ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of April 17, 2024 No. 218

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 after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of April 17, 2024, No. 218

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 59 in the following edition:

"59. To the potential suppliers participating in public procurements of goods the qualification requirement regarding possession material and manpower is not shown.

The qualification requirement regarding possession material and manpower when implementing public procurements of separate goods, works, services is provided in the standard tender documentation (auction documentation) developed and article 16 of the Law approved according to the subitem 7).";

state in the following edition:

"73. The price of the bid of the potential supplier of works is recognized dumping if it the low price specified in the feasibility statement (for development of the design estimates) and the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan more than for two percent.";

add with Item 289-6 of the following content:

"289-6. When implementing public procurements by tender method with use of rating and mark system, the web portal automatically takes away zero the whole one tenth percent (% 0,1) of the total amount of conditional discount of the criteria influencing the competitive price proposal of the potential supplier for each protocol on results where such potential supplier is determined by the winner.";

exclude Item 309;

state Items 314 and 315 in the following edition:

"314. The total quantity of participants of the framework agreement is limited which does not exceed ten.

315. If the number of the potential suppliers recognized conforming to qualification requirements and requirements of the tender documentation exceeds to ten, the participant of the framework agreement the potential supplier having the bigger indicator of financial stability of the potential supplier determined by the web portal automatically according to data of information systems of bodies of state revenues is recognized.

In case of equality of indicators of financial stability the participant of the framework agreement the participant of tender, the application for participation which arrived before bids of other potential suppliers is recognized.

For the purposes of implementation of tender with use of the framework agreement measure calculation of financial stability of the potential supplier is determined by the web portal automatically according to data of information systems of bodies of state revenues according to the procedure, determined by appendix 2 to the tender documentation by public procurements by tender method with use of the framework agreement.";

state Item 320-2 in the following edition:

"320-2. The protocol of consideration of notes to the technical specification is placed in the working days in working hours (from 09:00 till 18:00 on time of the city of Astana).

At the same time, acceptance of competitive price offers is performed the next working day (from 09:00 on time of the city of Astana) after day of placement of the protocol of consideration of notes to the technical specification.";

add with Item 324-1 of the following content:

"324-1. In case of adoption by the customer of the decision on implementation of public procurements by tender method with use of the framework agreements, such procurements are conducted according to the inventory, works, services approved by authorized body.";

state Item 387 in the following edition:

"387. The order is confirmed by the potential supplier within 3 (three) hours from the moment of sending the notification to working hours to the working days (from 09:00 till 18:00 on time of the city of Astana). If the notification on order confirmation was sent after 15:00 hours of time of Astana, counting of hours stops at 18:00 o'clock. The remained time for order confirmation renews from 09:00 o'clock time of the city of Astana of the next working day.";

appendix 3 to the specified Rules to be reworded as follows according to appendix 1 to this list;

in appendix 6 to the specified Rules:

in the Tender documentation:

state Item 18 in the following edition:

"18. The bid contains:

1) electronic copies of the documents certified by the digital signature or the electronic documents submitted by the potential supplier in confirmation of its compliance to qualification requirements:

permissions (notification) and (or) patents, certificates, certificates, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, to performance of works, rendering services;

data on qualification for participation in process of public procurements according to appendices 8, 9, 10 and 11 to this CD;

information about subcontractors on performance of works (collaborators when rendering services), being subject of purchases at tender, according to appendix 19 to this CD, and condition of prohibition of transfer by the potential supplier to subcontractors (collaborators) on sub contracting (co-execution) in total more than one second amounts of works (construction cost), services.

If the potential supplier provides to attract subcontractors (collaborators) of works or services, the potential supplier provides to the organizer the electronic copies of documents confirming compliance of the attracted subcontractors (collaborators) to qualification requirements;

2) the technical specification with indication of national standards, and in case of their lack of interstate standards on the purchased goods, works, service. In the absence of national and interstate standards are specified the description of functional, technical, quality and operational characteristics of the purchased goods, works, services, including with indication of trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, and other characteristics in forms according to appendices 13, of 14, and 15 to this CD for works or services, to appendix 16 to this CD for goods. In need of the technical specification the specifications and technical documentation is specified;

3) tender security on participation in the tender in the amount of established by the Law in type:

the bank guarantee provided in electronic form according to appendix 18 to this CD;

the money which is in e-wallet of the potential supplier;

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