ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2014 No. 521

About modification and amendments in the order of the Government of the Republic of Kazakhstan of December 27, 2007 No. 1301 "About approval of Rules of implementation of public procurements"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of December 27, 2007 No. 1301 "About approval of Rules of implementation of public procurements" (SAPP of the Republic of Kazakhstan, 2007, No. 49, the Art. 600) the following changes and amendments:

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

state Items 7 and 7-1 in the following edition:

"7. The decision on implementation of public procurements is made by the customer only based on the approved or specified annual plan of the public procurements, except as specified, provided by Items 10-1 and 11 of these rules.

7-1. The customer develops and approves the annual plan of public procurements based on the relevant budget (the business plan, the profit and loss budget) in form, according to appendix 2 to these rules.

The customer develops and approves the separate annual plan of public procurements of goods, works, services, data on which constitute the state secrets and data containing office information of limited distribution, determined by the Government of the Republic of Kazakhstan.

The annual plan of public procurements affirms the customer within ten working days from the date of approval of the relevant budget (the business plan, the profit and loss budget) and shall contain the following data:

1) the nomenclature of goods, works, services according to the reference book of goods, works, services, including the amounts allocated for implementation of public procurements for the three-year period by years, excluding tax for value added. In case of lack of the amounts approved by the relevant budget, the forecast amounts are specified;

2) method, except as specified, stipulated in Article 4 Laws, and terms of implementation of public procurements;

3) the planned terms and the place of delivery of goods, performance of works, rendering services;

4) the planned 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 37 Laws.

The data on public procurements specified in subitems 1), 2), 3) and 4) of this Item in the cases provided by subitem 2-1) of part two of Item 2 of Article 79 of the Budget code of the Republic of Kazakhstan affirm the customer as the annual plan of public procurements. The annual plan of public procurements affirms the customer within ten working days from the date of execution of Item 7 of Article 153 of the Budget code of the Republic of Kazakhstan.

Are not subject to inclusion in the annual plan of the public procurements of the data on public procurements conducted according to subitems 3), 28) and 33-1) Items 1 of article 4 of the Law.";

add with Item 10-1 of the following content:

"10-1. Purchase of goods, the works, services which are not provided by the approved annual plan of public procurements (specified by the annual plan of public procurements), except for purchases of goods, works, services according to subitems 3), 28) and 33-1) Items 1 of article 4 of the Law is not allowed.";

third of Item 13 to exclude part;

subitems 1), of Item 16 to exclude 2) and 5);

state Item 17 in the following edition:

"17. In cases of determination of the organizer, according to Item 15 of these rules or the single organizer of public procurements, determined by subitems 3) and 4) Item 16 of these rules (further - the single organizer), customers represent to the organizer or the single organizer, public procurements to the time established by it information necessary for the organization and carrying out tender, including:

1) the statement from the annual plan of public procurements on the purchased goods, works, services;

2) the list and the technical specification of the purchased goods, works, services, signed and polistno the initialed head of the customer or person fulfilling its duties;

3) candidates for inclusion in structure of the competitive and expert commissions (expert);

4) the information about authorized representatives of the customer for participation in procedures for carrying out public procurements;

5) the design estimates on asset construction when purchasing construction works;

6) the draft agreement about public procurements with indication of essential conditions.";

add with Items 17-1 and 17-2 of the following content:

"17-1. In case of implementation of public procurements using special procedure by tender method using the closed procedures, the customer (customers) to the organizer / to the single organizer of public procurements represents the list of potential suppliers approved by the first head of the customer or person fulfilling its duties.

17-2. In case of change of information provided in Items 17 and 17-1 of these rules, the customer (customers) shall notify without delay on it the organizer / the single organizer of public procurements.

Following the results of the competition held by the organizer / the single organizer, the customer (customers) sign the agreement on public procurements of goods, works, services with winners.";

state Item 18 in the following edition:

"18. 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 shall submit the following documents:

1) notarially attested agreement of joint liability signed between members of legal entities (consortium);

2) notarially attested copies of the corresponding licenses or the license in the form of the paper copy of the electronic document for the right of provision of goods, performance of works, rendering services regarding the activities provided by the agreement on joint economic activity.

In case of participation in tender of consortium, calculation of the criteria influencing the competitive price offer is applied to consortium from the moment of the conclusion of the agreement on joint economic activity in which legal entities combine these or those resources and coordinate efforts for the solution of specific economic objectives.";

20, 21 to state Items in the following edition:

"20. The customer has the right to refuse implementation of public procurements in cases, stipulated in Item the 10th article 5 of the Law.

In that case, the customer or the organizer of public procurements within five working days from the date of adoption by the customer of the decision on refusal of implementation of public procurements shall:

1) to inform on the made decision of persons participating in the carried-out public procurements;

2) to return the brought providing bids and (or) ensuring agreement performance about public procurements.

21. The organizer of public procurements, except for the case of purchases specified in Item 256 of these rules by method of tender develops the tender documentation for determination of conditions and procedure for carrying out public procurements in the Kazakh and Russian languages, based on the tender documentation according to appendix 3 to these rules taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets, and approves it with the customer.";

in Item 22:

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