ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 29, 2016 No. 93

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" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 12590, 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:

5) of Item 3 to state the subitem in the following edition:

"5) the single organizer of public procurements (further - the single organizer) - the legal entity determined by the Government of the Republic of Kazakhstan, akimat of area, city of republican value and the capital or akimat of the area, city, area in the city, according to Item 1 of article 8 of the Law, the performing performing procedures of the organization and carrying out public procurements;";

state Item 7 in the following edition:

"7. The customer, according to Item 2 of article 5 of the Law develops and approves the preliminary annual plan of public procurements based on the positive offer of the relevant budget commission on form according to appendix 1 to these rules.";

state Item 13 in the following edition:

"13. Customers, according to item 4 of article 5 of the Law, make changes and (or) additions to the annual plan of public procurements no more once a month.";

the paragraph one of part one of Item 18 to state in the following edition:

"18. The customer to the conclusion of the agreement, according to Item 10 of article 5 of the Law has the right to refuse implementation of public procurements in cases:";

22, of 23, of 24, 25 and 26 to state Items in the following edition:

"22. The customer, according to Item 2 of article 7 of the Law has the right to determine the organizer subordinated public institution of the customer.

23. The customer, according to Item 3 of article 7 of the Law has the right to act as the organizer for several public institutions subordinated to the customer.

24. The customer, according to item 4 of article 7 of the Law has the right for several public institutions subordinated to the customer, to determine among them the organizer.

25. The administrator of the budget program, according to Item 5 of article 7 of the Law has the right to 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 state company or the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, according to Item 5 of article 7 of the Law has the right to act as the organizer for persons, affiliirovanny with it.

26. For performing procedures of the organization and carrying out public procurements by method of tender (auction) the customer, if necessary determines the organizer of public procurements of the single organizer in coordination with it.";

1) of Item 28 to state the subitem in the following edition:

"1) the Government of the Republic of Kazakhstan for customers determines the single organizer.

The organization and carrying out public procurements of goods, works, services are carried out by the single organizer according to the list of budget programs and (or) goods, works, services by the determined authorized body according to the order of the Minister of Finance of the Republic of Kazakhstan of December 21, 2015 No. 669 "About approval of the inventory, works, services on which the organization and carrying out public procurements is performed by the single organizer", registered in the Register of state registration of regulatory legal acts at No. 12556;";

state Item 31 in the following edition:

"31. The potential supplier represents only one price offer containing the data provided by these rules, modification and (or) amendments in which is not allowed.

The response by potential suppliers of the submitted price proposals before the expiration of their representation is allowed. At the same time repeated submission of price offers with the made changes before the expiration of their representation is allowed.";

to state part one of Item 47 in the following edition:

"47. When implementing public procurements of the goods, works, services as method of tender which are not homogeneous, the organizer, the single organizer according to Item 1 of article 20 of the Law has the right to organize and carry out single public procurements by the specified method with obligatory separation of such goods, works, services in the tender documentation on lots.";

state Item 52 in the following edition:

"52. The organization and carrying out public procurements by method of tender is performed by the single organizer based on representation by the customer of the task in the Kazakh and Russian languages containing the following documents:

1) the request of the customer for carrying out tender signed by the first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary with indication of candidates from among customer representatives for inclusion in structure of tender committee;

2) the approved first head of the customer or person fulfilling its duties, either the responsible secretary or performing power of the responsible secretary other official, the technical specification, the draft agreement which is integral part of the tender documentation and structure of commission of experts or the expert in case of its creation (attraction).

When implementing public procurements of the works requiring the design estimates instead of the technical specification the tender documentation shall contain the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.";

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