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

of March 4, 2025 No. 102

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

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of September 26, 2024 No. 646 "About approval of Rules of forming and maintaining registers in the field of public procurements" (it is registered in the Register of state registration of regulatory legal acts at No. 35143) the following changes:

in Rules of forming and maintaining registers in the field of the public procurements approved by the specified order:

state Item 39 in the following edition:

"39. The register of work experience is created by department of authorized body and its territorial subdivisions based on the data and documents confirming work experience, according to appendix 10 to these rules, brought by potential suppliers by means of the web portal.";

state Items 44 and 44-1 in the following edition:

"44. Requests of potential suppliers about entering into the Register of work experience of the data and documents confirming work experience on installation and construction works for the last 10 (ten) years, including for the current year on the objects financed by budgetary funds are considered taking into account the following requirements:

1) reliability of the data and documents confirming work experience of the potential supplier as the prime contractor is determined on the basis of these bodies of treasury. At the same time, in the absence of data and documents in information system of treasury, such data are considered according to requirements, stipulated in Item 45 these rules;

2) reliability of the data and documents confirming work experience of the potential supplier as subcontractor is determined on the basis of the data and documents confirming work experience of the potential supplier having work experience in quality of the prime contractor with the status "Is confirmed" and (or) according to Item 45 of these rules;

3) compliance of the documents confirming work experience of the potential supplier to requirements according to Item 46 of these rules.

44-1. Requests of potential suppliers about entering into the Register of work experience of the data and documents confirming work experience on installation and construction works for the last 10 (ten) years, including for the current year on objects where customers are subjects of the quasi-public sector, are considered taking into account the following conditions:

1) the data and documents confirming work experience of the potential supplier as the prime contractor prove to be true:

the customer (in case of reorganization – the customer's legal successor);

the body exercising the state architectural construction supervision.

Confirmation is performed by the above-stated bodies and persons based on addresses of the potential suppliers provided by means of the web portal with use of the digital signature;

2) reliability of the data and documents confirming work experience of the potential supplier as subcontractor is determined on the basis of data and confirming work experience in quality of the prime contractor with the status "Is confirmed" or prove to be true:

the customer (in case of reorganization – the customer's legal successor);

the body exercising the state architectural construction supervision.

Confirmation is performed by the above-stated bodies and persons on the basis the address of the potential suppliers provided by means of the web portal with use of the digital signature;

3) compliance of the documents confirming work experience of the potential supplier to requirements according to Item 46 of these rules.";

appendix 6 to the specified Rules to be reworded as follows according to appendix 1 to this order.

2. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of October 9, 2024 No. 687 "About approval of Rules of implementation of public procurements" (it is registered in the Register of state registration of regulatory legal acts at No. 35238) the following changes and amendment:

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

add with Item 67-1 of the following content:

"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.";

state Item 71 in the following edition:

"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.";

state Item 84 in the following edition:

"84. Qualification requirement regarding experience of work of the potential supplier in the market of the purchased works, including on similar (similar) work types taking into account requirements of Item 81 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.";

state Item 93 in the following edition:

"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.";

state Item 181 in the following edition:

"181. In case of decision making about modification and (or) amendments in drafts of the technical specification, the agreement and qualification requirements (in the presence) which are integral part of the tender documentation, the customer sends the approved decision to the single organizer no later than two working days from the date of the expiration of preliminary discussion of the draft of the tender documentation.";

change in Kazakh is made to Item 201, the text in Russian does not change;

change in Kazakh is made to Item 208, the text in Russian does not change;

state Item 251 in the following edition:

"251. The web portal appropriates conditional discount in the amount of one percent (1%) for every year of availability at the potential supplier of work experience of the purchased services in technical supervision of installation and construction works, but no more than five percent.

The documents confirming work experience of engineering services in technical supervision of installation and construction works are the electronic copies of documents entered in the register of work experience according to Rules of forming and maintaining registers in the field of public procurements.

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