of October 9, 2024 No. 687
About approval of Rules of implementation of public procurements
According to the subitem 21) of article 3 of the Law of the Republic of Kazakhstan "About public procurements" I ORDER:
1. Approve the enclosed Rules of implementation of public procurements according to appendix 1 to this order.
2. Recognize invalid some orders of the Ministry of Finance of the Republic of Kazakhstan according to appendix 2 to this order.
3. 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.
4. This order becomes effective since January 1, 2025 and is subject to official publication.
Minister of Finance of the Republic of Kazakhstan
M. Takiyev
Appendix 1
to the Order of the Minister of Finance of the Republic of Kazakhstan of October 9, 2024 No. 687
1. These rules of implementation of public procurements (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About public procurements" (further – the Law), the laws of the Republic of Kazakhstan "About the electronic document and the digital signature", "About informatization" and determine procedure of public procurements.
2. Rules do not extend to public procurements using special procedure of public procurements.
3. In these rules concepts, the stipulated in Article 3 Laws, and also the following concepts are used:
1) indicator of financial stability of the potential supplier – the set of indicators according to the income paid to taxes and the salary fund of the potential supplier determined by the web portal automatically according to data of information systems of bodies of the state revenues or the relevant authorized body of the potential nonresident supplier of the Republic of Kazakhstan received by integration according to the legislation of the Republic of Kazakhstan in the field of informatization (further – bodies of state revenues), applied according to the procedure, determined by Item 275 of these rules;
2) the starting price – the price offered by the potential supplier before holding the auction, attached to the auction participation application which is not lower than the allocated auction subject amount more than for five percent;
3) single platform of purchases (further – the web portal) – the information system of authorized body in the field of public procurements providing single point of access to electronic services of the public procurements and procurements conducted according to the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector";
4) the participant of the web portal – the customer, the organizer, the single organizer, the potential supplier, the supplier who was registered on the web portal, except for suppliers on purchase of goods, works, services according to subitems 3), 6), 22), 23) and 25) of Item 3 of article 16 of the Law;
5) registration on the web portal – the admission of the subject of system of public procurements to participation in public procurements by means of the web portal;
6) affiliates of the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state – legal entities in whom fifty and more percent of voting shares (shares in the authorized capital) directly or indirectly belong to the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state. Indirect accessory means accessory to each subsequent affiliate of fifty and more percent of voting shares (shares in the authorized capital) other legal entity;
7) dumping price – the price offered by the potential supplier which is below the threshold value determined by these rules;
8) personal account – the automated workplace of the user on the web portal for implementation of procedures of public procurements, participation in public procurements, and also receipt of automatic notifications and information placed on the web portal;
9) tender committee (the auction commission) – the collegiate organ created by the organizer, the single organizer for holding procedures of public procurements by the method of tender (auction) provided by the Law. The tender committee (the auction commission) shall consist of odd quantity, but at least three people;
10) treasurer maintenance – control of target use of the funds allocated for implementation of the budget investment projects connected with construction, ensuring completeness of tax payment by all project participants – the prime contractor and subcontractor at all stages of carrying out payments through accounts in bodies of treasury for construction objects;
11) the electronic copy of the document – the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;
12) the enlarged cost indexes – the enlarged indicators of estimated cost of structural elements per unit of measurement of construct and work types;
13) the register of work experience in the field of public procurements (further – the register of work experience) – the electronic database containing the data and documents confirming experience of work of potential suppliers, created on the web portal according to the procedure determined by the Rules of forming and maintaining registers in the field of public procurements approved by the order of the Minister of Finance of the Republic of Kazakhstan of September 26, 2024 No. 646 (it is registered in the Register of state registration of regulatory legal acts for No. 35143) (further – Rules of forming and maintaining registers in the field of public procurements);
14) the agreement on public procurements (further – the agreement) – the civil agreement signed by means of the web portal between the customer and the supplier, certified by digital signatures, except as specified, provided by these rules;
15) the agreement on "turnkey" construction – the agreement which subject are the complex works on asset construction and its introduction in operation including accomplishment project, prospecting, construction (expansion, upgrade, modernization, reconstruction, restoration, capital repairs) and other works, and also the conducting complex non-departmental examination of projects and services of technical supervision accompanying the specified works delivery of goods and rendering services, except for;
16) indicator of the paid taxes – percentage ratio of the amount of the paid taxes to the amount of the income of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues, calculated according to subitem part two 2) of Item 57 of these rules;
17) the authorized representative – the user of the participant of the web portal to which the relevant decision of the first participant manager of the web portal delegates the rights to accomplishment of all actions on the web portal including assurance of electronic copies of documents according to the legislation of the Republic of Kazakhstan;
18) formatno-logical control – the complex of program restrictions established on the web portal, aimed at ensuring compliance by users of the web portal of the legislation of the Republic of Kazakhstan on public procurements;
19) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;
20) electronic trading platform – the non-state information system conforming to the requirements determined by the single operator in coordination with authorized body, providing access to participants of purchases, method through electronic shop to services of the web portal;
21) 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.
4. Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.
5. The decision on implementation of public procurements is made by the customer based on the approved or specified annual plan of public procurements (the preliminary annual plan of public procurements), except as specified, of stipulated in Item 11 these rules.
6. According to Item 2 of article 6 of the Law the customer based on the relevant budget (development plan), the allocated money from Special state fund according to the legislation of the Republic of Kazakhstan, or individual funding plan in form according to appendix 1 to these rules develops and approves the annual plan of public procurements.
At the same time, terms of implementation and amounts of public procurements shall correspond to the terms and the amounts of financing reflected in the investment offer approved in accordance with the established procedure, the feasibility statement, project (project and estimate) documentation.
7. Based on the positive offer of the relevant budget commission the customer of the relevant budget having the right to develop and approve before approval (refining) the preliminary annual plan of public procurements in form according to appendix 1 to these rules.
Customers, being the state companies, legal entities, more than fifty percent of voting shares (share in the authorized capital) which belong to the state, have the right to develop and approve the preliminary annual plan of public procurements before approval of the development plan or individual funding plan.
The preliminary annual plan of public procurements is developed and affirms as the specified cases separately both at stages before approval, and at stages before refining of the relevant budget (development plan) or individual funding plan.
8. The preliminary annual plan of public procurements is effective before approval (refining) of the annual plan of public procurements.
9. The data on public procurements provided by the preliminary annual plan of public procurements pass into the annual plan of public procurements.
10. The annual plan of public procurements affirms (is specified) by the customer within ten working days from the date of approval (refining) of the relevant budget (development plan) or individual funding plan.
11. Are not subject to inclusion in the annual plan of public procurements (the preliminary annual plan of public procurements) of the data on the public procurements conducted according to subitems 3), 6), 21), 22), 23) and 24) Item 3 of article 16 of the Law.
12. The annual plan of public procurements (the preliminary annual plan of public procurements) contains the following data:
1) identification code of public procurement;
2) the nomenclature of goods, works, services according to the reference book, including the amounts allocated for implementation of public procurements including the amount of advance payment (advance payment), excluding tax on value added;
3) method and terms of implementation of public procurements;
4) delivery dates of goods, performance of works, rendering services according to the schedule and breakdown by years within the allocated and provided amounts for each financial year in cases, the stipulated in Article 17 Laws;
5) conditions of implementation of public procurements according to article 27 of the Law;
6) sign of subject of public procurements.
13. According to Item 1 of article 10 of the Law public procurements are performed by one of the following methods:
1) tender;
2) auction;
3) request of price offers;
4) from one source;
5) through electronic shop.
At the same time, the public procurements by tender method provided by the subitem 1) of this Item also are performed with the features provided by these rules including:
1) tender with prequalification;
2) tender with use of rating and mark system;
3) tender on "turnkey" construction.
The public procurements of goods, works and services which are purchased from subjects of small and medium entrepreneurship which list and amounts affirm authorized body according to Item 7 of article 27 of the Law are performed by methods the provided subitems 1), 2) and 3) of this Item according to the procedure, determined by these rules.
14. In case of creation of the annual plan of public procurements (the preliminary annual plan of public procurements) the customer according to Item 3 of article 6 of the Law shall divide goods, works, services into lots by their homogeneous types and the place of their delivery (accomplishment, rendering), except for:
1) acquisitions of works, services providing complex of the interconnected works, services;
2) purchases of goods, works, services in the list, according to appendix 2 to these rules.
In case of availability at least five places of deliveries of goods, rendering services are allowed specifying in lot of several places of deliveries of goods, rendering services.
15. Approval (refining) of the annual plan of public procurements in the amount which is not corresponding to the budget (development plan), the allocated money from Special state fund according to the legislation of the Republic of Kazakhstan or to individual funding plan, in total on specifics to economic classification (expenditure items) according to which the conclusion of agreements is required is not allowed.
If the source of financing consists of republican and local budgets, the customer places the decision of the relevant budget commission and (or) maslikhat confirming availability of allocated funds on the web portal.
16. The customer within five working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) shall place it on the web portal, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan.
17. Customers have the right to make changes and (or) additions to the annual plan of public procurements no more than two times a month, except as specified, of stipulated in Item 28 these rules.
18. The customer within five working days from the date of decision making about modification and (or) amendments in the annual plan of public procurements (the preliminary annual plan of public procurements) shall place the made changes and (or) additions on the web portal, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan.
19. Purchase of goods, the works, services which are not provided by the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), except for purchases of goods, works, services according to subitems 3), 6), 21), 22), 23) and 24) of Item 3 of article 16 of the Law is not allowed.
20. When implementing public procurements by method of tender, auction by the single operator confidentiality of competitive price proposals (the starting prices) of potential suppliers before summing up public procurements taking into account requirements of Item 5 of article 15 of the Law is provided.
21. According to Item 10 of article 6 of the Law the customer before summing up public procurements has the right to refuse implementation of public procurements in cases:
1) the expense reduction on purchase of goods, the works, services provided by the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements) which happened when refining (adjustment) of the relevant budget, the budget statement according to the legislation of the Republic of Kazakhstan;
2) the modification and amendments of the strategic plan of state body, the budget (development plan) or individual funding plan of the customer excluding need of purchase of goods, works, the services provided by the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements) according to the legislation of the Republic of Kazakhstan.
In the case provided by the subitem 2) of part one of this Item, redistribution of the budget (money according to the development plan), the allocated money from Special state fund according to the legislation of the Republic of Kazakhstan, or money according to individual funding plan to other customer, and modification is equal and amendments in the annual plan of public procurements (the preliminary annual plan of the public procurements) directed to acquisition of such goods, works, services in the current year are not allowed.
22. The customer or the organizer within five working days from the date of the decision making specified in Item 21 of these rules shall inform on the made decision of persons participating in the carried-out public procurements.
23. Public procurements of goods, works on which services the decision of the Government of the Republic of Kazakhstan establishes withdrawals from national treatment are performed among the physical persons and legal entities which are:
1) in the register of the Kazakhstan producers or representatives (distributors or dealers) of producers of vehicles and agricultural machinery;
2) in the register of the confidential software and products of the electronic industry.
Compliance of the potential supplier to requirements imposed in the subitem 1) of this Item is determined by the web portal automatically on the basis of data of authorized body in the field of industrial development and (or) National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.
Compliance of the potential supplier to requirements imposed in the subitem 2) of this Item is determined by the web portal automatically on the basis of data of the authorized body in the field of the electronic industry creating the register of the confidential software and products of the electronic industry.
In case of recognition of public procurements cancelled in view of lack of the submitted requests, such public procurements are conducted by the competitive methods determined by article 10 of the Law among all potential suppliers.
24. Customers specify in the annual plan of public procurements (the preliminary annual plan of public procurements) advance payment (advance payment) in the amount of thirty percent from the amount allocated for implementation of public procurements, excluding tax for value added when implementing public procurements:
1) installation and construction works;
2) goods on which the decision of the Government of the Republic of Kazakhstan establishes withdrawals from national treatment.
25. Instruction of advance payment (advance payment) when implementing public procurements, including on other goods, works, services is specified the customer independently proceeding from financing availability according to the budget legislation.
26. When implementing public procurements of installation and construction works, customers in the annual plan of public procurements (the preliminary annual plan of public procurements) place on the web portal the design estimates with the positive conclusion of complex non-departmental project appraisal. At the same time, this requirement does not extend to implementation of public procurements by tender method on "turnkey" construction.
27. When implementing public procurements of works on development of project (project and estimate) documentation, the customer places calculation of cost of design and exploration work for this object on the web portal.
28. The requirement of Item 17 of these rules does not extend to cases:
1) implementation of public procurements by the state companies, legal entities, more than fifty percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them;
2) execution of instructions, notifications on elimination of the violations revealed by results of control actions, including by results of cameral control;
3) distributions of the distributed budget programs, and also implementation of public procurements when refining (adjustment) of the relevant budget according to the legislation of the Republic of Kazakhstan;
4) the decision making provided by the subitem 1) of part one of Item 172 and the subitem 1) of part one of Item 355 of these rules;
5) purchases of goods, services connected with entertainment expenses;
6) purchases of goods, works, services due to economy following the results of the carried-out public procurements;
7) implementation of public procurements by the allocated money from Special state fund according to the legislation of the Republic of Kazakhstan;
8) entering by the customer of changes and (or) amendments into the annual plan of public procurements, for the purpose of elimination of notes, and also adoption of the offers and recommendations of the organizer (single organizer) developed by results of consideration of task of the customer for the organization and holding procedures of public procurements.
29. The customer, the organizer, the single organizer or the single operator within five working days from the date of the decision making specified in Item 10 of article 6 of the Law returns the brought providing requests of potential suppliers with participation in public procurements with methods of tender, auction, request of price offers.
30. The public procurements financed by means of Special state fund according to the legislation of the Republic of Kazakhstan are implemented with observance of the requirements provided by this Chapter and article 6 of the Law.
31. For performing procedures of the organization and carrying out public procurements the customer determines the organizer and the official of the customer representing the interests of the last in the forthcoming public procurements, except as specified, when the customer and the organizer act in one person.
32. As the organizer the customer on behalf of the structural division or the official, the actionee of procedures of the organization and carrying out public procurements can act.
33. The customer can determine the organizer subordinated public institution of the customer.
34. The customer can act as the organizer for several public institutions subordinated to the customer.
35. The customer can for several public institutions subordinated to the customer, determine among them the organizer.
36. The administrator of the budget program can act as the organizer for public institution subordinated to it, the legal entity concerning whom he acts as state body, or persons affiliated with the legal entity concerning whom the administrator of the budget program acts as state body.
The administrator of the budget program can for several legal entities concerning whom he acts as state body, departments and the subordinated organizations to determine among them the organizer.
The state company can act as the organizer for persons affiliated with it.
The legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state can act as the organizer for persons affiliated with it.
37. The organizer determines the official representing him in relations with the customer, except as specified, when the customer and the organizer act in one person, potential suppliers, the relevant commissions and the expert. The representative of the organizer is determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out public procurements.
38. Centralized public procurements are conducted by single organizers.
39. The authorized body determines inventories, works, services on which public procurements are conducted by single organizers.
40. The single organizer conducts centralized public procurements according to the inventory, works, services determined by authorized body, except for public procurements using special procedure, the services provided by the state social order, the dwelling belonging on the right of private property to the physical person which is not the subject of business activity.
41. The single organizer of public procurements conducts centralized public procurements according to requests of customers for purchase of goods, the works, services which are not included in lists, stipulated in Item 40 these rules, on condition of the consent of the single organizer with carrying out such public procurements, according to the procedure, determined by these rules.
42. The customer within five working days from the date of decision making about implementation of centralized public procurements sends by means of the web portal to the single organizer the request for carrying out public procurements containing the data and documents provided by Paragraph 2 of Chapter 8 of these rules.
43. The single organizer within five working days from the date of receipt from the customer of the request for carrying out public procurements considers it regarding compliance to requirements of the Law, these rules of other regulations of the legislation of the Republic of Kazakhstan, with acceptance of one of the following decisions:
1) in case of discrepancy of the request for carrying out public procurements to requirements of the Law, these rules of other regulations of the legislation of the Republic of Kazakhstan rejects the request for carrying out public procurements with indication of reason for rejection;
2) in case of compliance of the request for carrying out public procurements to requirements of the Law, these rules of other regulations of the legislation of the Republic of Kazakhstan confirms such request.
44. In case, acceptances by the single organizer of the decision provided by the subitem 1) of Item 43 of these rules the customer within three working days eliminates the specified discrepancies and repeatedly sends to the single organizer the request for carrying out centralized purchases, except as specified, when the single organizer of the request the conditions which are not allowing to conduct this public procurement according to the legislation of the Republic of Kazakhstan are reason for rejection. At the same time the single organizer considers repeatedly directed request of the customer within five working days.
45. In case, acceptances by the single organizer of the decision provided by the subitem 2) of Item 43 of these rules, the single organizer within five working days makes the decision, stipulated in Item 115 these rules.
46. According to Item 1 of article 11 of the Law the following qualification requirements are imposed to potential suppliers and (or) the attracted subcontractors (collaborators):
1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);
2) to be financially steady and not to have the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;
3) not to be subject to insolvency proceeding or liquidation;
4) to have the material, labor and financial resources sufficient for obligation fulfillment under the agreement on public procurements, and also not to have arrears on salary payment to workers;
5) experience of work.
For the purposes of implementation of public procurements, the work experience is considered only under the agreements executed within public procurements and to agreements, data on which contain in objects of informatization of state bodies.
In case of reorganization of legal entities (accession, merge) the greatest work experience of one of the reorganized legal entities is considered.
47. In case of involvement of subcontractors (collaborators) for accomplishment of separate work types or services the documents confirming their compliance to qualification requirements are represented on the work types which are carried out by them, services.
48. The qualification requirements provided by subitems 2) regarding possession of financial stability, 4) and 5) of Item 46 of these rules do not extend on the attracted subcontractors (collaborators).
49. In case of implementation of public procurements of goods, works, services, on occupation which receipt of permission is necessary, the direction of the notification, according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions and notifications), the organizer and (or) the customer shall establish the requirement about availability of the corresponding permission (notification) to potential suppliers.
50. Legal capacity of the potential supplier performing types of activity on occupation which receipt of permission, the direction of the notification is necessary proves to be true by means of information systems of state bodies according to the legislation of the Republic of Kazakhstan on informatization.
51. In case of lack of data in information systems of state bodies the potential supplier represents notarially attested or electronic copy of the corresponding permission (notification) got (directed) according to the legislation of the Republic of Kazakhstan.
52. Establishment of requirements for permission availability (the direction of the notification) and (or) subspecies of such allowing document which directly do not follow from need of accomplishment of agreement obligations is not allowed.
53. The qualification requirement in the form of financial stability of the potential supplier is imposed to the potential suppliers participating in public procurements:
1) goods if the allocated amount of the corresponding public procurement (lot) exceeds the chetyretysyachekratny size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;
2) works if the allocated amount of the corresponding public procurement (lot) exceeds the twenty-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;
3) services if the allocated amount of the corresponding public procurement (lot) exceeds the eight-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.
54. The qualification requirement in the form of financial stability of the potential supplier is imposed regardless of the allocated amount of public procurement (lot), in cases of implementation of public procurements:
1) works on development of the feasibility statement, project (project and estimate) documentation and town-planning projects;
2) works on complex non-departmental examination of construction projects of objects;
3) engineering services in technical supervision and (or) project management.
55. The qualification requirement in the form of financial stability of the potential supplier does not extend to the potential suppliers participating in public procurements according to Items 1 - the 6th article 27 of the Law, and also to potential suppliers in case of acquisition at them of goods and services for providing persons with disability according to the individual program of rehabilitation of persons with disability with the prosthetic and orthopedic help, technical supportive (compensatory) means, special vehicles and services according to the qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability, approved by the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 No. 284 "About approval of the Qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability" (it is registered in the Register of state registration of regulatory legal acts at No. 32984), and also on the potential suppliers specified in the subitem 6) of Item 1 of article 293 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" (further - the Tax code), in case of acquisition at them of goods and services from the Register of the confidential software and products of the electronic industry.
56. Financial stability of the potential supplier is determined by the web portal automatically based on the following data of bodies of state revenues:
1) income;
2) the paid taxes;
3) fixed assets;
4) salary fund.
57. The potential supplier is recognized financially steady if he corresponds in total to the following conditions:
1) the income of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one second part of the amount allocated for implementation of public procurement;
2) the indicator of the paid taxes in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least three percent from the income of the potential supplier.
The paid taxes and payments are reflected that calendar year in which the actual transfer in the budget according to data of bodies of treasury is made.
The paid taxes and payments include tax revenues, except for customs payments and taxes according to the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan".
For the purposes of these rules measure calculation of the paid taxes is determined according to data of information systems of bodies of state revenues on the following formula:
PUN = UN / SD x 100%,
where:
PUN – indicator of the paid taxes;
UN – the amount of the paid taxes during the calculated three-year period;
SD – income amount of the potential supplier for the calculated three-year period;
3) the cost of fixed assets of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one fifteenth part of the amount allocated for implementation of public procurement, but no more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year;
4) the salary fund of workers of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitute at least one fifteenth part of the amount allocated for implementation of public procurement.
58. The potential supplier participating in public procurements of goods is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 2) of Item 57 of these rules.
58-1. The potential supplier specified in the subitem 6) of Item 1 of article 293 of the Tax Code and participating in public procurements of goods is recognized financially steady if it corresponds to the condition provided in the subitem 1) of Item 57 of these rules.
59. The potential supplier participating in public procurements on retail and wholesale of fuels and lubricants and also the potential supplier who signed the agreement on industrial assembly of vehicles and (or) agricultural machinery with authorized body in the field of the state support of industrial activities are recognized financially steady if their indicator of the paid taxes calculated according to the subitem 2) of Item 57 of these rules constitutes at least one percent from its income.
60. The potential supplier participating in public procurements of services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 57 of these rules.
60-1. The potential supplier specified in the subitem 6) of Item 1 of article 293 of the Tax Code and participating in public procurements of services is recognized financially steady if it corresponds in total to the conditions provided in subitems 1) and 4) of Item 57 of these rules.
61. The potential supplier performing activities of the insurance (reinsurance) organization with participation in public procurements of services in insurance services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 4) of Item 57 of these rules.
62. The potential supplier participating in public procurements of services in financial leasing is recognized financially steady if it corresponds in total to the conditions provided in subitems 1) and 4) of Item 57 of these rules.
63. The potential supplier belonging to small business entity and participating in public procurements of works is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 57 of these rules.
64. The potential supplier participating in public procurements of works on development of the feasibility statement, project (project and estimate) documentation and town-planning projects and also works on complex non-departmental examination of construction projects of objects is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 57 of these rules.
65. The potential suppliers applying special tax regime and recognized by subjects of microentrepreneurship or small business tax-exempt according to article 57-4 of the Law of the Republic of Kazakhstan "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)" (further – the Law on enforcement of the Tax code) for the period from January 1, 2020 to January 1, 2023, are recognized financially steady if their indicator of the paid taxes calculated according to the subitem 2) of Item 57 of these rules constitutes at least three percent from its income.
At the same time for the period releases of the above-stated persons from tax payment, the amount of the estimated tax is considered as payment in case of measure calculation of the paid taxes.
The status of such persons is determined by the web portal automatically on the basis of data of bodies of state revenues.
66. The qualification requirement in the form of financial stability of the potential supplier participating in public procurements by method from one source by the direct conclusion of the agreement is determined by the customer with respect for the principles of implementation of public procurements, the stipulated in Article 5 Laws.
At the same time the potential supplier participating in public procurements by method from one source by the direct conclusion of the agreement is recognized financially steady if it corresponds to the conditions provided in the subitem 1) of Item 56 of these rules.
67. 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.
According to the subitem 2) of Item 1 of article 11 of the Law, for the purposes of implementation of public procurements consolidation of indicators of financial stability is not allowed, except for indicators on fixed assets and the salary fund.
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 the complete 3 (three) financial years (continuously) 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.
67-1. For the purposes of these rules the indicator of financial stability of the reorganized legal entity (legal successor) is not updated if one of the reorganized legal entities has the restrictions provided by subitems 3), 5), 6) and 7) of Item 1 of article 7 of the Law.
68. In cases of identification by bodies of state revenues of the facts of decrease, and also misstatement and (or) not reflection of indicators of financial stability, attracting their overestimate, including by submission by potential suppliers of additional forms of tax statements and (or) withdrawal of tax declarations, authorized body:
Adjusts 1) on the web portal of the data on such potential suppliers according to actual data of bodies of state revenues, except for:
increases in the income which is not influencing reduction of the size of conditional discount for indicator of the paid taxes according to Item 254 of Rules;
decrease in the income which is not influencing increase in the size of conditional discount for indicator of the paid taxes according to Item 254 of Rules;
2) does not display on the web portal indicators of financial stability of such potential suppliers before elimination of violation according to notifications of bodies of state revenues on elimination of the violations of the tax legislation attracting unreasonable overestimate of indicators of financial stability, three years revealed by results of cameral control for the period preceding previous year;
3) is adjusted by the cost of fixed assets in three years preceding previous year in case of confirmation of the amount of fixed assets of I and II groups timely payment of tax payments according to data of information systems of bodies of state revenues;
4) in cases, the stipulated in Article 8 Laws, takes measures for inclusion of such potential suppliers in the register of unfair participants of public procurements.
69. The tax debt in the amount of, exceeding sixfold monthly settlement indicator established for the corresponding financial year by the law on the republican budget is determined by the web portal automatically based on data of bodies of state revenues.
70. Compliance of the potential supplier to qualification requirement regarding his non-participation in insolvency proceeding or liquidation, is determined by means of information placed on Internet resource of the authorized body exercising control of carrying out insolvency proceedings or liquidation.
71. Material and the manpower necessary for execution of contractual commitments within public procurements by method of tender are specified in qualification requirements according to these rules.
72. If subject of public procurement are works or services on accomplishment (rendering) of which availability of the corresponding permission of the first or second category according to the legislation of the Republic of Kazakhstan on permissions and notifications is required, the qualification requirement regarding possession material and manpower is not shown.
When implementing public procurements of works in the field of construction (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects), development of the feasibility statement, design estimates and town-planning projects, the document confirming possession of the potential supplier material and manpower, the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications is.
The potential suppliers having the corresponding permission (notification) to installation and construction works and participating in public procurements of the works which are not connected with construction (the running or average repair, restoration, reekspozition of the existing objects, improvement, arrangement) confirm possession material and manpower with the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications.
At the same time, types and subspecies of the corresponding permission (license) for installation and construction works are similar (similar) to subject of the carried-out public procurements.
If subject of public procurements are the works which are not connected with construction (the work which are not connected with the running or average repair, restoration, reekspozitsiy the existing objects, improvement, arrangement), the potential supplier confirms possession material and manpower according to the procedure, determined by these rules.
73. 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 approved according to Item 8 of article 12 of the Law.
74. According to the subitem 4) of Item 1 of article 11 of the Law, in public procurements of works, services the customer makes the decision on need of the requirement from the potential supplier of availability of the material resources sufficient for obligation fulfillment for the agreement registered in the corresponding administrative and territorial unit in borders of area, the cities of republican value and the capital in the place of performance of works, rendering services.
At the same time this requirement is not established in case of implementation of public procurements by tender method with use of rating and mark system.
75. Establishment of qualification requirements regarding possession material and manpower which is not allowed:
1) are limited and unreasonably complicate participation of potential suppliers in public procurements;
2) directly do not follow from need of accomplishment of agreement obligations, the technical specification.
76. If the tender documentation contains the requirement for availability of material resources, that compliance to such requirement is performed by the document confirming the property right or leases of material resources. In case of lease of material resources the electronic copy of the lease agreement in addition is submitted. At the same time, the lease term under agreements constitutes at least timeline for delivery of services, the performance of works established in the tender documentation.
Submission of the electronic copy of the lease agreement of material resources to several potential suppliers at one tender is not allowed.
77. Submission of the electronic copy of the provisional agreement of lease or the agreement of the sublease of material resources is not allowed.
78. If the tender documentation contains the requirement for availability of manpower, that availability of manpower is confirmed by the electronic copy of the document on qualification of the worker, and also by means of the digital signature of the worker or single system of accounting of employment contracts.
In case of availability of the requirement for years of service, the document confirming the worker's years of service is the electronic copy of the statement from the single accumulation pension fund about the listed compulsory pension contributions or data from the State Social Insurance Fund on the made social assignments and one of the documents provided by subitems 1), 2), 3), 4), 5) and 8) of Article 35 of the Labor code of the Republic of Kazakhstan.
At the same time the years of service of the worker are considered over the last ten years.
79. Arrears on salary payment to workers of the potential supplier is determined by the web portal automatically based on data of authorized state body by work.
80. The qualification requirement regarding experience of work of the potential supplier in the market of the purchased works and services, including in similar (similar) types, works, services can be established in the tender documentation taking into account the requirements established by these rules.
81. If subject of public procurement are works and (or) services on accomplishment (rendering) of which availability of the corresponding permission of the first or second category according to the legislation of the Republic of Kazakhstan on permissions and notifications is required, the qualification requirement on experience of work is not imposed.
82. The qualification requirement regarding experience of work is not imposed to the potential suppliers participating in public procurements of goods.
83. The qualification requirement regarding experience of work of the potential supplier is established when implementing public procurements of works on average repair of highways.
84. Qualification requirement regarding experience of work of the potential supplier according to Item 83 of these rules, if necessary are established in the tender documentation according to the following criteria:
1) one year if the allocated amount on implementation of public procurements by method of tender (lot) exceed the twenty-five-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
2) two years if the allocated amount on implementation of public procurements by method of tender (lot) exceed the fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
3) three years if the allocated amount on implementation of public procurements by method of tender (lot) exceed the hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
4) four years if the allocated amount on implementation of public procurements by method of tender (lot) exceed the hundred-fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
5) five years if the allocated amount on implementation of public procurements by method of tender (lot) exceed the two hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year.
85. The price of the bid of the potential supplier of installation and construction works is recognized dumping if it the low price specified in the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan more than for two percent.
86. The price of the bid of the potential supplier of works on average repair of highways is recognized dumping if it the low price specified in the technical documentation which passed the examination according to the legislation of the Republic of Kazakhstan more than for five percent.
87. The price of the bid of the potential supplier of works on running repair of buildings, constructions, highways is recognized dumping if it the low price allocated for tender more than for twenty percent.
88. The price of the bid of the potential supplier of works on development of the feasibility statement, project (project and estimate) documentation and town-planning projects is recognized dumping if it the low price calculated by the customer according to the regulating document on pricing in construction approved by the order of the Chairman of Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan of December 1, 2022 No. 223-nk "Procedure for determination of estimated cost of construction in the Republic of Kazakhstan", more than for ten percent.
89. The price of the bid of the potential supplier (the accredited expert organization) of works on complex non-departmental examination of construction projects of objects is recognized dumping if it is lower than the cost established according to the Rules of cost determination of works on carrying out complex non-departmental examination of construction projects of objects, and also complex town-planning examination of projects of town-planning planning of the territories of different level approved by the order of the acting minister of national economy of the Republic of Kazakhstan of December 21, 2015 No. 780 (it is registered in the Register of state registration of regulatory legal acts at No. 12681).
90. The price of the bid of the potential supplier of rendering engineering services behind installation and construction works (technical and author's supervisions, project management) is recognized dumping if it the low price calculated according to the approved state standard rates, more than for ten percent.
91. The price of the bid of the potential supplier of rendering engineering services in technical supervision of average repair of highways is recognized dumping if it the low price calculated according to the approved state standard rates, more than for ten percent.
92. The price of the bid of the potential supplier of rendering the services provided by the state social order is recognized dumping if it the low price allocated for tender more than for ten percent.
93. The price of the bid of the potential supplier of rendering services in providing with food, is recognized dumping if it the low price allocated for tender more than for ten percent.
94. The price of the bid of the potential supplier of goods, works (except for the works provided in Items 85, of 86, of 87, of 88 and 89 these rules), services (except for the services provided by Items 90, of 91, 92 and 93) of these rules), is recognized dumping if it the low price allocated for tender more than for ten percent.
95. Representation of dumping price on public procurements of goods, works, services, stipulated in Item 94 these rules on condition of introduction by the potential supplier in addition to ensuring agreement performance of the amount in the amount of equal to the reduced amount from the minimum admissible price which is not recognized dumping is allowed.
96. In the cases provided by Items 85, of 86, of 87, of 88, of 89, of 90, of 91, of 92 and 93 these rules dumping prices are not represented.
97. The price proposal of the potential supplier participating in public procurements by method of request of price offers is recognized dumping if it the low price allocated for implementation of public procurements with method of request of price offers more than for ten percent.
98. Representation of dumping price on public procurements of goods, works, services, stipulated in Item 97 these rules on condition of introduction by the potential supplier in addition to ensuring agreement performance of the amount in the amount of equal to the reduced amount from the minimum admissible price which is not recognized dumping is allowed.
99. The price proposal of the potential supplier on goods placed in electronic shop is recognized dumping if it is more than thirty percent lower than the arithmetic-mean price of all price proposals of the potential suppliers who placed information on the specified goods.
The arithmetic-mean price is calculated among price proposals of the potential suppliers who do not have restriction according to article 7 of the Law, and not exceeding the price provided in the annual plan of public procurements.
Such price offer in compliance Item 2 of article 13 of the Law is subject to variation electronic shop automatically.
100. In case of participation in public procurements of temporary associations legal entities (consortium), the legal entities who are members of this consortium in addition to the documents established by these rules for confirmation of the qualification requirements represent the following electronic copies of documents or electronic documents:
1) the agreement on joint economic activity signed between members of legal entities (the konsortsialny agreement);
2) licenses for the right, performance of works, rendering services regarding the activities provided by the agreement on joint economic activity.
In case of participation of consortium in tender calculation of the criteria influencing the competitive price offer is applied to the main member of the consortium determined by the konsortsialny agreement.
At the same time the agreement is signed with the member of consortium to whom the criteria influencing the competitive price offer are applied.
101. All members of consortium need to conform to the qualification requirements provided by subitems 1), 2) and 3) of Item 1 of article 11 of the Law and also not to have restrictions, the stipulated in Article 7 Laws.
102. The consortium is recognized to the conforming qualification requirements, regarding possession corresponding material and manpower, and also possession of legal capacity on implementation of separate types of activity on which occupation receipt of permission, according to the legislation of the Republic of Kazakhstan on permissions and notifications, in case of compliance to the specified requirements of one or several members of consortium is necessary.
At the same time, legal capacity of the main member of consortium on implementation of separate types of activity on which occupation receipt of permission is necessary according to the legislation of the Republic of Kazakhstan on permissions and notifications corresponds to subject of the carried-out public procurements.
103. The consortium is recognized to conforming qualification requirement provided by the subitem 5) of Item 1 of article 11 of the Law, in case of compliance to the specified requirement of the main member of consortium.
104. Tender security on participation in public procurements by method of tender, auction, is brought in the amount of one percent from the amount allocated for purchase of goods, works, services in compliance with the conditions provided by these rules.
In case of implementation of public procurements by method of request of price offers the potential supplier brings tender security on participation in public procurement in the amount of three percent from the amount allocated for purchase of goods, works, services.
In case of implementation of public procurements by tender method on "turnkey" construction the potential supplier brings tender security on participation in public procurement in the amount of three percent from the amount allocated for tender.
In case of participation in tender, auction, request of price offers on several lots the potential supplier represents tender security on participation in tender, auction, request of price offers for each lot separately.
Tender security compliance on participation in tender, auction, request of price offers is determined by the web portal automatically in case of submission of the corresponding application for participation by the potential supplier.
105. The potential supplier chooses one of the following types of tender security on participation in tender, auction, request of price offers:
1) the money which is in e-wallet of the potential supplier;
2) the bank guarantee provided in electronic form. Provision of the bank guarantee is on paper allowed in cases, the stipulated in Article 26 Laws.
Making by the potential supplier of the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet is not allowed.
Use by the single operator of the money which is in e-wallet, except as specified, of the these rules specified in Items 107 and 108 is not allowed.
106. The tender security amount on participation in tender, auction, request of price offers estimated in tiyna is rounded. At the same time the amount less than fifty тиын is rounded to zero, and the amount equal to fifty tiyna above, is rounded to one tenge.
107. Tender security does not return to the participation in tender, auction, request of price offers brought in the form of the electronic bank guarantee the organizer to the potential supplier in case of approach of one of the following cases:
1) the potential supplier determined by the winner of tender, auction, request of price offers evaded from the conclusion of the agreement;
2) the winner of tender, auction, request of price offers having signed the agreement, did not perform or in an inadequate way performed, including out of time performed the requirements established by the tender documentation, the announcement of introduction and (or) terms of introduction of ensuring agreement performance, providing advance payment (if the agreement provides advance payment) and (or) the amounts according to Item 2 of article 13 of the Law.
108. Tender security on the participation in tender, auction, request of price offers brought through e-wallet is blocked by the single operator and does not return to the potential supplier in case of approach of one of the following cases:
1) the potential supplier determined by the winner of tender, auction, request of price offers evaded from the conclusion of the agreement;
2) the winner of tender, auction, request of price offers having signed the agreement, did not perform or in an inadequate way performed, including out of time performed, the requirements established by tender (auction) documentation, the announcement of introduction and (or) terms of introduction of ensuring agreement performance, providing advance payment (if the agreement provides advance payment) and (or) the amounts according to Item 2 of article 13 of the Law.
109. In case of approach of one of the cases provided by Items 107 and 108 of these rules, the tender security amount on participation in tender, auction, request of price offers is enlisted in the income of the relevant budget, the state company, the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, or the legal entities affiliated with them.
110. The single operator within five working days from the date of receipt from the customer of the statement by means of the web portal makes transfer from e-wallet of the potential supplier of the blocked money on tender security for participation in tender, auction, request of price offers into the account specified in the statement of the customer if the potential supplier evaded from the conclusion of the agreement or having signed the agreement did not bring ensuring agreement performance, providing advance payment (if the agreement provides advance payment) and (or) the amounts according to Item 2 of article 13 of the Law.
111. The organizer returns to the potential supplier the tender security brought by him on participation in tender, auction, request of price offers in the form of the electronic bank guarantee, within three working days from the date of approach of one of the following cases:
1) placements of the protocol of opening in response cases this potential supplier of the bid, auction, request of price offers before the expiration of final term of submission of bids, auction, request of price offers;
2) signings of the protocol on results of public procurements by method of tender, auction, request of price offers, taking into account appeal terms, the stipulated in Article 25 Laws. The specified case does not extend to the participant of tender, auction, the request of price offers determined by the winner of tender, auction, request of price offers;
3) signings by the potential supplier of the agreement and introduction of ensuring agreement performance, providing advance payment (if the agreement provides advance payment) by it and (or) the amounts according to Item 2 of article 13 of the Law (in the presence).
112. The single operator within three working days automatically will unblock to the potential supplier the tender security blocked by him on participation in tender, auction, request of price offers in the following cases:
1) response this potential supplier of the bid, auction, request of price offers before the expiration of final term of submission of bids, auction, request of price offers;
2) signings of the protocol on results of public procurements by method of tender, auction, request of price offers, taking into account appeal terms, the stipulated in Article 25 Laws. The specified case does not extend to the participant of tender, auction, the request of price offers determined by the winner of tender, auction, request of price offers;
3) signings by the potential supplier of the agreement and introduction of ensuring agreement performance, providing advance payment (if the agreement provides advance payment) by it and (or) the amounts according to Item 2 of article 13 of the Law (in the presence).
113. Upon the demand of the potential supplier about refund, placed on its e-wallet, the single operator within three working days from receipt date of such requirement returns the specified money concerning which blocking is not performed or blocking is stopped.
114. The organization and carrying out tender, provides accomplishment of the following consecutive stages:
1) determination by the customer of the organizer (the single organizer), except as specified, when the customer and the organizer act in one person and the authorized representative of the customer representing the interests of the last in the forthcoming tender;
2) provision by the customer by means of the web portal to the organizer (the single organizer) of the request (requests) for carrying out centralized public procurements containing information and documents for the organization and carrying out tender;
3) determination and statement of structure of tender committee, structure of commission of experts or expert (if necessary), determination of the secretary of tender committee;
4) approval of the draft of the tender documentation;
5) placement on the web portal of the announcement of tender implementation, and also the text of the draft of the tender documentation;
6) preliminary discussion by means of the web portal of the draft of the tender documentation and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation, and also the text of the tender documentation;
7) submission of bids by potential suppliers in electronic form and their automatic registration on the web portal;
8) automatic opening of requests and placement on the web portal of the relevant protocol of opening;
9) consideration by tender committee by means of the web portal of bids of potential suppliers regarding their compliance to qualification requirements and requirements of the tender documentation, and also lack of restrictions, the stipulated in Article 7 Laws;
10) determination of potential suppliers who conform to qualification requirements and requirements of the tender documentation, and recognition by their participants of tender, and also use of relative values of criteria to competitive price proposals of participants of tender;
11) automatic comparison by the web portal of the conditional prices of participants of tender, determination of the winner of tender including on the basis of the smallest conditional price, and also the potential supplier who took the second place, and placement on the web portal of the protocol on results of public procurements by tender method.
The actions provided by the subitem 6) of this Item are not performed in case of public procurements, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) contain office information of limited distribution.
The actions provided by subitems 3), 8) and 9) of this Item do not extend to public procurements by tender method with use of rating and mark system.
115. Implementation of centralized public procurements is carried out with observance of the following consecutive stages:
1) representation by the customer to the single organizer of the purchasing request for the organization and the carrying out public procurements containing the documents established by paragraph 2 of Chapter 8 of these rules;
2) development by the customer and approval of the tender documentation by the single organizer of the project based on the purchasing request submitted by the customer containing the documents established by paragraph 2 of Chapter 8 of these rules;
3) determination and approval by the single organizer of structure of tender committee and secretary of tender committee.
In case, stipulated in Item 40 these rules the structure of the tender committee determined and approved by the single organizer consists only of authorized representatives of the single organizer;
4) in case of need entering by the customer and (or) single organizer of changes and (or) amendments into the tender documentation;
5) placement by the single organizer on the web portal of the announcement of carrying out public procurements;
6) preliminary discussion by means of the web portal of the draft of the tender documentation and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation, and also the text of the tender documentation;
7) submission of bids by potential suppliers in electronic form and their automatic registration on the web portal;
8) automatic opening of requests and placement on the web portal of the relevant protocol of opening;
9) consideration by tender committee by means of the web portal of bids of potential suppliers regarding their compliance to qualification requirements and requirements of the tender documentation, and also lack of restrictions, the stipulated in Article 7 Laws;
10) determination of potential suppliers who conform to qualification requirements and requirements of the tender documentation, and recognition by their participants of tender, and also use of relative values of criteria to competitive price proposals of participants of tender;
11) automatic comparison by the web portal of the conditional prices of participants of tender, determination of the winner of tender including on the basis of the smallest conditional price, and also the potential supplier who took the second place, and placement on the web portal of the protocol on results of public procurements by tender method.
The actions provided by the subitem 6) of this Item are not performed in case of public procurements, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) contain office information of limited distribution.
The actions provided by subitems 3), 8) and 9) of this Item do not extend to public procurements by tender method with use of rating and mark system.
116. The organization and carrying out public procurements by the single organizer are performed according to requirements imposed to the organizer taking into account the features established by the Law and these rules.
117. The customer provides to the organizer for carrying out tender the request for carrying out public procurements containing data on Item of the annual plan, drafts of the technical specification, the agreement and qualification requirements (in the presence) in the Kazakh and Russian languages, except as specified, when the organizer and the customer act in one person.
118. In case, stipulated in Item 40 these rules, the organization and carrying out tender it is performed by the single organizer based on submission by the customer of the request for carrying out centralized public procurements which is signed by the first head of the customer or person fulfilling its duties, either the chief of staff of the central body or other official, or the head of the budget program, or person fulfilling its duties in the Kazakh and Russian languages performing powers of the chief of staff, and containing data on Item of the annual plan, projects of qualification requirements, the technical specification, agreements which are integral part of the tender documentation and structure of commission of experts or the expert in case of its creation (attraction).
119. When implementing public procurements of the works requiring design estimates availability, the tender documentation in addition to information and documents provided by Items 117 and 118 of these rules shall keep the design estimates and its positive conclusion of complex non-departmental examination approved in the order established by the legislation. At the same time terms of performance of works on such public procurements shall correspond to the terms of performance of works specified in this conclusion of complex non-departmental project appraisal.
120. When implementing public procurements of works on development of project (project and estimate) documentation, the tender documentation, in addition to information and documents provided by Items 117 and 118 of these rules shall contain the design assignment approved according to the legislation and the expert opinion on technical inspection of reliability and stability of buildings and constructions (if necessary).
121. In the tender documentation content of instructions on 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 also other characteristics if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of public procurements is not allowed:
1) for fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software (licensed software);
2) for determination of the service provider on provision of goods in leasing and emergence of need of the detailed description of subject of leasing;
3) for repair and (or) maintenance of the goods which are available for the customer;
4) acquisitions of technical supportive (compensatory) means, cochlear implants, medicines and specialized products of clinical nutrition if they are bought for application concerning patients, having medical indications (individual intolerance, according to vital indications) established by results of the conclusions of medical consultations and the medico-genetic conclusions.
122. For performing procedures of the organization and carrying out tender the organizer, the single organizer on each tender separately approves tender committee and determines the secretary of tender committee.
123. The decision on creation of tender committee and determination of the secretary of tender committee is accepted by the first head of the organizer or person fulfilling its duties, either the chief of staff or other official of the central state body or the head of the budget program, or person fulfilling its duties performing powers of the chief of staff.
124. If as the organizer the customer directly or on behalf of the structural division, (official), the actionee of procedures of the organization and carrying out public procurements acts, the decision on creation of tender committee and determination of the secretary of tender committee is accepted by the first head of the customer or person fulfilling its duties, either the chief of staff of the central state body or other official, or the head of the budget program, or person fulfilling its duties performing powers of the chief of staff.
125. In case of implementation of public procurements by the single organizer, the decision on creation of tender committee and determination of the secretary of tender committee is accepted by the first head or person, the acting as the first head of the single organizer.
126. When implementing public procurements of works the organizer and if as the organizer the customer directly, or on behalf of the structural division (official) acts, the customer if necessary includes in structure of tender committee of representatives of authorized body in the corresponding field of activity in coordination with it, from among his workers registered on the web portal.
127. For development of the technical specification of the purchased goods, works, services, the customer if necessary creates commission of experts or involves the expert.
128. The organizer, if necessary forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers in the technical specification which is integral part of the tender documentation.
Under the organization and carrying out centralized public procurements, the customer if necessary forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers in the technical specification which is integral part of the tender documentation.
129. The expert is not person:
1) interested in results of procedures of public procurements;
2) connected by employment relationships with the customer, the organizer of public procurements, the single organizer of public procurements or their subordinated, affiliated and dependent organizations, or potential suppliers;
3) being the close relative, the spouse (spouse) or the cousin-in-law of the first heads of the customer, the organizer of public procurements, the single organizer of public procurements or their subordinated, affiliated and dependent organizations.
In the absence of the experts conforming to the requirements established by part three of this Item, the organizer of public procurements or the customer attract government employees of the corresponding profile in coordination with the employer as experts, or other specialists whose specialization corresponds to the purchased goods, works, services.
Government employees are involved as the experts on a grant basis, and other specialists are attracted as on paid, and on a grant basis by agreement of the parties.
Experts do not vote in case of acceptance by tender committee of the decision.
The choice of persons involved as the experts on paid basis is performed according to the Law.
130. Members of tender committee are the chairman and other members of tender committee. Members of tender committee consider requests and take part in vote without the replacement right, except for availability of person fulfilling its duties.
The total quantity of members of tender committee, constitutes odd number, but at least three people.
131. In case, stipulated in Item 31 these rules, the chairman of tender committee determines the official not below the deputy first head of the customer.
132. In the cases provided by Items 33, of 35 and 36 these rules, the chairman of tender committee determines the official not below the deputy first head of the organizer or person fulfilling its duties or the chief of staff of the central state body or other official performing powers of the chief of staff or the head of the budget program, or person fulfilling its duties.
133. In the cases provided by Items 32 and 34 of these rules, the chairman of tender committee determines the official not below the deputy first head of the customer or person fulfilling its duties or the chief of staff of the central state body or other official performing powers of the chief of staff or the head of the budget program, or person fulfilling its duties.
134. When implementing centralized public procurements by the chairman of tender committee (the auction commission) the first head of the single organizer or person fulfilling its duties or the deputy first head of the single organizer is determined.
135. In case of absence of the chairman of tender committee the candidate for the chairman of tender committee pereutverzhdatsya. At the same time, the chairman of tender committee determines the official not below the deputy first head, and in case of its absence – the first head.
136. In case of absence of the chairman of the tender committee created by the single organizer, the candidate for the chairman of tender committee pereutverzhdatsya. At the same time, the chairman of tender committee determines the official fulfilling duties of the first head of the single organizer or the deputy first head of the single organizer.
137. Chairman of tender committee:
1) directs activities of tender committee;
2) performs other functions provided by these rules.
138. The tender committee is effective from the date of entry into force of the decision on its creation and stops the activities in day of the conclusion of the agreement.
139. The decision of tender committee is made by vote by means of the web portal and deemed accepted if for it the majority of votes from total quantity of members of tender committee is given. In case of equality of votes the decision for which the chairman of tender committee voted is deemed accepted.
140. In case of disagreement with the solution of tender committee any member of this tender committee has the right to special opinion which is placed on the web portal in the form of the electronic copy of the document.
141. In case of lack of the signature of any member of tender committee, in the relevant protocols of tender committee the secretary of tender committee on the web portal the document or information containing signature absence reason is placed.
142. Organizational activities of tender committee are provided with the secretary of tender committee. The secretary of tender committee is not member of tender committee and has no right to vote in case of acceptance by tender committee of decisions.
143. The secretary of tender committee is determined from among officials of structural division of the organizer responsible for the organization and carrying out public procurements.
In case of absence of the secretary of tender committee, the secretary of tender committee pereutverzhdatsya.
144. In case of implementation of public procurements by the single organizer, the secretary of tender committee is determined from among officials of the single organizer.
145. Secretary of tender committee:
Creates 1) and places the draft of the tender documentation on the web portal;
2) is placed on the web portal by the announcement of carrying out tender, the protocol of preliminary discussion of the draft of the tender documentation, the protocol of opening of bids, the protocol on results of public procurements by tender method, and also other documents on the web portal in case of their availability;
3) is placed on the web portal by the conclusion of commission of experts or expert in case of their availability;
4) performs other functions provided by these rules.
146. Under the organization and carrying out tender the organizer, if necessary forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers, the technical specification which is integral part of the tender documentation.
147. In case, stipulated in Item 40 these rules, the customer if necessary approves commission of experts or the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers, the technical specification which is integral part of the tender documentation.
148. Under the organization and carrying out public procurements by tender method with use of rating and mark system the commission of experts is not created, the expert is not attracted.
149. The decision on creation of commission of experts or on involvement of the expert is accepted by the first head of the organizer, or person fulfilling its duties, either the head of the budget program, or person fulfilling its duties.
150. In case, stipulated in Item 40 these rules, the decision on creation of commission of experts is made by the first head of the customer or person fulfilling its duties, either the head of the budget program, or person fulfilling its duties.
151. Prior to carrying out tender members of tender committee, the secretary of tender committee, and also commission of experts or the expert study the draft of the tender documentation and appendices to it.
152. Members of commission of experts are the chairman, the vice-chairman and other members of commission of experts. During absence of the chairman of its function the vice-chairman carries out. The total quantity of members of commission of experts shall constitute odd number and to be at least three people.
153. Under the organization and carrying out tender the commission of experts or the expert draw the expert opinion regarding compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation and have no right to vote in case of acceptance by tender committee of the decision.
154. The conclusion of commission of experts or expert is surely considered by tender committee only if it is constituted within the requirements provided by the tender documentation. The expert opinion is signed by members of commission of experts or the expert, in case of determination of the expert without creation of commission of experts, and attached to the protocol on results of public procurements on the web portal in the form of the electronic copy of the document certified by the digital signature of the secretary of tender committee.
The documents confirming qualification of the expert are surely put to the expert opinion (the diploma about education, the certificate, the certificate or other document).
155. Determination by commission of experts regarding compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given.
156. In case of equality of votes, accepted is considered the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted.
157. In case of disagreement with the conclusion of commission of experts, any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and accommodates on the web portal.
158. In case of lack of the signature of any member of commission of experts to the corresponding expert opinion the secretary of tender committee on the web portal the document or information containing signature absence reason is placed.
159. The organizer or the single organizer for determination of conditions and procedure for carrying out tender creates on the web portal in the Kazakh and Russian languages the draft of the tender documentation, according to appendix 4 to these rules, and approves it with the customer, except as specified, when:
1) the customer and the organizer act in one person;
2) tender is performed by the single organizer.
160. The draft of the tender documentation developed by the organizer affirms the first head of the customer or person fulfilling its duties, either the chief of staff of the central state body or other official or the head performing powers of the chief of staff budget, programs or person fulfilling its duties.
161. The draft of the tender documentation developed by the single organizer determined according to Item 40 of these rules affirms the first head of the single organizer or person fulfilling its duties.
162. The draft of the tender documentation developed and approved by the single organizer contains drafts of the technical specification, the agreement and qualification requirements (in the presence) which are integral part of the tender documentation and structure of commission of experts or the expert (in the presence).
163. The organizer no later than three working days from the date of approval of the draft of the tender documentation places on the web portal the text of the announcement of implementation of public procurements by tender method, and also the draft of the tender documentation.
164. The term of final date of submission of bids by potential suppliers, constitutes at least five working days from the date of placement of the protocol of preliminary discussion of the draft of the tender documentation and the text of the approved tender documentation.
When implementing public procurements by tender method with use of rating and mark system the term of final date of submission of bids by potential suppliers, constitutes at least three working days from the date of placement of the protocol of preliminary discussion of the draft of the tender documentation and the text of the approved tender documentation.
165. The customer before the expiration of submission of bids by potential suppliers can make changes to the tender documentation on own initiative. In such cases the tender documentation is subject to preliminary discussion according to the procedure, determined by these rules.
166. If preliminary discussion of the draft of the tender documentation is not performed, the term of final date of submission of bids by potential suppliers, according to Item 164 of these rules constitutes at least five working days from the date of placement of the text of the announcement of implementation of public procurements by tender method.
167. In case of implementation of repeated public procurements by tender method the organizer at least in three working days prior to final date of submission of bids places on the web portal the text of the announcement of implementation of repeated public procurements by tender method on condition of invariance of the tender documentation of cancelled tender, except for increases in term of a contract in connection with carrying out repeated public procurements.
168. In case of modification and (or) amendments of the tender documentation public procurements are carried out according to Item 163 of these rules.
169. The compulsory provision of approval of the tender documentation is preliminary discussion of the draft of the tender documentation by potential suppliers, except as specified implementation of public procurements of the data about which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) contain office information of limited distribution.
170. Notes to the draft of the tender documentation, and also inquiries can be sent by potential suppliers by means of the web portal for explanation of provisions of the tender documentation to the customer, the organizer, the single organizer no later than two working days from the date of placement of the announcement of implementation of public procurements.
171. In the absence of notes to the draft of the tender documentation, and also requests on explanation of provisions of the tender documentation within two working days from the date of placement of the announcement of implementation of public procurements, the tender documentation is considered approved.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.