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Approved
by the resolution of the Akimat
Almaty region
from "____" _________ 2023 year
№ ____________
Regulations
on the state institution
"Public Procurement Department of the Almaty region"
Chapter 1. General provisions
1. The state institution "Department of Public Procurement of the Almaty region" (hereinafter – the Department) is a state body of the Republic of Kazakhstan, which carries out management in the field of public procurement in accordance with the legislation of the Republic of Kazakhstan on the territory of the Almaty region.
2. The Department has no departments.
3. The Department carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, as well as this Regulation.
4. The Department is a legal entity in the organizational and legal form of a state institution, has a seal with the image
The State Emblem of the Republic of Kazakhstan and stamps with its name in the state language, letterheads of the established sample, accounts with treasury bodies in accordance with the legislation of the Republic of Kazakhstan.
5. The Management enters into civil law relations on its own behalf.
6. The Department has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.
7. The Department on issues of its competence, in accordance with the procedure established by law, makes decisions drawn up by orders of the head of the Department and other acts provided for by the legislation of the Republic of Kazakhstan.
8. The structure and the limit of the staff of the Department are approved in accordance with the legislation of the Republic of Kazakhstan.
9. Location of the legal entity: index 040800, Republic of Kazakhstan, Almaty region, Konaev city, Industrialnaya Street, 16/4.
10. This regulation is the constituent document of the Management.
11. Financing of the activities of the Department is carried out from local budgets in accordance with the legislation of the Republic of Kazakhstan.
12. The Management is prohibited from entering into contractual relations with business entities for the performance of duties that are the authority of the Management.
If the Management of legislative acts is granted the right to carry out income-generating activities, then the income received is sent to the state budget, unless otherwise established by the legislation of the Republic of Kazakhstan.
Chapter 2. Tasks and powers of the state body
13. Tasks:
1) implementation of the state policy in the field of public procurement;
2) ensuring the organization and conduct of centralized public procurement in accordance with the legislation of the Republic of Kazakhstan on public procurement;
3) ensuring that potential suppliers are provided with equal opportunities to participate in public procurement procedures in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
4) ensuring optimal and efficient spending of money used for public procurement;
5) ensuring fair competition among potential suppliers, preventing collusion between procurement participants;
6) compliance with the openness and transparency of the public procurement process, including compliance with the legitimate rights of suppliers to trade secrets (before summarizing the results of public procurement).
14. Powers:
1) rights:
1.1) to submit proposals on the main activities of the Department for consideration by the Akimat and akim of the region;
1.2.) submit proposals to higher authorities on improving regulatory legal acts regulating relations in the field of public procurement;
1.3) request and receive from government agencies, other organizations, as well as officials, citizens documents and information necessary to perform the tasks and functions assigned to the Department;
1.4) to make decisions and issue orders within their competence;
1.5) coordinate the activities of customers (administrators of budget programs) on public procurement issues;
1.6) within its competence, make proposals for the creation, reorganization and liquidation of the Management;
1.7) to develop draft regulatory legal acts of the akim, akimat of the region, which are within the competence of the Department;
1.8) involve specialists of other executive bodies financed from local budgets in coordination with their heads in the work;
1.9) represent the interests of the Department in all competent, state, administrative bodies, institutions, organizations, as well as judicial and law enforcement agencies;
1.10) exercise other rights provided for by the legislation of the Republic of Kazakhstan.
2) responsibilities:
2.1) comply with the norms of the current legislation of the Republic of Kazakhstan;
2.2) ensure the observance and protection of the rights, freedoms and legitimate interests of citizens and legal entities, consider, in accordance with the procedure and within the time limits established by law, the appeals of individuals and legal entities, take the necessary measures on them;
2.3) ensure compliance with anti-corruption principles;
2.4) ensure high-quality and timely execution of acts and instructions of the President, the Government of the Republic of Kazakhstan and other central executive bodies, as well as akim and akimat of the region;
2.5) perform other duties provided for by the legislation of the Republic of Kazakhstan.
15. Functions:
1) the organization and conduct of centralized public procurement as a single organizer of public procurement in the region in accordance with the legislation of the Republic of Kazakhstan in the field of public procurement and other regulatory legal acts of the Republic of Kazakhstan;
2) development and approval by the unified organizer of public procurement of the region of the draft tender (auction) documentation on the basis of a task submitted by the customer containing documents established by the Rules of Public procurement;
3) determination and approval by the unified organizer of public procurement of the region of the composition of the tender (auction) commission;
4) if necessary, the introduction by the unified organizer of public procurement of the region of changes and (or) additions to the tender (auction) documentation of the announcement;
5) placement by the unified organizer of public procurement of the region on the public procurement web portal of an announcement on public procurement;
6) providing explanations of the provisions of the tender (auction) documentation;
7) sending requests and comments to customers from persons who are automatically registered on the public procurement web portal, who have received the tender documentation for the draft public procurement contract and (or) the technical specification of the tender documentation;
8) determining the winner of public procurement by means of a competition;
9) in cases provided for by the legislation of the Republic of Kazakhstan in the field of public procurement, to re-conduct public procurement procedures, to determine the winner;
10) in cases provided for by the legislation of the Republic of Kazakhstan, ensuring that the relevant budget is credited to the income or the return of the application for participation in electronic public procurement to a potential supplier by means of a tender;
11) the collection, synthesis and analysis, monitoring of information on planned and conducted public procurement of the region through the web portal of public procurement;
12) conducting an analysis of the share of local content in public procurement of state institutions and enterprises of the region through the public procurement web portal;
13) sending proposals on public procurement issues to the central executive bodies for consideration within the competence of the Department;
14) organization of office management, registration of incoming and outgoing correspondence;
15) timely and high-quality consideration of appeals from individuals and legal entities;
16) conducting an analysis of appeals and identifying systemic problems raised by applicants;
17) ensuring the reception of citizens;
18) organization of accounting Management;
19) provision of information to central and local executive bodies within the competence of the Department;
20) performing other functions provided for by the legislation of the Republic of Kazakhstan.
Chapter 3. Status and powers of the first head
of the state body
16. The management of the Department is carried out by the first head, who is personally responsible for the fulfillment of the tasks, functions assigned to the Department and the exercise of his powers.
17. The first head of the Department is appointed and dismissed by the Akim of the Almaty region in accordance with the current legislation of the Republic of Kazakhstan.
18. The first head of the Department has a deputy(s), who is appointed to the position and dismissed from the position in accordance with the legislation of the Republic of Kazakhstan.
19. Powers of the first head of the Department:
1) organizes and directs the activities of the Department;
2) acts without a power of attorney on behalf of the Management, has the right of first signature;
3) organizes, coordinates and controls the work of the Public Procurement Department, conducted as a single organizer of public procurement in the region;
4) approves the staffing table of the Department, the regulations on departments, job descriptions of employees, determines the duties and powers of his (their) deputy(s), heads of structural divisions and other employees of the Department in accordance with current legislation;
4) appoints and dismisses employees of the Department in accordance with the legislation of the Republic of Kazakhstan;