ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 3, 2016 No. 521

About modification and amendments in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements"

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 12590, it is published in information system of law of Ad_let on December 31, 2015) the following changes and amendments:

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

state Item 60 in the following edition:

"60. In the cases provided by Items 22, of 24 and 25 these rules, the chairman of tender committee determines the official not below the deputy first head of the organizer.

In case, stipulated in Item 21 and 23 these rules, the chairman of tender committee determines the official not below the deputy first head of the customer.

In case, stipulated in Item 26 these rules, the chairman of tender committee determines the official not below the first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.";

exclude Item 102;

1) of Item 150 to state the subitem in the following edition:

"1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

non-presentation of electronic copies of permissions (notifications) or permissions (notifications) in the form of the electronic document got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in information systems of state bodies. In case of lack of data in information systems of state bodies the potential supplier represents notarially attested copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications;

non-presentation of electronic copies or in the form of the electronic document of patents, certificates, certificates, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, performance of works, rendering services;

availability of tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments in the amount of one tenge and more (except as specified when the payment due date is delayed according to the legislation of the Republic of Kazakhstan), determined by the web portal automatically based on data of bodies of state revenues;

non-presentation of data on qualification according to appendices 5, 6 and 7 to the tender documentation;

discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment under the agreement, specified in the tender documentation. Material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of the tender documentation.

If instead of the technical specification the tender documentation contains the design estimates approved in accordance with the established procedure, necessary material and manpower is specified in the appropriate section of the design estimates (the project of the organization of construction) containing the need for main types of construction machines, mechanisms, vehicles and manpower.

In case of absence in the design estimates of appropriate section (the project of the organization of the construction) containing the need for main types of construction machines, mechanisms, vehicles and manpower based on the design estimates the list of main types of construction machines, mechanisms, vehicles and manpower reflecting such requirement is developed and approved with the designer;

established fact of representation of unreliable information on qualification requirements;

is subject to insolvency proceeding or liquidation;";

state Items 154 and 155 in the following edition:

"154. The tender committee appropriates conditional discount in the amount of zero whole five tenth percent (% 0,5) for every year of availability at the potential supplier of work experience in the market of the purchased goods, services, but no more than five percent. Total percentage influence on the conditional price of the bid of this criterion does not exceed five percent.

Percentage influence on the conditional price for experience of work in the market of the purchased goods and services is determined according to appendices 6 and 7 to the tender documentation.

155. The tender committee appropriates conditional discount in the amount of one percent (1%) for every year of availability at the potential supplier of work experience in the market of the purchased works, including on similar (similar) work types which are tender subject, but no more than ten percent.

If within one year the potential supplier performs the works which are purchased at tender including on similar (similar) work types, more than on one construction object, the tender committee appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent construction object.

If subject of tender are the works which are not connected with construction, the tender committee appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent performed work similar (similar) to types of the purchased works.

Total percentage influence on the conditional price of the bid of this criterion does not exceed ten percent.

Percentage influence on the conditional price for experience of work is determined according to appendix 5 to the tender documentation.";

add with Item 175-1 of the following content:

"175-1. The price of the bid of the potential supplier of works on complex non-departmental examination of construction projects of objects cannot be 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).";

7) of Item 188 to state the subitem in the following edition:

"7) receipt of the tender documentation by potential suppliers on the web portal;";

add with Item 222-1 of the following content:

"222-1. The tender documentation on public procurements of the services provided by the state social order is created in the Kazakh and Russian languages according to appendix 8-1 to these rules.";

state Item 235 in the following edition:

"235. By consideration of bids on public procurements of services of the state social order tender committee:

1) determines potential suppliers who conform to requirements of the tender documentation, and recognizes them as participants of tender;

2) calculates points for assessment of the technical specifications provided by potential suppliers, stipulated in Item 233 these rules;

Applies 3) to competitive price proposals of the potential suppliers allowed to participation in tender conditional reduction of the prices depending on the number of the points appropriated by tender committee for assessment of technical specifications, stipulated in Item 233 these rules;

4) is drawn up by the Protocol on results (number of purchase according to the state social order) public procurements of the services provided by the state social order according to appendix 8-2 to these rules.";

add with Item 244-1 of the following content:

"244-1. The draft agreement about public procurements of the services provided by the state social order is constituted according to the standard agreement about public procurements of the services provided by the state social order according to appendix 8-3 to these rules.";

exclude Item 247;

state Item 248 in the following edition:

"248. In case of adoption of the decision by the customer according to the subitem 3) of Item 246 of these rules, public procurements by method from one source are conducted according to the procedure, stipulated in Item 3 articles 29 of the Law.";

exclude Item 300;

third the subitem 2) of Item 339 to state the paragraph in the following edition:

"the name and number of auction for participation in which bid bond in the form of the bank guarantee is brought;";

state Item 340 in the following edition:

"340. The amount of bid bond 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.";

in the subitem 1) Item 344:

the fourth and fifth to exclude paragraphs;

to state the paragraph of the sixth in the following edition:

"availability of tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments in the amount of one tenge and more (except as specified when the payment due date is delayed according to the legislation of the Republic of Kazakhstan), determined by the web portal automatically;";

to exclude the paragraph of the seventh;

the ninth to state the paragraph in the following edition:

"discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment under the agreement, specified in auction documentation. At the same time material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of auction documentation;";

state Item 360 in the following edition:

"360. The organization and carrying out public procurements by method from one source on cancelled public procurements provide accomplishment of the following consecutive events on the web portal:

1) decision making by the customer about carrying out public procurements by method from one source with reasons for application of this method of public procurements;

2) determination by the customer of the organizer for the organization and carrying out public procurements by method from one source;

3) the direction the organizer to the potential supplier by means of the web portal of the invitation about participation in public procurements by method from one source in form according to appendix 15 to these rules;

4) in the cases provided by the subitem 1) of Item 3 of Article 29, the subitem 1) of Item 3 of Article 36 and the subitem 2) of Item 2 of article 39 of the Law, the potential supplier is determined by rules of Items 378-1, 378-2, 378-3 and 378-4 of these rules;

5) the direction the potential supplier to the organizer by means of the web portal of the contribution agreement in public procurements from one source by means of the web portal of the public procurements according to appendix 16 to these rules with application of documents provided in the invitation;

6) consideration by the organizer by means of the web portal of the documents submitted by the potential supplier confirming compliance of the potential supplier to qualification requirements, except as specified, when public procurements by method from one source are conducted following the results of cancelled public procurements by method of request of price offers, reasons for the price offered them on participation in public procurements by method from one source;

7) placement on the web portal of the protocol on results of public procurements by method from one source;

8) the conclusion the customer of the contract with the potential supplier based on the protocol on results of public procurements by method from one source;

9) placement on the web portal of the report on results of carrying out public procurements by method from one source / from one source by the direct conclusion of the agreement on public procurements in the cases provided by the subitem 1) of Item 3 of Article 29, of the subitem 1) of Item 3 of Article 36, of the subitem 2) of Item 2 of article 39 of the Law (in the cases provided by Items 8 and 10 of article 38 of the Law) in form according to appendix 17 to these rules.

Requirements of subitems 1), 2), 5), 6) and 9) of part one of this Item do not extend to public procurements by method from one source in cases, stipulated in Item the 7th article 38 of the Law.";

state Item 373 in the following edition:

"373. If when implementing public procurements the method of request of price offers, during fixed term provides only one price proposal of the potential supplier, the web portal automatically in day of placement of the protocol of results sends the invitation to the potential supplier who submitted this price proposal. At the same time the price of the agreement shall not exceed the price proposal of the potential supplier.";

add with Items 378-1, 378-2, 378-3 and 378-4 of the following content:

"378-1. When implementing of public procurements, conducted based on subitems 6), 7), 15), 28), 50), 51), 53) and 54) Item 3 of article 39 of the Law, the customer for determination of the potential supplier sends inquiries for provision of commercial offers to at least three potential suppliers performing the activities in the market of the purchased goods, works, services, including in similar (similar) goods, works, the services determined by analysis results of the market of the purchased goods, works, services by studying of the public sources of information containing in advertizing, catalogs, descriptions of goods, works, services and in other offers turned to the uncertain group of people, including recognized by public offers according to the Civil legislation of the Republic of Kazakhstan.

378-2. The inquiry for provision of commercial offers sent to the potential supplier is drawn up in form according to appendix 18-1 to these rules.

378-3. Commercial offers of potential suppliers can be presented in the form of price lists with the description of characteristics of the delivered goods (the performed works, the rendered services) and other supporting documents.

378-4. On the basis of the provided commercial offers of potential suppliers the customer with respect for the principle of the implementation of public procurements provided by the subitem 1) of article 4 of the Law determines the potential supplier for implementation of public procurements by method from one source by the direct conclusion of the agreement.";

state Items 405 and 406 in the following edition:

"405. The customer returns the brought ensuring agreement performance, and also the providing amount in case of acceptance of anti-dumping measures (in the presence) to the supplier within five working days from the date of complete and proper execution by the supplier of the agreement obligations.

406. In case of improper execution by the supplier of undertaken obligations under the agreement, the customer returns the brought ensuring agreement performance, and also the providing amount in case of acceptance of anti-dumping measures (in the presence) within five working days from the date of factual determination of payment of penalty 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 legal entities, affiliirovanny with them.";

state Item 426 in the following edition:

"426. Agreement performance about public procurements by delivery of goods is performed in the following sequence:

1) the goods delivery in goods destination with provision of the original of delivery note;

2) execution of the delivery-acceptance certificate of goods by the supplier by means of the web portal with attachment of the electronic waybill copy, the confirming goods delivery fact;

3) goods acceptance by the customer.

4) execution of the electronic invoice which is written out by means of information system of electronic invoices, according to the order of the Minister of Finance of the Republic of Kazakhstan of February 9, 2015 No. 77 "About approval of Rules of document flow of the invoices which are written out electronically", registered in the Register of state registration of regulatory legal acts at No. 10423 (further - Rules of document flow of the invoices which are written out electronically);

5) payment by the customer for the delivered goods.";

appendix 2 to Rules, the Price proposal of the potential supplier to add with disaggregation of abbreviations of the following content:

"Disaggregation of abbreviations:

BIN - business and identification number;

IIN - individual identification number;

INN - identification taxpayer number;

UNP - accounting number of the payer.";

appendix 3 to Rules, the Protocol on results of public procurements by method of request of price offers to state in edition according to appendix 1 to this Order;

in appendix 4 to Rules, Tender documentation:

in the subitem 1) Item 16:

the third and fourth to exclude paragraphs;

in Item 38:

third the subitem 2) to state the paragraph in the following edition:

"the name and number of tender for participation in which tender security on participation in tender in the form of the bank guarantee is brought;";

third of the subitem 3) to state part in the following edition:

"The tender security amount on participation in tender 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.";

state Item 44 in the following edition:

"44. The tender committee appropriates conditional discount in the amount of zero whole five tenth percent (% 0,5) for every year of availability at the potential supplier of work experience in the market of the purchased goods, services, but no more than five percent.

Total percentage influence on the conditional price of the bid of this criterion does not exceed five percent.

Percentage influence on the conditional price for experience of work of goods and services is determined according to appendices 6 and 7 to the tender documentation.

The tender committee appropriates conditional discount in the amount of one percent (1%) for every year of availability at the potential supplier of work experience in the market of the purchased works, including on similar (similar) work types which are tender subject, but no more than ten percent.

If within one year the potential supplier performs the works which are purchased at tender including on similar (similar) work types, more than on one construction object, the tender committee appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent construction object.

If subject of tender is the works which are not connected with construction, the tender committee appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent performed work similar (similar) to types to the purchased works.

Total percentage influence on the conditional price of the bid of this criterion does not exceed ten percent.

Percentage influence on the conditional price for experience of work is determined according to appendices 5 to the tender documentation.";

add with disaggregation of abbreviations of the following content:

"Disaggregation of abbreviations:

BIN - business and identification number;

IIN - individual identification number.";

in appendix 5 to the Tender documentation, Data on qualification (it is filled with the potential supplier when purchasing works):

state Item 2 in the following edition:

"2. Amount of the works performed by the potential supplier within the last ten years similar (similar) purchased at tender, with appendix of electronic copies of supporting documents * (it is filled in case of availability).";

state Item 3 in the following edition:

"3. The potential supplier specifies data on availability of the construction machines, mechanisms and vehicles provided by the tender documentation or the similar (additional) construction machines, mechanisms and vehicles necessary for performance of works with appendix of electronic copies of supporting documents **.

"

№

Name of construction machines, mechanisms and vehicles

Quantity of the available units

Condition (new, good, bad)

Own (to attach the documents confirming the property right), leased (at whom and to attach the documents confirming the property right of the lessor)

Name, date and number of the supporting document

";

state the note in the following edition:

"Note:

* if experience of work is not qualification requirement in this tender, lack of electronic copies of supporting documents influences the corresponding conditional discount;

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