ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2007 No. 1139

About approval of Rules of purchase of goods, works and services when carrying out transactions in subsurface use

List of amending documents

According to article 5 of the Law of the Republic of Kazakhstan of June 28, 1995 "About oil", article 63-1 of the Law of the Republic of Kazakhstan of January 27, 1996 "About subsoil and subsurface use" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of purchase of goods, works and services when carrying out transactions in subsurface use.

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of June 7, 2002 No. 612 "About approval of Rules of purchase of goods, works and services when carrying out oil operations" (SAPP of the Republic of Kazakhstan, 2002, No. 17, the Art. 180);

2) Item 2 and the subitem 3) Item 5 of the order of the Government of the Republic of Kazakhstan of November 14, 2002 No. 1204 "About measures for strengthening of the state support of domestic manufacturers" (SAPP of the Republic of Kazakhstan, 2002, No. 40, the Art. 408);

3) the order of the Government of the Republic of Kazakhstan of September 19, 2003 No. 955 "About additional measures for strengthening of the state support of domestic producers" (SAPP of the Republic of Kazakhstan, 2003, No. 38, the Art. 387).

3. This resolution becomes effective after ten calendar days from the date of the first official publication.

 

Approved by the order of the Government of the Republic of Kazakhstan of November 28, 2007 No. 1139

Rules of purchase of goods, works and services when carrying out transactions in subsurface use

1. General provisions

1. These rules of purchase of goods, works and services when carrying out transactions in subsurface use (further - Rules) are developed according to the Law of the Republic of Kazakhstan of June 28, 1995 "About oil", the Law of the Republic of Kazakhstan of January 27, 1996 "About subsoil and subsurface use" (further - the Law) and determine procedure for purchase of goods, works and services by subsoil users and their authorized persons when carrying out the transactions on subsurface use provided in the annual program of purchase of goods, works and services and also the subcontractors performing activities within execution of the agreements signed with subsoil users and authorized persons of subsoil users.

2. Action of these rules does not extend to customers:

1) performing purchase of goods, works and services when carrying out transactions in popular minerals;

2) performing purchase of goods, works and services according to the legislation of the Republic of Kazakhstan regulating public procurements;

3) the legal entities having subsurface use rights, fifty and more percent of voting shares (shares) of which directly or indirectly belong to national managing holding.

3. In these rules the concepts and determinations established in the Law and also the following concepts are used:

the customer - the subsoil user or the authorized person of the subsoil user, and also the subcontractor performing purchase of goods, works, services according to these rules;

The register of the goods, works and services used when carrying out transactions on subsurface use - the state information system intended for control and monitoring of purchases of the goods, works and services used when carrying out transactions on subsurface use and also carrying out electronic procurement and forming of the inventory, the works and services used when carrying out transactions on subsurface use;

purchase - acquisition on paid basis of goods, works and services when carrying out transactions in subsurface use, contract commitments, necessary for accomplishment, and for the activities provided in the contract as accompanying, performed according to the procedure and the methods established by these rules;

the tender documentation - the documentation approved by the customer submitted to the potential supplier for preparation of the bid which contains conditions and procedure for holding open tender;

homogeneous goods, works and services - goods, works and services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

the potential supplier - the physical person, the legal entity, temporary consolidation legal entities (consortium) participating in process of purchase of the goods, works and services used when carrying out transactions on subsurface use;

subcontractor - the physical person or legal entity involved by the subsoil user for accomplishment of the separate work types connected with carrying out transactions on subsurface use;

the authorized person of the subsoil user - the physical person or legal entity authorized by the subsoil user to perform purchase of goods, works and services when carrying out transactions in subsurface use;

the conditional price - the price calculated taking into account conditional reduction of price of the bid of the participant of the open tender which is the Kazakhstan producer of the goods which are purchased within the open tender or the Kazakhstan operator and services, of twenty percent and used only in case of assessment and comparison of bids for the purpose of determination of the winner of open tender;

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. The procedure of implementation of purchase of goods, works and services when carrying out transactions in subsurface use is held in the territory of the Republic of Kazakhstan.

5. Language of holding procedures of purchase and documentation on purchase is determined according to requirements of the legislation on languages of the Republic of Kazakhstan.

6. The purchase of goods, works and services is subdivided into parts (lots) by homogeneous types and in the place of delivery of goods, performance of works and rendering services. The supplier of goods, works and services is determined separately by each lot.

7. Purchase of goods, works and services when carrying out transactions in subsurface use, including subcontractors, is performed by one of the following methods:

1) open tender;

2) request of price offers;

3) from one source;

4) through system of electronic procurement;

5) through commodity exchanges.

8. When carrying out purchases the method of open tender to the potential supplier imposes the following qualification requirements:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);

2) to be solvent;

3) not to be subject to insolvency proceeding or liquidation.

Establishment of the qualification requirements which are not provided by this Item is not allowed.

9. Purchase of goods, the works and services used when carrying out transactions on subsurface use is performed on the principles:

1) publicity and transparency of process of purchases;

2) fair competition among potential suppliers;

3) supports of the Kazakhstan producers of goods, works and services.

10. Process of purchase includes:

1) purchase planning;

2) choice of the supplier and conclusion of the contract with it on purchase;

3) agreement performance about purchase.

11. The customer the decision determines the official who on behalf of the customer makes the actions for forming and placement of information provided by these rules in the Register of the goods, works and services used when carrying out transactions on subsurface use.

12. Participation of the potential supplier in the carried-out purchase is not allowed if:

1) close relatives, the spouse (a) or cousins-in-laws of heads of this potential supplier and (or) the authorized representative of this potential supplier have power of decision about the choice of the supplier or are customer representative;

2) the potential supplier and (or) his worker rendered to the customer consulting and (or) other services in preparation of the carried-out purchase, participated in quality of the general designer or subdesigner in development of the feasibility statement and (or) project (project and estimate) documentation on asset construction which is subject of the carried-out purchase, except for participations of developer of the feasibility statement in purchase on development of project (proyektnosmetny) documentation.

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