ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 2023 No. 127

About approval of Rules of purchase of services in storage and transportation of medicines and medical products, services in accounting and realization of medicines and medical products by the single distributor within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance

According to subitem 15-2) of article 7 of the Code of the Republic of Kazakhstan "About health of the people and health care system" I ORDER:

1. Approve rules of purchase of services in storage and transportation of medicines and medical products, services in accounting and realization of medicines and medical products as the single distributor within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance according to appendix to this order.

2. To provide to department of medicinal policy of the Ministry of Health 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 Health of the Republic of Kazakhstan after its official publication;

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

3. To impose control of execution of this order on the supervising vice-Minister of Health of the Republic of Kazakhstan.

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

Appendix

to the Order of the Minister of Health of the Republic of Kazakhstan of July 11, 2023 No. 127

Rules of purchase of services in storage and transportation of medicines and medical products, services in accounting and realization of medicines and medical products by the single distributor within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance

Chapter 1. General provisions

1. These rules of purchase of services in storage and transportation of medicines and medical products, services in accounting and realization of medicines and medical products by the single distributor within the guaranteed amount of free medical care, additional amount of medical care at the expense of budgetary funds and (or) in system of compulsory social medical insurance (further – Rules) are developed for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system according to subitem 15-2) of article 7 of the Code of the Republic of Kazakhstan "About health of the people and health care system" (further – the Code) and determine procedure for the organization and carrying out purchase of services in storage and transportation, services in accounting and realization of medicines, medical products within the guaranteed amount of free medical care, additional amount of medical care for persons, containing in pre-trial detention centers and organizations of criminal executive (penitentiary) system, at the expense of budgetary funds and (or) in system of compulsory social medical insurance.

2. In these rules the following concepts are used:

1) auction – comparison of the prices of the potential suppliers participating in one lot for the purpose of determination of the winner of purchase at the smallest price automatically the web portal of purchase;

2) the potential supplier – the physical person performing the business activity, or the legal entity applying for the conclusion of the long-term agreement and (or) the agreement on storage and transportation of medicines and medical products according to these rules;

3) the affiliate of the potential supplier – physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also physical person or legal entity concerning which this potential supplier has such right;

4) the price offer – the commercial offer in forms according to appendices 1, 1-1, 1-2 to these rules, provided by the potential supplier, including the prices of one pallet in month by temperature condition of storage, transportation by freight vehicles for one kilometer depending on category of motor transport;

5) competitive lot – lot in which two and more potential suppliers participate;

6) non-competitive lot – lot in which only one potential supplier participates;

7) distribution center – the pharmaceutical warehouse in the territory of the cities of Astana, Almaty, Aktobe or Shymkent or their agglomerations used for storage of medicines, medical products in regions of servicing;

8) the single distributor – the legal entity performing activities within the guaranteed amount of free medical care and (or) in system of compulsory social medical insurance according to article 247 of this Code;

9) the affiliate of the single distributor – person (except for the state bodies performing regulation of its activities within the conferred powers) who directly and (or) indirectly determines decisions and (or) exerts impact on the decisions made by the single distributor, including owing to the agreement, and also any person concerning whom the single distributor has such right;

10) the web portal of purchase of medicines and medical products, services at subjects of health care (further – the web portal) – the information system providing single point of access to electronic services of purchase;

11) the single operator in the field of purchase of medicines and medical products, services at subjects of health care (further – the single operator) – the legal entity determined by authorized body in coordination with authorized body in the field of public procurements;

12) services in storage and transportation of medicines, medical products (further – services) – the services rendered to the single distributor by the supplier according to terms of the contract or the long-term agreement;

13) the long-term agreement on storage and transportation of medicines and medical products (further – the long-term agreement) – the civil agreement of rendering services signed by the single distributor with the subject in the field of drug circulation and medical products – resident of the Republic of Kazakhstan, to relevant requirements of proper distributor practice (GDP);

14) authorized body in the field of health care (further – authorized body) – the central executive body performing management and cross-industry coordination in the field of protection of public health of the Republic of Kazakhstan, medical and pharmaceutical science, medical and pharmaceutical education, sanitary and epidemiologic wellbeing of the population, drug circulation and medical products, qualities of rendering medical services (help);

15) the bid – the proposal of the potential supplier on participation in purchase of services according to these rules;

16) the region of servicing – the administrative and territorial units united in the following groups:

The North Kazakhstan, Kostanay, Akmola, Karaganda, Pavlodar regions and Ulytau's area with distribution center in the city of Astana;

The Almaty, East Kazakhstan regions, areas Abay and Zhet_su with distribution center in the city of Almaty;

The Turkestan, Kyzylorda, Jambyl regions with distribution center in the city of Shymkent;

Atyrau, Aktyubinsk, West Kazakhstan, Mangystau regions with distribution center in the city of Aktobe;

17) operational warehouse – the pharmaceutical warehouse in the territory of the regional center or its agglomeration used for acceptance, storage and transportation of medicines, medical products in the territory of the area where it is located;

17-1) pharmaceutical warehouse – object in the field of drug circulation, medical products;

18) the supplier – the physical person performing business activity, or the legal entity who signed the long-term agreement or the contract with the single distributor according to these rules;

19) pallet – unit of account for custodial services of one pallet, where pallet – the transport container taking the tough platform and place sufficient for creation of the enlarged unit load, used as the basis for collection, warehousing, overload and transportation of goods of 1200 millimeter by 800 millimeter in size;

20) the service price – the service cost established by results of service purchase according to the procedure, determined by these rules, paid at the expense of markup of the single distributor;

21) draft cost of service in storage and transportation of medicines and medical products, to storage of medicines, storage of medical products, transportation of medicines, transportation of medical products - the amount allocated for purchase of service for the corresponding financial year which is created by the single distributor taking into account amount of requirement and the minimum value of the price offer by the region of servicing;

22) the agreement on storage and transportation of medicines and medical products, the agreement of storage of medicines, the agreement of storage of medical products, the agreement on transportation of medicines, the agreement on transportation of medical products (further - the agreement) – the civil agreement of rendering services signed by the single distributor on the web portal with the supplier according to conditions of these rules;

23) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

24) the digital signature – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. The purchase of services is made with respect for the principles:

1) optimum and effective expenditure of the money used for purchase;

2) representation to potential suppliers of equal opportunities for participation in the procedure of carrying out purchase;

3) fair competition among potential suppliers;

4) publicity and transparency of process of purchase;

5) uninterrupted providing population of the Republic of Kazakhstan with safe, effective and high-quality medicines, medical products.

4. The single distributor performs purchase of services by tender method (repeated tender) or by method from one source.

5. The single distributor determines for one lot:

1) administrative and territorial unit (area) in case of purchase of services in storage and transportation of medicines (operational warehouse);

2) administrative and territorial unit (area) in case of purchase of services in storage and transportation of medical products (operational warehouse);

3) the region of servicing in case of purchase of services in storage of medicines (distribution center);

4) the region of servicing in case of purchase of services in storage of medical products (distribution center);

5) the region of servicing in case of purchase of transportation services of medicines (from distribution center to operational warehouse);

6) the region of servicing in case of purchase of transportation services of medicines (from distribution center to the receiver, and also between distribution centers);

7) the region of servicing in case of purchase of transportation services of medical products (from distribution center to operational warehouse);

8) the region of servicing in case of purchase of transportation services of medical products (from distribution center to the receiver, and also between distribution centers);

9) the region of servicing in case of purchase of custodial service and transportation of medicines and medical products in case of the conclusion of the long-term agreement.

6. The distribution center renders custodial service in the region of servicing.

7. In case of recognition of tender or separate lot on purchase of services through operational warehouse cancelled:

1) the distribution center renders custodial service;

2) the supplier rendering transportation service from distribution center to the receiver and also between distribution centers renders transportation service.

In case of recognition of purchase of transportation service of medical products, transportation services of medicines (from distribution center to operational warehouse) cancelled, such service is rendered by the supplier rendering transportation service from distribution center to the receiver and also between distribution centers.

7-1. The service provider of transportation of medicines, transportation services of medical products rendering transportation service in the location of distribution center performs transportation of goods between distribution centers.

8. The purchase of services in accounting and realization of medicines and medical products is performed within purchase of pharmaceutical services according to the order of the Minister of Health of the Republic of Kazakhstan of June 7, 2023 No. 110 "About approval of rules of the organization and carrying out purchase of medicines, medical products and specialized medical products within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance, pharmaceutical services" (it is registered in the Register of state registration of regulatory legal acts at No. 32733);

9. Workers and affiliates of the single distributor do not participate in quality of potential suppliers when implementing the purchase of services regulated by these rules.

10. The potential supplier and his affiliates do not act as the participant of tender on one its lot.

11. The potential supplier does not participate in purchase if:

1) close relatives, the spouse (spouse) or cousins-in-laws of the first heads of the potential supplier and (or) the authorized representative of the potential supplier have power of decision about the choice of the supplier or are the worker of the single distributor in the carried-out purchase;

2) activities of the potential supplier are suspended according to the legislation of the Republic of Kazakhstan or the legislation of the state of the potential nonresident supplier of the Republic of Kazakhstan.

Chapter 2. Procedure for carrying out tender

12. The announcement of carrying out tender is published in the Kazakh and Russian languages on the web portal within 3 (three) working days from the date of decision making by the single distributor at least, than in 10 (ten) working days prior to day of opening of bids, and when carrying out repeated tender – it is at least, than in 5 (five) working days.

13. Tender on the web portal represents set of the following consecutive stages:

1) placement by the secretary of tender committee of the announcement of service purchase by tender method;

2) submission of requests by potential suppliers according to these rules by means of the web portal and warranty providing the bid;

3) automatic opening by the web portal of bids, publication of the protocol of opening;

4) consideration by tender committee of bids and vote regarding their compliance to conditions of the announcement and to provisions of these rules;

5) publication secretary of tender committee of the protocol of the preliminary admission;

6) representation by potential suppliers of amendments to bids;

7) consideration by tender committee of amendments to bids and vote regarding their compliance to conditions of the announcement and to provisions of these rules;

8) publication secretary of tender committee of the protocol of the admission;

9) auction for competitive lots;

10) automatic publication web portal of the protocol of results;

11) the conclusion the single distributor and winners of tender of the long-term agreement or agreement on the web portal by means of digital signatures.

14. The announcement of carrying out tender contains:

1) name and address of the single distributor;

2) bank details of the single distributor;

3) name of tender;

4) the name of service in lot with indication of conditions: the place and timeline for delivery of services, the name and amounts of medicines, medical products connected with rendering services in each lot;

5) planned quantity of pallets with special temperature condition and without special temperature condition, forecast kilometric distance for transportation, the forecast number of normo-hours for handling works on lot, the list and addresses of subjects of health care in case of purchase of custodial services and transportations through operational warehouse;

6) planned quantity of pallets with special temperature condition and without special temperature condition in case of purchase of custodial services through distribution center;

7) forecast kilometric distance in case of purchase of transportation services, the list and addresses of subjects of health care;

8) date and time of the end of order taking;

9) draft of the long-term agreement, draft agreement;

10) the draft cost of services allocated for purchase on each lot.

15. For tender the single distributor approves structure of the commission and determines the secretary of the commission who is not member of the commission. The total quantity of members of tender committee constitutes odd number, but at least five people.

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