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I.O'S ORDER. THE DEPUTY PRIME MINISTER - I.O. MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2023 No. 293

About modification of the order of the Minister of Finance of the Republic of Kazakhstan of November 30, 2021 No. 1252 "About approval of Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund"

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of November 30, 2021 No. 1252 "About approval of Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund" (it is registered in the Register of state registration of regulatory legal acts at No. 25489) the following change:

in the Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund, approved by the specified order:

appendix 1-2 to the specified Rules to be reworded as follows according to appendix to this order.

2. To provide to department of the legislation of public procurements and purchases of the quasi-public sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. This order becomes effective after ten calendar days after day of its first official publication.

Deputy. The deputy prime minister - the Deputy. Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

Appendix

to the Order of the deputy. The deputy prime minister - the deputy. The Minister of Finance of the Republic of Kazakhstan of March 27, 2023 No. 293

Appendix 1-2

to Rules of the monitoring procedure performed by centralized service on control of purchases, except for centralized service on control of purchases of National welfare fund

Elements of control and methods of elimination of violations

Control directions/elements

Criteria of risk management system for selection of data

Risk profile

Methods of elimination of violations

First direction

Purchases by method of the tender (auction).

Purchases of goods, works, services entering the inventory, works, services in which purchases are performed by tender method.

Purchases on which in centralized service on control of purchases claims arrived.

Profile No. 1

Establishment by the organizer, customer in tender (auction) documentation of qualification requirements and conditions, in violation of the law of the Republic of Kazakhstan about purchases of certain subjects of the quasi-public sector.

Option 1. Modification of tender (auction) documentation *.

Option 2. Cancellation of the relevant decision of the organizer, customer about approval of tender (auction) documentation if preliminary discussion of the draft of tender (auction) documentation not осуществляется*.

Profile No. 3

Not separation into lots when carrying out purchases by tender method.

Cancellation of purchase to the conclusion of the purchase agreement.

Profile No. 8

Delivery date of goods, performance of works, rendering services less than 15 (fifteen) calendar days, and also less than the term spent for delivery of goods, including its production (production), delivery, performance of work, rendering service.

Cancellation of purchase to the conclusion of the purchase agreement.

Second direction

Purchases by method of the tender (auction).

Profile No. 2

Approval by the organizer, customer of tender (auction) documentation in violation of the law of the Republic of Kazakhstan about purchases of certain subjects of the quasi-public sector, in the presence of the corresponding notes in the protocol of preliminary discussion to the draft of tender (auction) documentation.

Cancellation of purchase to the conclusion of the purchase agreement.

Profile No. 14

Establishment by the organizer (customer) in tender (auction) documentation of qualification requirements and conditions, not stipulated by the legislation the Republic of Kazakhstan about purchases of certain subjects of the quasi-public sector, in case of changes of tender (auction) documentation following the results of discussion or in tender (auction) documentation when instead of the technical specification the design estimates contain (the list of main types of the equipment (mechanisms, machines) and manpower).

Cancellation of purchase to the conclusion of the purchase agreement.

Third direction

Purchases by tender method which amount exceeds 300 (three hundred) million tenges, and (or) purchases by tender method on which claims of the potential suppliers who submitted the application for participation in the corresponding tender arrived.

Profile No. 4

The decision making with violation of the rights and legitimate interests of the potential supplier which entailed it variation.

Reduction of the protocol of the preliminary admission in compliance with уведомлением*.

Profile No. 5

Decision making about the admission of the potential supplier with violation of the law of the Republic of Kazakhstan about purchases of certain subjects of the quasi-public sector.

Reduction of the protocol of the preliminary admission in compliance with уведомлением*.

Profile No. 7

Not specifying in the protocol of the preliminary admission of detailed reasons for rejection of tender (auction) requests.

Reduction of the protocol of the preliminary admission in compliance with уведомлением*.

Profile No. 13

Illegal variation of requests of potential suppliers on the bases which do not grant them the right to reduction of the requests in compliance.

Option 1. Reduction of the protocol of the preliminary admission in compliance with уведомлением*.

Option 2. Cancellation of the relevant decision of the organizer, customer in case of registration by the organizer, customer of purchases of the protocol about итогах*.

Fourth direction

Purchases by method of the tender (auction) which amount exceeds 300 (three hundred) million tenges, and (or) purchases by method of the tender (auction) on which claims in terms, the stipulated in Clause 16 Laws of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" arrived.

Profile No. 4

The decision making with violation of the rights and legitimate interests of the potential supplier which entailed it variation.

Reduction of the protocol of results in compliance with уведомлением*.

Profile No. 5

Decision making about the admission of the potential supplier with violation of the law of the Republic of Kazakhstan about purchases of certain subjects of the quasi-public sector.

Cancellation of purchase to the conclusion of the purchase agreement.

Profile No. 6

Non-use or illegal application of conditional discounts.

Reduction of the protocol of results in compliance with уведомлением*.

Control of purchases by method of request of price offers

Purchases by method of request of price offers which amount of lot exceeds 2 (two) one million tenges, and (or) purchases on which in centralized service on control of purchases claims arrived.

Profile No. 9

Not separation into lots when carrying out purchases by method of request of price offers.

Cancellation of purchase to the conclusion of the purchase agreement.

Profile No. 10

The technical specification contains instructions on trademarks, useful models and other characteristics when carrying out purchases by method of request of price offers.

Cancellation of purchase to the conclusion of the purchase agreement.

Profile No. 15

Illegal requirements in case of implementation of purchases by method of request of price offers.

Cancellation of purchase to the conclusion of the purchase agreement.

Control of purchases by methods from one source

The draft agreement about purchases by the direct conclusion directed by the customer to signing to the potential supplier if there are following conditions (separately):

1) the amount of purchase exceeds 2 (two) one million tenges;

2) there are more than one Item of the annual plan of purchases with identical names and codes of the Single nomenclature reference book of goods, works, services.

The planned purchases by method through commodity exchanges.

Profile No. 11

Illegal application of method of procurement – method from one source by the direct conclusion of the purchase agreement.

Withdrawal of the draft agreement about purchases with modification of the annual plan of purchases according to уведомлением*.

Profile No. 12

The illegal choice of method of implementation of purchases of the goods entering the list of exchange goods.

Modification of the annual plan of purchases according to уведомлением*.

Note:

* In case of the conclusion of the purchase agreement after delivery of the notification, violation is eliminated by termination of such agreement (with cancellation of results).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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