On approval of the Rules of use of the web portal of public procurement and the Rules of operation of the web portal of public procurement in the event of technical failures of the web portal of public procurement
Order of the Minister of Finance of the Republic of Kazakhstandated December 28, 2015 No. 692. Registered with the Ministry of justice of the Republic of Kazakhstan on December 30, 2015 No. 12671.
In accordance with sub-clauses 3) and 4) of article 16 of the Law of the Republic of Kazakhstan dated December 4, 2015 "on public procurement" ORDER:
1) Rules for using the public procurement web portal;
2) Rules of operation of the web portal of public procurement in the event of technical failures of the web portal of public procurement.
1) the order of the Deputy Prime Minister of Finance of the Republic of Kazakhstan from March 27, 2014 № 133 "On approval of Rules of use of the web portal of public procurement Rules web portal of government's procurement in case of technical failures of the web portal of public procurement" (registered with the state Register of regulatory legal acts under No. 9369, published in the legal information system "Adilet" on may 27, 2014 year);
2) order of the Minister of Finance of the Republic of Kazakhstan from October 15, 2015 № 522 "On amendments to the order of the Deputy Prime Minister of Finance of the Republic of Kazakhstan from March 27, 2014 № 133 "On approval of Rules of use of the webportal of public procurement and Rules of operation of the web portal of public procurement in case of technical failures of the web portal of public procurement" (registered in the state Register of normative legal acts ond No. 12287, published in the legal information system "Adilet" of 30 November 2015).
1) state registration of this order in the Ministry of justice of the Republic of Kazakhstan;
2) within ten calendar days after the state registration of this order its direction on official publication in percarry publications and legal information system "Adilet", as well as the Republican state enterprise on right of economic management "Republican center of legal information of the Ministry of justice of the Republic of Kazakhstan" hostedby the UW in Reference control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan.
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Minister of Finance |
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Of The Republic Of Kazakhstan |
B. Sultanov |
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Approved |
Rules
for using the public procurement web portal
Chapter1. General provisions
A footnote. Title ofChapter 1 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
1) information service – a service for providing users with information resources;
2) participant of the web portal (hereinafter – participant) – a customer, organizer of public procurement, a single organizer of public procurement, a potential supplier registered on the web portal of public procurement;
3) web portal user (hereinafter – user) – an official of the participant or a representative of participant a;
4) force majeure – natural disasters or other circumstances that cannot be foreseen or prevented, resulting in the suspension of operation or improper performance of the web portal or the system as a whole;
5) interactive service – a service for providing electronic information resources to users at their request or by agreement of the parties, requiring mutual exchange of information;
6) a trusted third party of the Republic of Kazakhstan (hereinafter – RK DTS) – state technical service, carrying out authentication of foreign electronic digital signature e-digital signature (means of cryptographic protection of information, implementing the processes of formation and pchecks shall digital signature);
7) electronic copy of the document – the document completely reproducing the type and information (data) a genuine document in electronic digital form, certified by the electronic digital signature of the applicant or person, onbudushego authority on the identity of this document, or the authorized employee of the center service population, on the basis of written consent of the recipient of state services, given at the time of his personal presence;
8) web portal of publicprocurement – an information system of a public authority that provides a single point of access to electronic public procurement services;
9) registration on the web portal of public procurement (hereinafter referred to as registration) - admission of the subject of the public procurement system, its officials and interested persons to participate in the web portal;
10) subjects of the public procurement system – individuals and legal entities engaged in activities in the field of public procurement;
11) technical and maintenance – complex of measures for the maintenance of computer hardware and telecommunications equipment in working state, including prophylaxis to prevent waiver of thosenicks and (or) equipment and their premature wear, Troubleshooting, replacement parts and units, the installation and configuration of hardware, software, accessories, components and circuit boards to increase the capacity of the equipment and provided tothe UW help Desk;
12) owner of the electronic state information system (hereinafter referred to as "owner") - a subject exercising the rights of ownership, use and disposal of the specified objects within the limits and in the manner determined by their owner;
13) AIIS egz (hereinafter referred to as the System) – automated integrated information system " Electronic government procurement";
14) electronic document – a document in which information is presented in electronic-digital form and certified by means of an electronic digital signature;
15) electronic public procurement (hereinafter referred to as "procurement") – public procurement carried out using information systems and electronic information resources;
16) single operator in the sphere of public procurement (hereinafter – operator) – a legal entity defined by the authorized body in the field of public procurement, the sole owner of shares (participation shares in the authorized capital) of which is the state;
17) authorized body in the field of public procurement (hereinafter referred to as authorized body) – a state body that provides guidance in the field of public procurement;
18) electronic digital signature – a set of electronic digital characters created by means of an electronic digital signature and confirming the authenticity of an electronic document, its belonging and unchangeability of content;
19) public key of an electronic digital signature - a sequence of electronic digital characters accessible to any person and intended to confirm the authenticity of an electronic digital signature in an electronic document;
20) private key of an electronic digital signature - a sequence of electronic digital characters known to the owner of the registration certificate and intended for creating an electronic digital signature using electronic digital signature tools.
Other concepts and terms not specified in these Rules are used in the meanings determined in accordance with the legislation of the Republic of Kazakhstan.
Chapter 2. Procedure for using the public procurement web portal
A footnote. Title ofChapter 2 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force upon the expiration often calendar days after the date of its first official publication).
A footnote. Item5 - редакцииas amended by the order First Deputy Prime Ministerаof the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
1) install the necessary hardware and software for the possibility of using certificates (public and private keys) of electronic digital signature;
2) receive certificates (public and private keys) of electronic digital signature in accordance with the established procedure at the National certification center of the Republic of Kazakhstan, or at the certification centers of the member States of the Eurasian economic Union;
3) undergo re-registration procedures on the web portal.
8.If the size of files or archives uploaded to the system exceeds 20 megabytes, they must be uploaded to the system in parts, the size of each of which must not exceed 20 megabytes.
about the new features of the web portal for informing users of the web portal;
information about regulated technical and preventive works performed by the operator, and announcements of technical failures on the web portal with planned deadlines for their elimination.
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Approved |
Rules of operation of the web portal of public procurement in the event of
technical failures of the web portal of
public procurement
Chapter1. General provisions
A footnote. Title ofChapter 1 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
1) unauthorized impact on information – impact on protected information in violation of established rights and / or access rules, resulting in leakage, distortion, forgery, destruction, blocking of access to information, as well as loss, destruction or malfunction of the information carrier;
2) web portal participant (hereinafter – participant) – a customer, organizer of public procurement, a single organizer of public procurement, a potential supplier registered on the web portal of public procurement;
3) web portal user (hereinafter – user) – an official of the participant or a representative of the participant;
4) standard functioning of the system – the functioning of the information system in the specified modes and volumes of processed information in accordance with regulatory and technical documentation in the absence of technical failures;
5) working group – a collegial body established by an order of the authorized body for public procurement, acting on a permanent basis, consisting of officials of structural divisions of the authorized body, for budget execution, in the field of public procurement, which analyzes and systematizes the quality of functioning of the electronicpublic procurement system;
6) force majeure – natural disasters or other circumstances that cannot be foreseen or prevented, resulting in the suspension of operation or improper performance of the system as a whole;
7) web portal of public procurement (hereinafter-web portal) – a state information system providing a single point of access to electronic services of electronic public procurement;
8) unscheduled maintenance activities of the web portal of public procurement – technical and preventive work that is associated with the installation of critical software updates in order to eliminate critical vulnerabilities of the web portal of public procurement, or in connection with thereplacement of equipment that has failed;
9) illegal actions of the operator's specialists – actions of the operator's employees that have resulted in the reduction, termination of the operation of the web portal of public procurement, the occurrence of technical failures in it for the following reasons:
performing unauthorized actions by the operator's specialists recorded in the system logs of the public procurement web portal;
violation of the requirements and (or) improper fulfillment of the requirements for maintenance, administration, and system maintenance of the hardware and software complex of the web portal of public procurement, stipulated in the relevant agreement between the owner and operator;
10) technical administration Department (hereinafter referred to as the Department) – a structural unit of a single operator in the field of electronic public procurement, responsible for the administration and monitoring of the hardware and software complex of the web portal of public procurement;
11) technical and maintenance work – comPlex of maintenance of computer equipment and telecommunications equipment in working state, including prophylaxis to prevent rejection of the technology and (or) equipment and their premature wear, Troubleshooting, replacement parts and units, the installation and configuration of hardware, software, accessories, components and circuit boards to increase the capacity of the equipment and user support;
12) technical failure – the temporary unplanned outage of the software and hardware of the System or some of its components (emergency stop, the destruction of memory contents, overloading the resources of hardware and software, and other situations soosubstantially violate the adopted technology and not allowing you to use the software in a system, including incorrect output (results) issued by software), resulting in the inability to useof the System one or more participants;
13) owner of the electronic state information system (hereinafter referred to as "owner") – a subject exercising the rights of ownership, use and disposal of the specified objects within the limits and in the manner determined by their owner;
14) electronic public procurement (hereinafter referred to as "procurement") – public procurement carried out using information systems and electronic information resources;
15) unified operator in the field of e – government procurement (hereinafter – operator) - a legal entity created by a decision of the government of the Russian FederationGovernments Of the Republic of Kazakhstan, the sole ownerof shares ( participation interestsin the authorizedcapital ) of which is the state or national holdingthat implementsthe unified technical policy политикиin the field of electronic public procurement;
16) web portal Contact center (hereinafter referred to as the contact center)-the operator's service dispatch service that provides registration of incidents (technical failures) with further correlation of the issue (if necessary) to other divisions of the operator, depending on the nature of the user's request;
17) AIIS egz (hereinafter referred to as the System) – automated integrated information system "Electronic government procurement ".
Chapter 2. Classification of incidents (technical failures) of the system
A footnote. Title ofChapter 2 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
1) operator-dependent:
due to illegal actions of the operator's employees;
due to the failure to provide the proper level of information security of the system, which entailed unauthorized influence on the informationSystems;
due to physical damage to the system and /or its components caused by the operator or its employees.
2) independent of the operator:
due to physical damage and / or disconnection of the system and / or its components caused by third parties;
due to the unavailability of the system from possible massive external attacks that cause the system's communication equipment to fail;
due to the absence or violation of guaranteed operability of data transmission networks and (or) electricity used by the user to connect to the web portal to the extent determined by the contractual relationship;
due to software and technical limitations and settings contained in the user's computer equipment, as well as the lack of necessary software and technical capabilities that do not allow the user to fully work on the web portal;
due to the infection of the user's computer hardware with malicious software that does not allow the user to work on the web portal due to the system automatically blocking the possibility of hosting an infected file or file archive;
due to improper compliance by the user with the operating procedure of the web portal and user instructions when working on the web portal;
due to non-compliance with the rules for storing the digital signature key, transferring the digital signature key to third parties who do not have the appropriate authority by the user designated as the person responsible for working on the web portal.
Chapter 3. Sources of information about the occurrence of a technical failure
A footnote. Title ofChapter 3 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
user message;
message from the operator's specialists monitoring the functioning of the web portal;
software and hardware tools for monitoring and Troubleshooting a web portal, used to determine the health and availability of System functionality that detected a technical failure;
system logs of a System in which records indicating that a technical failure has occurred or is likely to occur are recorded.
Chapter 4. Actions of users, operators and operators ' specialists in the event of technical failures when using the public procurement web portal
A footnote. Title ofChapter 4 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.202 0 No. 139 (enteredinto force on the expiration of ten calendar days after the date of its first official publication).
1) the user notifies the contact center no later than one hour by e-mail specified on the web portal, indicating the date and time of the detection of a technical failure in the city of Nur-Sultan, as well as contact details and the application of supporting documents.
If it is impossible to send e-mail information about a technical failure, the user notifies the contact center no later than one hour by phone;
2) the operator's specialist, in case of detection of changes in the operation or configuration of the system that do not correspond to the standard functioning, shall record the date and time of occurrence of a technical failure in the log Of users ' requests for technical failures of the web portal of public procurement (hereinafter referred to as the log) in accordance with Appendix 1 to these regulations Rules.
The contact center provides interaction with users of the system depending on the method of contacting them (via phone, e-mail, official letters, Internet forum):
on working days – from 9.00 am to 19.00 PM during working hours, according to the time of the city of Nur-Sultan.
At the same time, the web portal is available for use around the clock, except for the time spent on activities specified in subclauses 8) and 11) of paragraph 2 of these Rules.
A footnote. Punkt6-редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
If a user's request about a technical failure is received by email during the lunch break in Nur-Sultan city time, the operator registers the message within thirty minutes after the lunch break.
If a user's request about a technical failure is received by email outside of business hours in Nur-Sultan, the operator registers the message on the next business day.
The accounting log is maintained by the operators of the contact center in electronic form in the operator's information system for recording user requests.
A footnote. Item7-in the order'sAI version First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
A footnote. Item9 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139( enteredinto force on the expiration of ten calendar days after the date of its first official publication).
Chapter 5. Procedure for the operation of the public procurement web portal and actions of the operator in case of technical failures of the public procurement web portal
A footnote. Title ofChapter 5 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Ministry of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force on the expiration of ten календарныхcalendar дней days after the date of its first official publication).
1) low-failures that do not prevent the conduct of procurement procedures and opportunities to participate in them;
2) average-failures that have resulted in the inability of one and (or) several participants to participate in purchases, which were affected by a technical failure that may lead to or has led to ineffectiveness of previous work of users of the System;
3) high - failures and (or) events that caused one or more modules of the System to stop or become unavailable, in which all users of the web portal do not have the opportunity to participate in purchases.
1) within thirty minutes from the moment of confirmation of a technical failure, notify the user who has contacted technical support by email or phone about the level of criticality of the technical failure, the planned time and date for eliminating the technical failure.
In case of change of such information re-notifies the user of the System;
2) immediately proceeds to eliminate the causes of technical failure;
3) after eliminating the technical failure, it notifies the user who has contacted technical support again by email or phone about the completion of work and the elimination of the technical failure.
If a technical failure with a low criticality level is resolved, the purchase terms will not be extended.
1) immediately inform the members of the Working group in writing, by e-mail and telephone of any technical failure that has occurred;
2) within thirty minutes from the moment of confirmation of a technical failure, post information on the main page of the web portal, indicating the number of ads and lots, about the technical failure, its level of criticality, planned time and date of its elimination, and the period for extending purchases.
If such information is changed, it re-posts the information;
3) within one hour from the moment of confirmation of a technical failure, notify the user who has applied to technical support, as well as all potential suppliers participating in a procurement in which a technical failure occurred, about the technical failure, its level of criticality, planned time and date of its elimination, and the period for extending the procurement.
If this information is changed, the AI will notify the user who contacted technical support again, as well as all potential suppliers participating in a purchase where a technical failure occurred;
4) immediately from the moment of confirmation of a technical failure, extend the time of procedures for accepting applications and (or) price proposals for participation in procurement by means of a tender or request for price proposals, in which a technical failure occurred, for the time necessary for its elimination, except for procurement by auction;
5) on purchases by auction method, in which a technical failure occurred, extends the second round of the auction to the next business day, after confirming that it was eliminated.
If the system automatically generates a Protocol on the auction results, such Protocol and submitted bids will be canceled;
6) for purchases with a technical failure that exceeds the deadline for accepting applications or price offers, extend the deadline for accepting applications or price offers to the next business day;
7) proceeds to eliminate a technical failure in the procurement, as well as in other purchases, if similar technical failures are detected in them;
8) re-notify by eleTronic mail, or by telephone of a user seeking technical support, as well as all potential suppliers participating in the procurement in which there is a technical failure on the elimination of technical failure, the actual date and time Troubleshooting, andplacing this information on the main page of the web portal indicating the number of ads and lots, the fact of the extension of procurement;
9) notifies the owner and members of the Working group in writing about the technical failure, the cause of the occurrence and the measures taken to eliminate it, the result of elimination, the fact of prolongation of purchases, indicating proposals to prevent technical failure.
1) immediately inform the members of the Working group in writing, by e-mail and telephone of any technical failure that has occurred;
2) from the moment of confirmation of a technical failure, it extends all purchases, deadlines for accepting bids or price offers that the sovp determines in time with a technical failure in the corresponding system module, for the time necessary to eliminate the technical failure;
3) within thirty minutes from the moment of confirmation of a technical failure, notify users by posting information on the main page of the web portal about the technical failure, its level of criticality, planned time and date of its elimination.
In case of change of such information re-notifies the users of the System;
4) if the deadline for accepting applications and (or) price proposals for participation in procurement by means of a tender, auction, housing procurement or request for price proposals partially coincides, extend the time of the procedures for accepting applications and (or) price proposals;
5) in case of partial or complete coincidence of the time of the technical failure and the time of holding the auction stage in procurement by auction method, extend the auction stage to the next business day after confirming the fact of eliminating the technical failure.
If the system automatically generates a Protocol on the auction results, such Protocol and submitted bids will be canceled;
6) if mechanical failure, exceeding the deadline or quotations, extends the start date bids or price proposals for tGovernor of procurement for a period you fix the problem;
7) when a technical failure, which excludes the possibility of decryption of quotations, submitted to procurement ways of "quotations Request", "Auction", "Competition", "Purchase of housing" if the deadline or quotations has not expired at the time of occurrence of technical failure, the operator extends the purchases on time for Troubleshooting and informs the suppliers about the need to re-submit applications and quotations;
8) malfunctions, eliminatingeat the possibility of decryption of quotations, submitted to procurement ways of "quotations Request", "Auction", "Competition", "Purchase of housing", if the application deadline or price offer has expired, the operator extends the deadline for filings and price PRof adlouni five working days after the failure is fixed and informs the suppliers about the need to re-submit bids and quotations.
In the event of force majeure, the operator immediately notifies the owner and provides the owner with information about the measures taken and evidence of the above circumstances during the entire time until the termination of the circumstance. In such cases, the decision to extend the purchase period is made by the operator in agreement with the owner of thevehicle for the amount of time (days) during which the circumstances lasted;
9) starts to fix the technical failure;
10) repeatedly notifies users about the elimination of technical failure by posting information on the main page of the web portal about the actual date and time of the elimination of technical failure, indicating the number of ads and lots, about the fact of extending purchases;
11) within one working day notify the owner and members of the Working group in writing about a technical failure, the cause of the occurrence and the measures taken to eliminate it, the result of elimination, the fact of extending the procurement, indicating proposals to prevent a technical failure.
18.if signs of criminal and / or administrative offenses are detected in the actions of users of the web portal, the operator sends information to the owner, as well as to law enforcement agencies or bodies authorized to consider cases of criminal and / or administrative offenses.
19.In the event of failures in the functioning of the System, which cannot be corrected by the operator's own efforts, the operator, with the consent of the owner, attracts the appropriate highly qualified software and hardware specialists.
Chapter 6. Work order web portal for stateprocurement in the scheduled preventive maintenance works by the operator
A footnote. Title ofChapter 6 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12.02.2020 No. 139 ( enteredinto force after the expiration по истечении of ten calendardays after the date of its first official publication).
Chapter 7. Procedure for interaction of the operator with the Working group on the web portal operation in the event of a technical failure
A footnote. Title ofChapter 7 - редакцииas amended by the order First Deputy PrimeMinister of the Republic of Kazakhstan – Of the Minister of Financeof the Republic of Kazakhstan отdated 12. 02.2020 No. 139 (enteredinto force on the expiration of ten calendar days after the date of its first official publication).
signed by the operator's management and responsible persons of the Department an extract from the accounting Log;
information about the causes of technical failures, the measures taken to eliminate them, the results of their elimination, and suggestions for preventing technical failures;
copies of signed instruments of technical failure contributed to the loss of a potential supplier to ensure fulfillment of the applications for participation in the procurement indicating the amount of security for the performance of the application.
27.If the owner receives written requests from individuals and legal entities about technical failures of the System that occurred during participation in public procurement, a letter signed by the head of the Working group is sent to the operator for consideration with a copy of the received request attached.
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Appendix 1 |
Form
Log
of user requests about technical failures of the public
procurement web portal
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item number |
Name of therequesting organization, |
BIN, or IIN |
Dateand time of the request |
Contact information used by the user |
Description of the |
technical failure full name of the employee who accepted the request |
Confirmed/ not confirmed |
Date and time of confirmation/non-confirmation |
The decision taken |
Measures taken by the operator |
Date and time when the technical failurewas resolved |
Reasons for technical failure |
The level of criticality |
Type of technical failure |
Recommendations for avoiding technical failure in the future |
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The head of the operator (signed) Full Name
Responsible person of the Department
technical administration (signature) Full Name
© 2012. RSE na PCV "Institute of legislation and legal information of the Republic of Kazakhstan" of the Ministry of justice of the Republic of Kazakhstan