THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 7, 2023 No. 1263

About modification and amendments in some orders of the Ministry of Finance of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made (further - the List).

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 since December 20, 2023, except for paragraphs of the seventh, eighth, ninth, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, thirty second, thirty third and thirty fourth Item 1 of the List, Items 2 and 3 of the List which become effective since February 1, 2024 and is subject to official publication.

Approved by the Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan of December 7, 2023 No. 1263

The list of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements" (it is registered in the Register of state registration of regulatory legal acts at No. 12590) the following changes and amendments:

in Rules of implementation of the public procurements approved by the specified order:

state Item 52 in the following edition:

"52. Data of bodies of state revenues, are updated on the web portal for the last calculated year of the three-year period once within calendar year no later than the October 1 preceding year of data application of data, except as specified associations on the web portal of indicators of financial stability of the reorganized legal entity (legal successor) by merge, accession.

At the same time, updating of indicators of financial stability of the reorganized legal entity (legal successor) is performed on condition of compliance of core activity of the reorganized legal entities within three years preceding previous year at the first level (section) of structure of the general qualifier of types of economic activity.

Data of bodies of state revenues of such reorganized legal entity (legal successor) are updated on the web portal based on the address of the potential supplier.";

state Item 59-1 in the following edition:

"59-1. If subject of tender (lot) are engineering services in technical supervision and (or) project management possession material and manpower is confirmed by the corresponding permission (notification) issued to the legal entities performing engineering services in technical supervision and (or) project management according to the legislation of the Republic of Kazakhstan on permissions and notifications.";

exclude Item 59-2;

state Item 87 in the following edition:

"87. The electronic depositary is created by department of authorized body and its territorial subdivisions based on the data and documents confirming work experience to installation and construction works and works on designing, according to appendix 5 to these rules and on engineering services in technical supervision, according to appendix 5-1 to these rules, brought by potential suppliers by means of the web portal.";

state Items 89 and 90 in the following edition:

"89. The data and documents confirming work experience of the potential supplier are introduced in electronic depositary by department of authorized body and its territorial subdivisions after confirmation of their reliability.

Requests of potential suppliers about entering into electronic depositary of data and documents, are created by the potential supplier and move by means of the web portal.

Such requests of potential suppliers are considered by department of authorized body and its territorial subdivisions within ten working days.

90. For the purpose of confirmation of reliability of the data and documents confirming work experience, the potential supplier addresses to the relevant state bodies, and also to official and other physical persons and legal entities according to the procedure, determined by these rules.";

add with Item 93-1 of the following content:

"93-1. Reliability of the data and documents confirming work experience of the potential supplier on engineering services in technical supervision for the last five years are confirmed by acceptance acts of construction objects (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects) in operation in the form approved by authorized body in the field of architectural, town-planning and construction activities according to article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan".

Reliability of the acceptance act of object in operation proves to be true:

1) on the objects financed by budgetary funds on the basis of these bodies of treasury;

2) on the objects financed by extrabudgetary funds on the basis of data:

the customer (in case of reorganization - the customer's legal successor) and (or) the owner;

the authorized body performing functions in the field of architecture and town planning or the authorized body exercising the state architectural construction supervision or authorized body in the field of state registration of the rights to real estate in the location of construction object.

At the same time such confirmation is performed based on addresses of potential suppliers by letters from at least two of the above-stated persons provided by means of the web portal with use of the digital signature of such persons.

In case of absence at the customer of construction object of possibility of confirmation by means of the web portal, the potential supplier puts the electronic copy of the letter received from it to the request.

In case of discrepancy of the acceptance act of construction object (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects) in operation to the form approved by authorized body in the field of architectural, town-planning and construction activities according to article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" such document is recognized reliable and is introduced in electronic depositary in cases if there is confirmation of reliability of such documents:

from at least two authorized bodies and persons specified in subitems 1) and 2) to part two of this Item;

or:

the judgment which took legal effect.";

state Item 274 in the following edition:

"274. When implementing public procurements of the works in the field of construction (installation and construction works and works on designing) the data and documents confirming work experience of the potential supplier which are in electronic depositary with the status "Is confirmed" is calculated the web portal automatically and to appeal according to the procedure of article 47 of the Law, are not subject.";

add with Items 280-1 and 280-2 of the following content:

"280-1. The request of the potential supplier participating in public procurements of engineering services in technical supervision regarding filling of the data influencing the competitive price offer is created on the web portal automatically taking into account formatno-logical control.

280-2. When implementing public procurements of engineering services in technical supervision work experience of the potential supplier by which data and documents are in electronic depositary with the status "Is confirmed", is calculated the web portal automatically and to appeal according to the procedure of article 47 of the Law, is not subject.";

appendices 4 and 5 to the specified Rules to be reworded as follows according to appendices 1 and 2 to this list;

add with appendix 5-1 to the specified Rules according to appendix 3 to this list;

in appendix 11 to the specified Rules:

to be reworded as follows appendix 1 to formula of measure calculation of financial stability according to appendix 4 to this list.

2. Bring in the order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of July 29, 2019 No. 798 "About approval of the inventory, works, services by which the method of implementation of public procurements is determined by authorized body" (it is registered in the Register of state registration of regulatory legal acts at No. 19121) the following change:

the inventory, works, services by which the method of implementation of public procurements is determined by authorized body, approved by the specified order to be reworded as follows according to appendix 5 to this list.

3. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of January 18, 2022 No. 46 "About approval of the Inventory, works, services on which public procurements are conducted by tender method with use of rating and mark system" (it is registered in the Register of state registration of regulatory legal acts at No. 26605) the following change:

the inventory, works, services on which public procurements are conducted by tender method with use of rating and mark system, approved by the specified order to be reworded as follows according to appendix 6 to this list.

Appendix 1

to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

Appendix 4

to Rules of implementation of public procurements

The inventory, works, services on which the electronic depositary in the field of public procurements is created

№	Name
1.	Installation and construction works
2.	Works on designing
3.	Engineering services in technical supervision

 

Appendix 2

to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

Appendix 5

to Rules of implementation of public procurements

The list of the data and documents confirming work experience of the potential supplier on installation and construction works and works on designing, introduced in electronic depositary

№	The name of the data and documents confirming work experience of the potential supplier	Note
1.	Name of construction object
2.	The status of the potential supplier on construction object: 1. Prime contractor; 2. General designer; 3. Subcontractor; 4. Subdesigner.	If the potential supplier is the prime contractor attracting subcontractor, the information about such subcontractor (the name, business and identification number) is in addition specified If the potential supplier is subcontractor, the information about the prime contractor (the name, business and identification number) is in addition specified
3.	Construction type (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects)
4.	Address (location of construction object)
5.	Name of the customer
6.	Year of completion of works according to date of the acceptance act of object in operation
7.	The level of responsibility of buildings and constructions (the first - increased, the second - normal, third - lowered)
8.	Technical complexity of objects (the buildings and constructions relating to technically difficult objects and the buildings and constructions which are not relating to technically difficult objects)
9.	Functional purpose (industrial facilities, factory buildings, constructions, subjects to construction engineering appointment, other constructions)
10.	The subspecies of the licensed type of activity provided by Sections 5 and 6 of the List of permissions of the first category (licenses) of the Law of the Republic of Kazakhstan "About permissions and notifications", corresponding to the work experience declared by the potential supplier, except for works on subjects to construction engineering appointment.
11.	Number and document date, confirming work experience
12.	The name of documents, confirming work experience according to Rules	It is necessary to enclose electronic copies of documents

 

Appendix 3

to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

Appendix 5-1

to Rules of implementation of public procurements

The list of the data and documents confirming work experience of the potential supplier on engineering services in technical supervision, introduced in electronic depositary

№	The name of the data and documents confirming work experience of the potential supplier	Note
1	Name of construction object
2	Address (location of construction object)
3	Name of the customer
4	Year of completion of works according to date of the acceptance act of object in operation
5	Number and document date, confirming work experience
6	The name of documents, confirming work experience according to Rules	It is necessary to enclose electronic copies of documents

 

Appendix 4

to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

Appendix 1

to formula of measure calculation of financial stability

Measure calculation of financial stability of the potential supplier on purchases which cost does not exceed the dvukhstatysyachekratny size of the monthly settlement indicator established for the corresponding financial year

№	Indicators of financial stability	Minimum value in case of which exceeding additional percent are charged	Step for each percent of the minimum value exceeding 0,1	Limiting measure value
1	PD	50,0	% 0,05	25%
2	POON	3,0	% 0,50	65%
3	PFOT	6,6	% 0,10	50%
	Total:			140%

 

Appendix 5

to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

Approved by the Order of the First deputy Premier-Ministra - the Minister of Finance of the Republic of Kazakhstan of July 29, 2019 No. 798

The inventory, works, services by which the method of implementation of public procurements is determined by authorized body

№	Name of goods, works, services	Method of implementation of public procurements
1.	The goods belonging to the categories (according to the qualifier of objects of informatization) the software and products of the electronic industry, included in the register of the confidential software and products of the electronic industry, and information and communication services in temporary use of these goods.	Tender with prequalification
2.	Installation and construction works.	Tender by use of rating and mark system
3.	Works on development project and estimate (standard project and estimate) documentation	Tender by use of rating and mark system
4.	Works on development of the feasibility statement and town-planning projects.	Tender
5.	Works on complex non-departmental examination of construction projects of objects.	Tender
6.	Engineering services in technical supervision and (or) project management	Tender by use of rating and mark system

 

Appendix 6

to the List of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of January 18, 2022, No. 46

The inventory, works, services on which public procurements are conducted by tender method with use of rating and mark system

№	Name
1.	Installation and construction works
2.	Works on designing
3.	Engineering services in technical supervision and (or) project management

 

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