On approval of the Rules for public procurement Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648.

On approval of the Rules for public procurement

Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648. Registered in the Ministry of justice of the Republic of Kazakhstan on December 28, 2015 No. 12590.

Note of the rcli!

For the procedure for putting this order into effect see clause 4

In accordance with subparagraph 1) of article 16 of the Law of the Republic of Kazakhstan dated December 4, 2015 "on public procurement", I ORDER:

Approve the attached Rules for public procurement.
Recognize as invalid the order of the Minister of Finance of the Republic of Kazakhstan dated June 23, 2015 No. 378 "on approval of the Rules for conducting electronic public procurement" (registered in the Register of state registration of regulatory legal acts dated July 23, 2015 under No. 92255, published on July 31, 2015 in the information and legal system "Adilet").
the Department of public procurement legislation of the Ministry of Finance of the Republic of Kazakhstan (Akhmetov Sm) in accordance with the procedure established by law to provide:

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, it is sent for official publication in periodicals and the information and legal system "Adilet";

3) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

This order is effective from January 1, 2016 and is subject to official publication, with the exception of paragraph 16 of section 5, which is effective from April 1, 2016, as well as paragraphs 424 and 426, which are effective from January 1, 2017.

Minister B. Sultanov

Approved

by order Of the Minister of Finance

Republic Of Kazakhstan

dated December 11, 2015 No. 648

Rules for public procurement

These Rules for public procurement (hereinafter-the Rules) are developed in accordance with the Law of the Republic of Kazakhstan dated December 4, 2015 "on public procurement" (hereinafter – the Law), the laws of the Republic of Kazakhstan dated January 7, 2003 "on electronic document and electronic digital signature", November 24, 2015 "on Informatization" and determine the procedure for public procurement.
the Rules do not apply to public procurement using a special procedure for public procurement.
General provisions
In these Rules the following concepts are used:

1) web portal participant – customer, public procurement organizer, single organizer, potential supplier who have registered on the web portal;

2) registration on the web portal – admission of a subject of the public procurement system to participate in public procurement through the web portal;

3) personal account – an automated workplace of the user on the web portal for the implementation of electronic public procurement procedures, participation in public procurement, as well as receiving automatic notifications and information posted on the web portal;

4) Treasury support-control over the targeted use of funds allocated for the implementation of budget investment projects related to construction, ensuring the full payment of taxes by all project participants – the General contractor and subcontractor at all stages of making payments through accounts in the Treasury for construction projects;

5) electronic copy of the document – a document that fully reproduces the type and information (data) of the original document in electronic-digital form, certified by an electronic digital signature of the applicant or a person authorized to certify this document, or an authorized employee of the public service center, based on the written consent of the recipient of the public service, given at the time of his personal presence;

6) web portal of public procurement (hereinafter-web portal) – information system of a public authority that provides a single point of access to electronic public procurement services;

7) unified operator in the field of public procurement (hereinafter – unified operator) – a legal entity defined by the authorized body in the field of public procurement, the sole owner of shares (shares in the authorized capital) of which is the state;

8) authorized body in the field of public procurement (hereinafter referred to as the authorized body) – a state body that provides guidance in the field of public procurement;

9) electronic Depository in the field of public procurement (hereinafter – electronic Depository) – an electronic database containing information and documents confirming the work experience of potential suppliers, formed on the web portal of public procurement;

10) public procurement contract (hereinafter referred to as the contract) – a civil contract concluded through a web portal between the customer and the supplier, certified by electronic digital signatures, except as provided by Law;

11) unified organizer of state procurement (hereinafter – single) legal person defined by the Government of the Republic of Kazakhstan, akimat of the oblast, cities of Republican significance and the capital or the Governor's office of the district, city, district in the city, in accordance with paragraph 1 of article 8 of the Law carrying out the procedures of organization and conduct of centralized public procurements;

12) organizer of public procurement (hereinafter – organizer) – an official or structural division of the customer, or a legal entity designated as responsible for the implementation of procedures for organizing and conducting public procurement in accordance with the procedure established by these Rules;

13) indicator of taxes paid – the percentage ratio of the amount of taxes paid to the amount of income of a potential supplier during the three years preceding the previous year according to the data of information systems of state revenue bodies, calculated in accordance with part two of subparagraph 2) of paragraph 447 of these Rules;

14) authorized representative – a user of a web portal participant who has been delegated the rights to perform all actions on the web portal, including certification of electronic copies of documents, by a corresponding decision of the first head of the web portal participant;

15) format and logic control – a set of software restrictions set on the web portal, aimed at ensuring compliance users of the web portal of the legislation of the Republic of Kazakhstan on public procurement;

16) e-wallet – a personal account of a potential supplier, placed on the Bank account of a single operator in the field of public procurement, intended for performing settlement operations related to securing applications for participation in a competition, auction and request for price offers;

17) electronic document – a document in which information is presented in electronic-digital form and certified by means of an electronic digital signature;

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 ownership and immutability of its content;

19) electronic product catalog – an information system integrated with a web portal that contains information about products offered by potential suppliers through online stores.

Footnote. Item 3-as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 31.01.2020 No. 92 (effective from 01.06.2020).

Other concepts used in these Rules are applied in accordance with the current legislation of the Republic of Kazakhstan.
Planning for procurement
The decision on the implementation of public procurement is made by the customer on the basis of an approved or updated annual plan of public procurement (preliminary annual plan of public procurement), except for the cases provided for in paragraph 16 of these Rules.
the Annual public procurement plan is developed and approved by the customer on the basis of the relevant budget (development plan, individual financing plan) in accordance with Annex 1 to these Rules.

Footnote. Item 6-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Customer, in accordance with paragraph 2 of article 5 of the Law, on the basis of a positive proposal of the relevant budget Commission, before approving (clarifying) the relevant budget, develops and approves the preliminary annual plan of public procurement in accordance with Annex 1 to these Rules.

Customers who are state-owned enterprises or legal entities, more than fifty percent of the voting shares (participation shares in the authorized capital) of which are owned by the state, develop and approve a preliminary annual public procurement plan before approving the development plan.

In these cases, the preliminary annual public procurement plan is developed and approved separately, both at the stages before approval and at the stages before the relevant budget (development plan) is clarified.

Footnote. Item 7-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Preliminary annual public procurement plan is valid until the approval (clarification) of the annual public procurement plan. The customer transfers information from the preliminary annual public procurement plan to the approved annual public procurement plan via the web portal, with the exception of information not approved in the relevant budget (development plan).

Footnote. Item 8-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Annual public procurement plan is approved (clarified) by the customer within ten working days from the date of approval (clarification) of the relevant budget (development plan) or individual financing plan.

Footnote. Item 9-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Annual public procurement plan (preliminary annual public procurement plan) contains the following information:

1) state procurement identification code;

2) the nomenclature of goods, works, and services according to the reference list, including the amounts allocated for public procurement, excluding value-added tax;

3) the method and timing of public procurement;

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

5) planned terms of delivery of goods, performance of works, rendering of services in accordance with the schedule and breakdown by years within the allocated and stipulated amounts for each financial year in the cases provided for by article 43 of the Law;

6) conditions for public procurement in accordance with article 51 of the Law.

In the preparation of the annual plan of public procurement (provisional annual plan of state purchases), the customer in accordance with paragraph 3 of article 5 of the Law, separates the goods, works and services into lots according to their uniform types and place of their delivery (performance, rendering) except:

1) acquisition of works, services involving complex interrelated activities, services;

2) purchase of goods, works, services according to the list approved by the authorized body.

If there are at least five places where goods and services are delivered, it is allowed to specify several places where goods and services are delivered in the lot.

Footnote. Item 11-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

11-1. It is not allowed to approve (clarify) the annual public procurement plan in the amount that does not correspond to the budget (development plan) in the aggregate for the specifics of economic classification (expenditure items), which require the conclusion of public procurement contracts.

Footnote. The rules are supplemented by paragraph 11-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

11-2. When carrying out public procurement of works for which there is design and estimate documentation, customers in accordance with paragraph 5 of article 5 of the Law in the annual plan of public procurement (preliminary annual plan of public procurement):

1) indicate the advance payment (advance payment) in the amount of thirty percent of the amount allocated for public procurement, excluding value-added tax;

2) publish on the web portal of public procurement design and estimate documentation that has passed examination in accordance with the legislation of the Republic of Kazakhstan.

Footnote. The rules are supplemented by paragraph 11-2 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Customer within five working days from the date of approval of the annual plan of public procurement (preliminary annual plan of public procurement) shall publish it on the web portal, except for information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets, and (or) information containing official information of limited distribution.

Footnote. Item 12-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Customers, in accordance with paragraph 7 of article 5 of the Law, make changes and (or) additions to the annual public procurement plan no more than twice a month.

The requirement of part one of this paragraph does not apply to the following cases:

1) public procurement by state-owned enterprises, legal entities, more than fifty percent of the voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them;

2) execution of instructions, notifications on elimination of violations detected by the results of control measures, including the results of in-house control;

3) the distribution of budget programs to be distributed, as well as the implementation of public procurement when clarifying (adjusting) the relevant budget in accordance with the legislation of the Republic of Kazakhstan.

4) making a decision provided for by sub-paragraph 1) of part one of paragraph 2 of article 22 of the Law;

5) purchases of goods and services related to representation expenses;

6) purchase of goods, works, services at the expense of savings based on the results of public procurement.

Footnote. Item 13 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Customer within five working days from the date of making a decision to make changes and (or) additions to the annual plan of public procurement (preliminary annual plan of public procurement) shall place the changes and (or) additions on the web portal, except for information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets, and (or) information containing official information of limited distribution, which are submitted to the authorized body without using the web portal.
The customer shall provide the unified organizer with information about the planned public procurement of goods, works and services no later than ten business days from the date of approval of the annual public procurement plan (preliminary annual public procurement plan) or making changes and / or additions to the annual public procurement plan (preliminary annual public procurement plan).
information on public procurement carried out in accordance with the sub-paragraphs shall Not be included in the annual plan of public procurement (preliminary annual plan of public procurement). 4), 9), 31), 32) and 35) of article 39, paragraph 3, and article 50 of the Law.
It is not allowed to purchase goods, works, services that are not provided for in the approved (clarified) annual plan of public procurement (preliminary annual plan of public procurement), except for the purchase of goods, works, services in accordance with sub-paragraphs 4), 9), 31), 32) and 35) of article 39, paragraph 3, and article 50 of the Law.
the Customer may refuse to carry out public procurement in the following cases before concluding the contract, in accordance with paragraph 10 of article 5 of the Law:

1) reduction (not including) of expenses for the purchase of goods, works, services provided for in the approved (clarified) annual plan of public procurement (preliminary annual plan of public procurement) that occurred during the approval, (clarification, adjustment) the relevant budget, approval of the draft budget, in accordance with the legislation of the Republic of Kazakhstan;

2) making changes and additions to the strategic plan of the state body, the budget (development plan, individual financing plan) of the customer, excluding the need for acquisition goods, works, services provided in the approved (updated) annual plan of public procurement (preliminary annual plan of public procurement), in accordance with the legislation of the Republic of Kazakhstan.

In the case provided for in subparagraph 2) of part one of this paragraph, amendments and additions to the annual plan of public procurement (preliminary annual plan of public procurement) aimed at purchasing such goods, works and services in the current year are not allowed.

Footnote. Paragraph 18-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Customer, organizer, or single operator within five working days from the date of making the decision specified in paragraph 18 of these Rules:

1) notifies of the decision taken by the persons participating in public procurement;

2) returns the amount of bids submitted for participation in the competition (auction).

Footnote. Paragraph 19 in wording of order of the First Deputy Prime Minister of Kazakhstan – Minister of Finance of RK dated 27.12.2019 No. 1438 (shall be enforced from 01.01.2020).

The procedure for determining organizer single organizer

Paragraph 1. Procedure for determining the organizer

to perform the procedures for organizing and conducting public procurement, the customer determines the organizer and the official of the customer who represents the interests of the latter in the upcoming public procurement, except in cases when the customer and the organizer act as one person.
The organizer can be the customer himself in the person of his structural division or an official responsible for the implementation of procedures for organizing and conducting public procurement.
the Customer, in accordance with paragraph 2 of article 7 of the Law, has the right to determine the organizer of the customer's subordinate state institution.

Footnote. Paragraph 22 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

the Customer, in accordance with paragraph 3 of article 7 of the Law, has the right to act as an organizer for several state institutions subordinate to the customer.

Footnote. Paragraph 23 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

the Customer, in accordance with paragraph 4 of article 7 of the Law, has the right to determine the organizer for several state institutions subordinate to the customer.

Footnote. Paragraph 24 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

The administrator of the budget programs, in accordance with paragraph 5 of article 7 of the Law shall be entitled to act as the organiser for subordinate public institutions, legal persons, in respect of which he acts as a government body, or a person affiliated with a legal person in respect of whom the administrator of this program acts as a government authority.

In accordance with paragraph 5 of article 7 of the Law, a state enterprise or a legal entity that has fifty or more percent of its voting shares (participation shares in the authorized capital) owned by the state may act as an organizer for its affiliates.

Footnote. Paragraph 25 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

In accordance with subparagraph 3) of paragraph 3 of article 8 of the Law, in order to perform the procedures for organizing and conducting public procurement by means of a tender (auction), the customer determines a single organizer as the organizer of public procurement in agreement with it.

Footnote. Paragraph 26-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Organizer determines the official who represents it in relations with the customer, except in cases when the customer and the organizer act as one person, potential suppliers, relevant commissions and an expert. Representative of organizer it is determined from the number of employees of the structural division responsible for the implementation of procedures for organizing and conducting public procurement.

Paragraph 2. Procedure for determining a single organizer

Centralized public procurement is carried out by unified organizers of public procurement.

Footnote. Paragraph 28-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

28-1. The authorized body determines the lists of goods, works, and services for which public procurement is carried out by unified organizers of public procurement.

Footnote. The rules are supplemented by paragraph 28-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

28-2. The unified organizer of public procurement carries out public procurement:

1) according to the list of goods, works, services determined by the authorized body, by creating joint tender commissions with the customer (auction commissions);

2) according to the list of goods, works, services determined by the authorized body, by combining similar goods, works, services in one lot, regardless of the place of their delivery (performance, rendering);

3) at the request of customers for the purchase of goods, works, services not included in the lists of goods, works, services, determined by the authorized body, by creating joint tender commissions (auction commissions) with the customer. This sub-item is applied subject to the consent of the single organizer of public procurement to conduct such public procurement.

Footnote. The rules are supplemented by paragraph 28-2 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Chapter 4. Organization and conduct of public procurement by requesting price offers

Footnote. Title of Chapter 4 in the wording of the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

Paragraph 1. Notice of the public procurement

by way of inquiry of price offers 29. the Organizer shall publish the following information on public procurement conducted by the way of requesting price offers on the web portal in Kazakh and Russian no later than five working days before the deadline for submitting price offers:

1) the quantity of goods, the volume of work performed, services rendered, which are the subject of public procurement, indicating the allocated amounts;

2) a brief description of the purchased goods, works, and services;

3) place of delivery of goods, performance of works, rendering of services;

4) required terms of delivery of goods, performance of works, rendering of services;

5) on the start and end date for potential suppliers to submit price offers;

6) draft agreement with specification of technical specification.

Customers develop technical specifications indicating national standards, and in the absence of such standards, interstate standards for purchased goods, works, and services. In the absence of national and interstate standards, the required functional, technical, quality and operational characteristics of the purchased goods, works, and services are specified, taking into account the rationing of public procurement.

In this case, a brief description of the purchased goods must contain a requirement for suppliers to provide documents confirming the compliance of the delivered goods with the requirements established by technical regulations, provisions of standards or other documents in accordance with the legislation of the Republic of Kazakhstan on technical regulation.

Footnote. Paragraph 29-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

The information provided for in paragraph 29 of these Rules may not contain indications of trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the product and the name of the manufacturer, as well as other characteristics, if such indication determines the ownership of the purchased product, work, or service to a separate potential supplier, except for the following cases of public procurement:

1) for completing, upgrading and re-equipping the main (installed) equipment, as well as installed software (licensed software);

2) to determine the supplier of services for the provision of goods for leasing and the need for a detailed description of the subject of leasing;

3) for repair and (or) maintenance of the customer's existing goods (equipment);

4) goods presented and available on the market, the cost of which does not exceed a thousandfold of the monthly calculation index established for the corresponding financial year by the law on the Republican budget.

Footnote. Paragraph 30-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 2. Potential suppliers ' submission of price lists

offers

A potential supplier shall submit only one price offer containing the information provided for in these rules, which may not be amended or supplemented.

Potential suppliers may withdraw submitted price offers before the deadline for their submission. In this case, it is allowed to re-submit price offers with the changes made before the deadline for their submission.

Footnote. Paragraph 31 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

The submission of a price offer by a potential supplier is a form of expression of its consent to deliver goods, perform works, and provide services in compliance with the conditions stipulated in the draft agreement.
The price offer of a potential supplier includes all expenses related to the delivery of goods, performance of works, and provision of services.
The price offer is submitted by the potential supplier via the web portal to the organizer before the deadline for accepting price offers specified in the ad, in accordance with the form in Annex 2 to these Rules.
the Price offer is considered accepted after the web portal automatically sends a corresponding notification to the potential supplier who submitted the price offer.

Paragraph 3. Comparison of price offers and summarizing

results of public procurement using the price request method

offers

After the deadline for submitting price offers expires, the web portal automatically compares price offers and summarizes the results of public procurement by requesting price offers.
The winner is the potential supplier who offered the lowest price offer.
The second-place potential supplier is determined based on the price following the lowest price offer.
If the lowest price offer is submitted by several potential suppliers, the winner is a potential supplier whose price offer was received earlier than the price offers of other potential suppliers.
It is not allowed to conduct negotiations between the organizer and a potential supplier regarding its price offer via the web portal or by other means without using the web portal, except for the cases provided for in article 45 of the Law.
If only one price offer from a potential supplier is submitted during the period of submission of price offers, such public procurement is automatically recognized as invalid by the web portal and the organizer carries out public procurement using a single source from the potential supplier who submitted this price offer. In this case, the price of the concluded agreement must not exceed the price offer of the potential supplier.
If no price offers from potential suppliers are submitted during the period of submission of price offers, such public procurement is automatically recognized as failed by the web portal and the organizer carries out repeated public procurement by requesting price offers.
The price offer of a potential supplier is subject to automatic rejection by the web portal in the following cases:

1) if it exceeds the amount allocated for the purchase of these goods, works, services;

2) provided by sub-paragraphs 1), 3), 4), 5), 6) and 8) paragraph 1 of article 6 of the Law.

Rejection of price offers on other grounds is not allowed.

Footnote. Paragraph 43 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

If after the automatic rejection of price offers by the web portal on the grounds provided for in paragraph 43 of these Rules, there are less than two price offers of potential suppliers, then such public procurement is recognized as invalid and the organizer carries out repeated public procurement by requesting price offers.
The report on the results of public procurement by way of requesting price offers is placed on the web portal automatically after they are summed up in the form in accordance with Annex 3 to these Rules.

Paragraph 3-1. Providing the application for participation in the public purchases by means of price proposals request

Footnote. Chapter 4 is supplemented by paragraph 3-1 in accordance with the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

45-1. Securing an application for participation in public procurement the method of requesting price offers is made in the amount of one percent of the amount allocated for the purchase of goods, works, and services.

In the case of participation in public procurement by requesting price offers for several lots, the potential supplier submits a separate application for each lot.

The web portal automatically determines whether an application for participation in public procurement is in compliance with the request for price offers method when a potential supplier submits an application for participation in public procurement using the request for price offers method.

Footnote. Paragraph 45-1-as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 28.02.2020 No. 205 (effective from 01.03.2020).

45-2. A potential supplier selects one of the following types of security for an application to participate in public procurement by requesting price offers:

1) money held in the potential supplier's e-wallet;

2) a Bank guarantee provided in the form of an electronic document in accordance with Annex 3-1 to these Rules.

It is not allowed for a potential supplier to perform actions that give rise to third parties ' right to claim in General or in part of the money held in an electronic wallet.

It is not allowed for a single operator to use money held in an electronic wallet, except for the cases specified in paragraphs 45-4 and 45-5 of these Rules.

45-3. Providing an application for participation in public procurement by requesting price offers, made in the form of an electronic Bank guarantee, is not returned by the organizer of public procurement to a potential supplier in one of the following cases:

1) a potential supplier identified as the winner has avoided entering into a public procurement contract;

2) the winner, having concluded the contract, did not fulfill or improperly fulfilled, including untimely fulfilled the requirements for making and (or) the terms of making security for the performance of the contract.

45-4. Providing an application for participation in public procurement by requesting price offers made via an electronic wallet is blocked by a single operator and is not returned to the potential supplier in one of the following cases:

1) a potential supplier identified as the winner has avoided entering into a public procurement contract;

2) the winner, having entered into a public procurement contract, failed to fulfill or improperly fulfilled, including untimely fulfilled, the requirements for making and (or) deadlines for making security for the execution of the public procurement contract.

45-5. In the event of one of the cases provided for in paragraphs 45-3 and 45-4 of these Rules, the amount of security for an application to participate in public procurement by requesting price offers is credited to the income of the relevant budget, state enterprise, legal entity, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state, or legal entities affiliated with them.

A single operator within five working days from the date of receipt of the application from the customer via the web portal transfers the blocked money from the e-wallet of a potential supplier to secure the application to the account specified in the customer's application, if the potential supplier evaded the conclusion of the contract or did not provide security for the execution of the contract.

45-6. The organizer returns to the potential supplier the security of the application for participation in public procurement made by them by requesting price offers in the form of an electronic Bank guarantee, within three working days from the date of occurrence of one of the following cases:

1) placement of the opening Protocol in cases when this potential supplier withdraws its application before the deadline for submitting applications for participation in public procurement by requesting price offers;

2) signing the Protocol on the results of public procurement. This case does not apply to the participant identified as the winner of public procurement by the method of requesting price offers;

3) the potential supplier signs a contract on public procurement and provides security for the execution of the contract.

45-7. The unified operator automatically unlocks a potential supplier's blocked security for an application to participate in public procurement by requesting price offers in the following cases:

1) this potential supplier withdraws its bid before the deadline for submitting bids in public procurement by requesting price offers;

2) signing the Protocol on the results of public procurement. This case does not apply to the participant identified as the winner of public procurement by the method of requesting price offers;

3) the potential supplier signs a public procurement contract and provides security for the execution of the public procurement contract.

45-8. At the request of a potential supplier to return money placed on its e-wallet, the unified operator returns the specified money within three working days from the date of receipt of such a request, for which the blocking has not been implemented or the blocking has been terminated.

The procedure of public purchase

competition

Paragraph 1. Stages of public procurement in the way of competition by the organizer, a single organizer

Footnote. The name of paragraph 1-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Organization and conduct of public procurement by way of competition, involves the following sequential activities:

1) determination of the organizer, except when the customer and organizer are one person, and customer's authorized representative, representing the interests of the latter in the forthcoming competition;

2) providing by the customer the organizer of information and documents for the organization and conduct of public procurement by way of competition or providing the customer a single organizer of the task on the organization and conduct of public procurement by way of competition;

3) sending by the customer to the organizer, a single organizer through the web portal of the items of the annual plan of public procurement (preliminary annual plan of public procurement) for the implementation of the procedures for organizing and conducting public procurement by means of a tender;

4) the definition and approval of composition of tender Commission, expert Commission or an expert (if necessary), definition of Secretary of the competitive Commission;

5) approval of the draft tender documentation;

6) placement on the web portal of an announcement on the implementation of public procurement by means of a tender, as well as the text of the tender documentation;

7) preliminary discussion of the draft tender documentation via the web portal and posting on the web portal of the Protocol of preliminary discussion of the draft tender documentation, as well as the text of the tender documentation;

8) submission of applications for participation in the competition by potential suppliers in the form of an electronic document and their automatic registration on the web portal;

9) automatic opening of applications and placement of the corresponding opening Protocol on the web portal;

10) the competition Commission through the web portal applications for participation in tender potential suppliers on their compliance to qualification requirements and the requirements of the tender documentation, as well as the absence of restrictions under article 6 of the Law;

11) bringing potential suppliers ' applications for participation in the competition in accordance with the qualification requirements and requirements of the tender documentation;

12) re-consideration of applications for participation in the competition of potential suppliers brought into compliance with the qualification requirements and requirements of the tender documentation;

13) identify potential suppliers that meet qualifying requirements and requirements of competitive documentation, and recognition by their participants, as well as the use of relative values of criteria for competitive price proposals of participants of competition;

14) the automatic mapping web portal of the conditional prices of the contest participants, the winner of the competition on the basis of the smallest conditional price and the potential supplier, who took second place, and posting on the web portal of the Protocol on results the state purchases by way of competition;

15)conclusion by the customer of a contract with the winner on the basis of the Protocol on the results of public procurement by means of a tender.

Events, provided by subparagraph 7) of this paragraph are not implemented in government procurement, data about which constitute state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets, and (or) contain proprietary information of limited distribution, as well as in public procurement of work, requiring design documentation, where is the technical specifications of the tender documents contains the design documentation that passed the examination in accordance with the legislation of the Republic of Kazakhstan.

The measures provided for in subparagraph 11) of this paragraph shall be implemented if the competition Commission identifies potential suppliers who do not meet the qualification requirements and requirements of the competition documentation.

46-1. The unified organizer conducts public procurement in compliance with the following consecutive stages:

1) submission by the customer to the unified organizer of the task for the organization and conduct of public procurement, containing the documents established by paragraph 52 of these Rules;

2) development and approval by a single organizer of the draft tender documentation on the basis of the task submitted by the customer containing the documents specified in paragraph 52 of these Rules;

3) determination and approval by the unified organizer of public procurement of the composition of the competition Commission.

In the cases provided for in sub-paragraphs 1) and 3) of paragraph 28-2 of these Rules, the competition Commission, determined and approved by a single organizer, also includes representatives of the customer;

4) if necessary, making changes and (or) additions by a single organizer to the tender documentation;

5) placement by a single organizer on the web portal of an announcement on public procurement;

6) in the cases provided for in sub-paragraphs 1) and 3) of paragraph 28-2 of these Rules, the unified organizer sends requests and comments to the customer from persons automatically registered on the web portal who have received the tender documentation for the draft public procurement contract and (or) the technical specification of the tender documentation;

7) determining the winner of public procurement by means of a competition;

8) conclusion by the customer of a contract on public procurement with the winner on the basis of the Protocol on the results of public procurement in the manner established by these rules.

Footnote. The rules are supplemented by paragraph 46-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

46-2. The customer shall provide the unified organizer with information about the planned public procurement of goods, works and services no later than ten business days from the date of approval of the annual public procurement plan (preliminary annual public procurement plan) or making changes and / or additions to the annual public procurement plan (preliminary annual public procurement plan).

Footnote. The rules are supplemented by paragraph 46-2 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

46-3. The organization and conduct of public procurement by a single organizer is carried out in accordance with the requirements,

requirements to the organizer, taking into account the specifics established by Law and these rules.

Footnote. The rules are supplemented by paragraph 46-3 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).
Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).
Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 2. Provision by the customer to the organizer (a single

to the organizer) information and documents for the organization and

conducting public procurement by means of a competition

the Customer provides the organizer with the technical specification and draft contract in Kazakh and Russian languages, except for cases when the organizer and the customer act as one person.

When carrying out public procurement of works requiring design and estimate documentation, instead of the technical specification, the tender documentation must contain design and estimate documentation that has passed examination in accordance with the legislation of the Republic of Kazakhstan. The turnaround time on such government procurement must comply with the deadlines specified in the duly approved design estimate documentation. In addition to the design and estimate documentation that has passed examination in accordance with the legislation of the Republic of Kazakhstan, the tender documentation must contain an electronic copy of the positive conclusion of the complex non-departmental examination.

At the same time, the tender documentation may not contain references to trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods and the name of the manufacturer, as well as other characteristics, if such an indication determines the ownership of the purchased goods, work, services to a separate potential supplier, except for the following cases of public procurement:

1) for completing, upgrading and re-equipping the main (installed) equipment, as well as installed software (licensed software);

2) to determine the supplier of services for the provision of goods for leasing and the need for a detailed description of the subject of leasing;

3) for repair and (or) maintenance of the customer's existing goods (equipment).

Footnote. Paragraph 51 as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

In the cases provided for by subparagraphs 1) and 3) of section 28-2 of this regulation, the organization and carrying out state procurement of method of competition is single organizer on the basis of the customer task in the Kazakh and Russian languages, containing the following documents:

1) the customer's application for holding the competition, signed by the first head of the customer or a person acting as his / her duties, or the Executive Secretary or other official exercising the powers of the Executive Secretary, indicating the candidates from among the customer's representatives for inclusion in the competition Commission;

2) approved by the chief Executive of the customer or a person acting on his or Executive Secretary or otherwise exercising powers of the Executive Secretary officer, technical specification, draft contract, which is an integral part of the tender documentation and the expert Commission or expert in the case of its creation (attract).

Footnote. Paragraph 52-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

52-1. In the case stipulated by subparagraph 2) of section 28-2 of this regulation, the organization and carrying out state procurement of method of competition is single organizer on the basis of the customer task in the Kazakh and Russian languages, containing the following documents:

1) the customer's request for tenders, signed by the chief Executive of the customer or a person acting on his or the Executive Secretary or other official exercising the powers of the Executive Secretary;

2) approved by the first head of the customer or a person acting as his / her duties, or the Executive Secretary or other official exercising the powers of the Executive Secretary, the draft technical specification specifying the required functional, technical, quality and operational characteristics of the purchased goods, works, services.

Footnote. The rules are supplemented by paragraph 52-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 3. The definition and the approval of the bankruptcy

Commission, expert Commission or expert (if

necessary), definition of Secretary of the competitive Commission

to perform the procedures for organizing and conducting public procurement by means of a competition, the organizer, a single organizer for each competition, separately approves the competition Commission and determines the Secretary of the competition Commission.
the Decision to create a competition Commission and determine the Secretary of the competition Commission is made by the first head of the organizer or by a person acting as his / her duties, or by the Executive Secretary or other official exercising the powers of the Executive Secretary.

Footnote. Paragraph 54 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

If it is organized by the customer himself, either directly or through its structural units (officials) responsible for the implementation of the organization's procedures and public procurement, decision on the establishment of the competition Commission and determination of the Secretary of the competitive Commission is accepted by the chief Executive of the customer or a person acting on his or Executive Secretary or otherwise exercising powers of Executive Secretary officer.

Footnote. Paragraph 55 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

In the case of public procurement by a single organizer, the decision to create a competition Commission and determine the Secretary of the competition Commission is made by the first head or a person acting as the first head of the single organizer.
In the implementation of state procurement organizer, and in case it is organized by the customer himself directly or in the face of a structural unit (official), the customer, if necessary, includes in the Committee representatives of the authorized body in the sphere of activities in agreement with him, from among the employees registered on the web portal.

58.for the development of technical specifications and (or) technical specifications of purchased goods, works, services, the customer, if necessary, creates an expert Commission or attracts an expert.

Members of the competition Commission are the Chairman and other members of the competition Commission. Members of the competition Commission consider applications and take part in voting without the right to replace them.

The total number of members of the competition Commission, in accordance with subparagraph 10) of article 2 of the Law is an odd number, but not less than three people.

The total number of members of the competition Commission created by a single organizer is an odd number, but not less than five people.

Footnote. Paragraph 59 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

In the case provided for in paragraph 20 of these Rules, the Chairman of the competition Commission shall be an official not lower than the Deputy first head of the customer.

During the competition in the logistics activities of Central Executive bodies, Chairman of the competition Committee is determined by the responsible Secretary of the Central Executive body, or other acting Executive Secretary officer.

In the cases provided for in paragraphs 22 and 24 of these Rules, the Chairman of the competition Commission shall be an official not lower than the Deputy first head of the organizer or the person acting as his / her duties, or the Executive Secretary or other official exercising the powers of the Executive Secretary.

In the case provided for in paragraphs 21, 23 and 25 of these Rules, the Chairman of the competition Commission shall be an official not less than the Deputy first head of the customer or the person performing his duties, or the Executive Secretary or other official exercising the powers of the Executive Secretary.

In the case provided for in paragraph 26 of these Rules, the Chairman of the competition Commission shall be an official not lower than the first head of the customer or the person performing his duties.

Footnote. Item 60-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 13.06.2018 No. 562 (effective from 01.07.2018); as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

In case of absence of the Chairman of the competition Commission, the candidate of the Chairman of the competition Commission is re-approved. At the same time, the Chairman of the competition Commission is determined by an official not lower than the Deputy first head, and in case of his absence – the first head.

In case of re-approval of the competition Commission created by a single organizer, the Chairman of the competition Commission is determined by an official acting as the first head of the customer or the akim of the corresponding administrative-territorial unit of the Republic of Kazakhstan.

During the competition in the budget programs of development, providing for the implementation of investment projects in the Central Executive and other Central state authorities, their departments and territorial units, under the state legal entities and legal entities, fifty and more percent of voting shares (participation shares in the authorized capital) which belongs to the state and affiliated with them legal entities), Chairman of the competition Committee is determined by the first head of the customer.

Footnote. Item 62-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

when conducting a competition within the framework of budget development programs that provide for the implementation of budget investment projects by the local Executive body, the Executive body financed from the local budget, the Chairman of the competition Commission is determined by the first head of the customer.

Footnote. Paragraph 63-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

In the cases provided for by subparagraphs 1) and 3) of section 28-2 of these Rules, the contest Committee determined the first head of the customer, and if the amount allocated for the state procurement of method of competition exceeds vosemnadcatiletnij size of the monthly settlement indicator established for corresponding fiscal year, the akim of the respective administrative-territorial unit.

Mayors of cities of Republican significance and the capital are determined by the chairmen of the competition Commission if the allocated amount for public procurement by means of competition exceeds one million six hundred thousand times the monthly calculation index set for the corresponding financial year.

In the case provided for in subparagraph 2) of paragraph 28-2 of these Rules, the first head of the unified organizer of public procurement or the person performing his duties, or his Deputy, shall be appointed as the Chairman of the competition Commission.

Footnote. Paragraph 64 of the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

During the competition in the logistics activities of Central Executive bodies, Chairman of the competition Commission is determined by the first head of the Central Executive body or the person fulfilling its duties, with the exception of the case stipulated by subparagraph 2) of paragraph 28-2 of these Rules.

Footnote. Paragraph 65-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).
Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Chairman of the competition Commission:

1) manages the activities of the competition Commission;

2) performs other functions provided for by these Rules.

the Competition Commission acts from the date of entry into force of the decision on its creation and ceases its activity on the day of conclusion of the contract.
The decision of the competition Commission is made by voting through the web portal and is considered accepted if a majority of votes from the total number of members of the competition Commission are cast for it. In case of equality of votes, the decision for which the Chairman of the competition Commission voted is considered accepted.

In case of disagreement with the decision of the competition Commission, any member of this competition Commission has the right to a dissenting opinion, which is published on the web portal in the form of an electronic copy of the document.

If there is no signature of any member of the competition Commission, the relevant minutes of the competition Commission shall contain a document or information on the web portal containing the reason for the absence of a signature.

The organizational activities of the competition Commission are provided by the Secretary of the competition Commission. The Secretary of the competition Commission is not a member of the competition Commission and does not have the right to vote when making decisions by the competition Commission.

The Secretary of the competition Commission is determined from among the officials of the structural division of the organizer responsible for organizing and conducting public procurement.

In the case of public procurement by a single organizer, the Secretary of the competition Commission is determined from among the officials of the single organizer.

Secretary of the competition Commission:

1) form and publish the draft tender documentation on the web portal;

2) publish on the web portal an announcement about competition, Protocol, preliminary discussion of the draft tender documentation, minutes of opening of bids for participation in the competition, the Protocol of preliminary admission to participation in competition if available, the Protocol on results the state purchases by way of competition, and also other documents on the web portal when available;

3) publish on the web portal the conclusion of the expert Commission or expert, if available;

4) performs other functions provided for by these Rules.

When organizing and conducting public procurement by means of a tender, the organizer, in accordance with paragraph 2 of article 27 of the Law, forms an expert Commission or determines an expert to prepare an expert opinion on the compliance of goods, works, and services offered by potential suppliers with the technical specification that is an integral part of the tender documentation.

In cases stipulated by sub-paragraphs 1) and 3) of paragraph 28-2 of these Rules, the customer, if necessary, approves an expert Commission or expert to prepare an expert opinion on the compliance of goods, works, services offered by potential suppliers with the technical specification, which is an integral part of the tender documentation.

In the case provided for in subparagraph 2) of paragraph 28-2 of these Rules, the unified organizer approves an expert Commission or expert to prepare an expert opinion on the compliance of goods, works, services offered by potential suppliers with the technical specification, which is an integral part of the tender documentation.

Footnote. Paragraph 73-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

When organizing and conducting public procurement of works where instead of the technical specification, which is an integral part of the tender documentation, the tender documentation contains design and estimate documentation that has passed examination in accordance with the law, an expert Commission is not created, an expert is not involved.
The decision to create an expert Commission or to attract an expert is made by the first head of the organizer, or by a person acting as his / her duties, or by the Executive Secretary or other official exercising the powers of the Executive Secretary.

In cases stipulated by sub-paragraphs 1) and 3) of paragraph 28-2 of these Rules, the decision to create an expert Commission is made by the first head of the customer or a person acting as his / her duties, or by the Executive Secretary or other official exercising the powers of the Executive Secretary.

In the case provided for in subparagraph 2) of paragraph 28-2 of these Rules, the decision to create an expert Commission is made by the first head of the unified organizer or by a person acting as his / her duties.

Footnote. Item 75-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Before the start of the contest the contest Committee members, the Secretary of the competition Commission and the expert Commission or expert examine the approved draft tender documentation and annexes.
The members of the expert Commission are the Chairman, Vice-Chairman and other members of the expert Commission. During the absence of the Chairman, the Vice-Chairman shall perform the functions of the Chairman. The total number of members of the expert Commission must be an odd number and not less than three people.
When organizing and conducting public procurement by means of a tender, the expert Commission or expert gives an expert opinion on the compliance of the goods, works, and services offered by potential suppliers with the requirements of the tender documentation and does not have the right to vote when making a decision by the tender Commission.
the conclusion Of the expert Commission or expert must be taken into account by the competition Commission only if it is drawn up within the requirements provided for in the competition documentation. The expert conclusion shall be signed by the members of the expert Committee or expert, in the case of determining the expert without the creation of the expert Commission, and attached to the Protocol of preliminary admission to participation in competition, to the Protocol on the results of public procurement on the web portal in the form of electronic document certified by electronic digital signature of the Secretary of the tender Committee.

The expert's conclusion must be accompanied by documents confirming the expert's qualification (diploma of education, certificate, certificate or other document).

Footnote. Paragraph 79 of the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

The expert Commission determines whether the goods, works, and services offered by potential suppliers meet the requirements of the tender documentation by an open vote and is considered accepted if a majority of the total number of members of the expert Commission vote for it.
In case of equality of votes, the decision for which the Chairman of the expert Commission or, in his absence, the Vice-Chairman voted is considered accepted.

In case of disagreement with the conclusion of the expert Commission, any member of this expert Commission has the right to a special opinion, which is attached to the conclusion of the expert Commission and posted on the web portal.

If there is no signature of any member of the expert Commission to the relevant expert opinion, the Secretary of the competition Commission shall post a document or information on the web portal containing the reason for the absence of a signature.

Paragraph 4. Approval of the draft tender documentation and

placing it on the web portal

Organizer single organizer to determine conditions and order of carrying out contest forms on the web portal in the Kazakh and Russian languages the tender documents in accordance with Annex 4 to this Regulation, and agrees it with the customer, except when:

1) the customer and the organizer of act one;

2) public procurement by way of competition is carried out by a single organizer.

The project of tender documentation developed by the organizer is approved by the first head of the customer or by the person acting as his / her duties, or by the Executive Secretary or other official exercising the powers of the Executive Secretary.

Footnote. Paragraph 83 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

The draft tender documentation developed by the unified organizer of public procurement, determined in accordance with sub-paragraphs 1), 2), 3) of paragraph 28-2 of these Rules, is approved by the first head of the unified organizer or a person acting as his / her duties.

Footnote. Paragraph 84-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

The draft tender documentation, developed and approved by a single organizer, must contain the technical specification, the draft contract, which is an integral part of the tender documentation, and the composition of the expert Commission or expert (if available).

Footnote. Paragraph 85-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

85-1. Excluded by order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899

(shall be enforced from 01.09.2019).

85-2. Excluded by order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

Paragraph 5. Notification of the competition

The organizer not later than three working days from the date of approval of the draft tender documentation posted on the web portal advertisement about implementation of government procurements by way of competition, as well as the draft tender documentation.

In accordance with paragraph 3 of article 22 of the Law, the deadline for submission of applications by potential suppliers for participation in the competition is at least fifteen calendar days from the date of publication of the minutes of preliminary discussion of the draft tender documentation and the text of the approved tender documentation.

The customer may make changes to the tender documentation on its own initiative before the deadline for submission of applications for participation in the tender by potential suppliers. In such cases, the tender documentation is subject to preliminary discussion in accordance with article 22 of the Law.

If a preliminary discussion of the draft tender documentation is not made in accordance with paragraph 89 of this regulation, the date of the final date for the submission of potential providers applications for participation in the contest in accordance with paragraph 3 of article 22 of the Act is not less than fifteen calendar days from the date of placing text ads on the implementation of the state procurement of method of competition.

Footnote. Item 86-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

In the case of repeated public procurement by means of competition, the organizer shall place the text of the announcement on repeated public procurement by means of competition on the web portal at least five working days before the final date of submission of applications for participation in the competition, provided that the tender documentation of the failed competition remains unchanged, except for an extension of the term of execution of the contract on public procurement in connection with repeated public procurement.

Footnote. Paragraph 87-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

If changes and (or) additions are made to the tender documentation, public procurement is conducted in accordance with paragraph 86 of these Rules.

Footnote. Paragraph 88-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 6. Preliminary discussion and placement on the

web portal of the Protocol of preliminary discussion of the project

competition documentation

A mandatory condition for approval of the tender documentation is a preliminary discussion of the draft tender documentation by potential suppliers, except in cases of public procurement, information about which is a state secret in accordance with the legislation of the Republic of Kazakhstan on state secrets, and (or) contains official information of limited distribution.

Footnote. Paragraph 89-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Comments on the draft tender documentation, as well as requests for clarification of the provisions of the tender documentation, may be sent by potential suppliers via the web portal to the customer, organizer, or single organizer no later than five working days from the date of placement of the announcement on public procurement.
In the absence of comments to the draft tender documentation and requests for clarification of provisions of tender documentation within five working days from the date of placing the ads on public procurement, tender documentation shall be deemed approved.

Footnote. Paragraph 91-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

If there are comments, as well as requests for clarification of the provisions of the tender documentation, the customer, the organizer, the unified organizer within five working days from the date of expiration of the preliminary discussion of the tender documentation, make the following decisions:

1) make changes and (or) additions to the draft tender documentation;

2) reject comments to the draft tender documentation with an indication of the reasons and reasons for their rejection;

3) explain the provisions of the tender documentation.

If changes and (or) additions are made to the draft tender documentation, a decision is made to approve the amended tender documentation on the web portal in accordance with paragraphs 83 and 84 of these Rules.

From the date of making the decisions provided for in sub-paragraphs 2) and 3) of this paragraph, the tender documentation is considered approved.

Footnote. Paragraph 92-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

92-1. The requirement for preliminary discussion of the draft tender documentation applies to public procurement of works requiring design and estimate documentation, where instead of the technical specification, the tender documentation contains design and estimate documentation that has passed examination in accordance with the legislation of the Republic of Kazakhstan in part of subparagraph 3) of paragraph 92 of these Rules.

Footnote. The rules are supplemented by paragraph 92-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

The organizer or a single organizer shall publish on the web portal the minutes of preliminary discussion of the draft tender documentation in accordance with Annex 5 to these Rules no later than one business day from the date of approval of the tender documentation.

In case of making changes and (or) additions to the draft tender documentation, in accordance with subparagraph 1) of paragraph 92 of these Rules, the organizer, the unified organizer, together with the Protocol of preliminary discussion of the tender documentation, places the approved text of the tender documentation, with automatic notification of potential suppliers who received the draft tender documentation.

The Protocol of preliminary discussion of the draft tender documentation, in accordance with paragraph 2 of article 22 of the Law, contains information about the comments received to the draft tender documentation and the decisions taken on them.

The Protocol of preliminary discussion of the draft tender documentation is signed by the first head of the customer or the person performing his duties, or the Executive Secretary or other official exercising the powers of the Executive Secretary.

In the case of public procurement by a single organizer, the Protocol of preliminary discussion of the draft tender documentation is signed by the first head of the single organizer.

In the cases provided for in paragraphs 22, 24 and 25 of this regulation, Protocol, preliminary discussions on the draft tender documentation signed by the first head of the organizer or a person acting on his or Executive Secretary or otherwise exercising powers of Executive Secretary officer.

Footnote. Item 94 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

The organizer, if necessary, within five working days from the date of expiration of the preliminary discussion of the draft tender documentation, in response to requests or comments from potential suppliers, makes changes and (or) additions to the tender documentation. Changes and (or) additions to the tender documentation are approved by the customer in accordance with paragraph 83 of these Rules.
The unified organizer, if necessary, within five working days from the date of expiration of the preliminary discussion of the draft tender documentation, in response to requests or comments from potential suppliers participating in the web portal, makes changes and (or) additions to the draft tender documentation, except for changes and (or) additions to the technical specification and draft agreement, which are an integral part of the tender documentation. Changes and (or) additions to the tender documentation, with the exception of changes and (or) additions to the technical specification and draft agreement, which are an integral part of the tender documentation, are approved by the unified organizer in accordance with paragraph 84 of these Rules.

If necessary, the customer sends the approved decision to make changes and (or) additions to the technical specification or draft agreement, which are an integral part of the tender documentation, to the unified organizer no later than three working days from the date of expiration of the preliminary discussion of the draft tender documentation.

Unified organizer based on the decision approved by the customer to make changes and (or) additions to the technical specification or draft agreement that are an integral part of the tender documentation make changes and (or) additions to the technical specification or the draft contract, which are an integral part of the tender documentation, no later than five working days from the date of expiration of the preliminary discussion of the draft tender documentation.
If a decision is made to reject comments to the draft tender documentation, in accordance with subparagraph 2) of paragraph 92 of these Rules, a detailed explanation of the reasons for their rejection is indicated in the Protocol of preliminary discussion of the draft tender documentation.
When receiving requests from potential suppliers to clarify the provisions of the tender documentation via the web portal, in accordance with subparagraph 3) of paragraph 92 of these Rules, the text of the explanation of the provisions of the tender documentation is reflected in the Protocol of preliminary discussion of the draft tender documentation.
In the cases provided for in sub-paragraphs 1) and 3) of paragraph 28-2 of these Rules, clarification of the provisions of the technical specification and the draft contract, which are an integral part of the tender documentation, is carried out by the customer.

In the case provided for in subparagraph 2) of paragraph 28-2 of these Rules, the explanation of the provisions of the technical specification and the draft contract, which are an integral part of the tender documentation, is carried out by a single organizer.

The text of the explanation of the provisions of the technical specification and the draft contract, which are an integral part of the tender documentation, is reflected in the minutes of preliminary discussion of the draft tender documentation.

Footnote. Item 100-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 7. Submission of competitive information to potential suppliers

documentation or draft tender documentation

From the date of placement of the announcement of the competition, everyone is given the opportunity to receive free of charge the tender documentation, or the draft of the tender documentation on the web portal.
Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 03.10.2016 No. 521 (effective from 01.01.2017).

It is not allowed to submit tender documentation or draft tender documentation until the moment of notification of the competition on the web portal.

Paragraph 8. Content and submission of applications by potential clients

applications for participation in the competition

Application for participation in the contest should be submitted in electronic form via the web portal prior to the expiration of the final deadline specified in the tender document and is a form of expressing consent of potential vendor with requirements and conditions established in the tender documentation and the consent of the potential supplier to obtain information about him, confirming compliance with the qualification requirements and the restrictions stipulated by article 6 of the Law.
An application for participation in the competition submitted to the organizer or the single organizer by a potential supplier who has expressed a desire to participate in the competition must contain the documents listed in the competition documentation form, as well as contain confirmation of the potential supplier:

1) the absence of restrictions provided for in article 6 of the Law;

2) the absence of relations between the customer or the organizer (single organizer) that are prohibited by Law;

3) consent to terminate the contract in accordance with the procedure established by the laws of the Republic of Kazakhstan in the event of detection of the facts specified in paragraph 19 of article 43 of the Law.

The application for participation in the competition is considered accepted at the moment when the web portal automatically sends the corresponding notification to the potential supplier who submitted the application for participation in the competition.
A potential supplier submits only one application to participate in the competition.
The application for participation in the competition of a potential supplier is subject to automatic rejection by the web portal in the following cases:

1) a potential supplier has previously submitted an application to participate in this competition;

2) the application for participation in the competition was received on the web portal after the deadline for accepting applications for participation in this competition has expired;

3) the competitive price offer exceeds the amount allocated for the purchase of these goods, works, services;

4) provided for by sub-paragraphs 1), 3), 4), 5), 6) and 8) paragraph 1 of article 6 of the Law.

The term of application for participation in the competition submitted by the potential supplier for participation in the competition, is not less than sixty calendar days from the date of opening of bids for participation in the contest, and must meet the required deadline set by the tender documentation.

Footnote. Item 108 as amended by order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication); from 29.12.2018 No. 1130 (effective from 01.01.2019).

The application of a potential supplier to participate in the competition is automatically registered on the web portal.

An application is considered submitted when a potential security provider submits an application to participate in the competition.

Footnote. Item 109 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

The potential supplier, if necessary, changes or withdraws its bid for participation in the competition at any time before the deadline for submission of bids for participation in the competition, without losing the right to refund the security of its bid for participation in the competition.

Withdrawal of applications for participation in the competition after the deadline for their submission is not allowed.

It is not allowed to make changes and (or) additions to applications for participation in the competition after the expiration of the deadline for their submission, except for the case provided for in paragraph 126 of these Rules.
It is allowed for a potential supplier to submit individual documents required in accordance with the tender documentation, obtained by contacting state information systems and (or) state databases, or by filling out an electronic form using a web portal.

Paragraph 9. Securing the application for participation in the competition

The security of the application for participation in the competition is paid in the amount of one percent of the amount allocated for the purchase of goods, works, and services.

In case of participation in the competition for several lots, the potential supplier has the right to submit the security of the application for participation in the competition for each lot separately.

The web portal automatically determines whether the application for participation in the competition is appropriate when a potential supplier submits an application for participation in the competition.

Footnote. Paragraph 113-as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 28.02.2020 No. 205 (effective from 01.03.2020).

The potential supplier selects one of the following types of collateral for the application to participate in the competition:

1) money held in the potential supplier's e-wallet;

2) a Bank guarantee provided in the form of an electronic document. The provision of a Bank guarantee in hard copy is allowed in the cases provided for in article 50 of the Law.

It is not allowed for a potential supplier to perform actions that give rise to third parties ' right to claim in General or in part of the money held in an electronic wallet.

It is not allowed for a single operator to use money held in an electronic wallet, except for the cases specified in paragraphs 117-1 and 118 of these Rules.

Footnote. Item 114 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

Excluded by order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

The security of the application for participation in the competition, made in the form of an electronic Bank guarantee, is not returned by the organizer of public procurement to the potential supplier in one of the following cases:

1) a potential supplier identified as the winner of the competition has avoided entering into a public procurement contract;

2) the winner of the competition, having concluded the contract, did not fulfill or improperly fulfilled, including untimely fulfilled the requirements established by the competition documentation on making and (or) terms of payment of security for the performance of the contract and (or) the amount in accordance with article 26 of the Law.

Footnote. Item 117 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

117-1. The security of the application for participation in the competition, made via an electronic wallet, is blocked by the unified operator and is not returned to the potential supplier in one of the following cases:

1) a potential supplier identified as the winner of the competition has avoided entering into a public procurement contract;

2) the winner of the competition, concluding the contract on public procurement is not performed or improperly performed, including late performed, the requirements of the tender documentation on making and (or) the timing of enforcement of the contract on public procurement and (or) amount in accordance with article 26 of the Law.

Footnote. The rules are supplemented by paragraph 117-1 in accordance with the order of the First Deputy Prime Minister of the Republic of Kazakhstan-the Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

In the event of one of the cases provided for in paragraphs 117 and 117-1 of these Rules, the amount of security for the application to participate in the competition is credited to the income of the relevant budget, state enterprise, legal entity, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state, or legal entities affiliated with them.

A single operator within five working days from the date of receipt from the customer of the application through a web portal transfers with the electronic purse of the potential supplier of the blocked money to ensure the application specied in the statement of the customer account if the potential supplier evaded from the conclusion of the contract or signing an agreement is not made enforcement of the contract and (or) amount in accordance with article 26 of the Law.

Footnote. Paragraph 118 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

The organizer returns to the potential supplier the security of the application for participation in the competition in the form of an electronic Bank guarantee, within three business days from the date of occurrence of one of the following cases:

1) publication of the opening report in cases when this potential supplier withdraws its application for participation in the competition before the deadline for submitting applications for participation in the competition expires;

2) signing the Protocol on the results of public procurement by means of a tender. This case does not apply to the contestant determined by the winner of the contest;

3) signing by a potential supplier of a public procurement contract and making a security for the performance of the contract and (or) the amount in accordance with article 26 of the Law (if available).

Footnote. Item 119 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

119-1. A single statement automatically unlocks the potential supplier of a blocked provision of the application for participation in the competition in the following cases:

1) this potential supplier withdraws its application for participation in the competition before the deadline for submitting applications for participation in the competition expires;

2) signing the Protocol on the results of public procurement by means of a tender. This case does not apply to the contestant determined by the winner of the contest;

3) signing by the potential supplier of the public procurement contract and making it a security for the execution of the public procurement contract, as well as the amount in accordance with article 26 of the Law (if available).

Footnote. The rules are supplemented by paragraph 119-1 in accordance with the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

119-2. At the request of a potential supplier to return money placed on its e-wallet, the unified operator returns the specified money within three working days from the date of receipt of such a request, for which the blocking has not been implemented or the blocking has been terminated.

Footnote. The rules are supplemented by paragraph 119-2 in accordance with the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

Paragraph 10. Opening of applications for participation in the competition

Applications for participation in the competition are opened automatically by the web portal within five minutes after the deadline for submitting applications for participation in the competition expires.
If only one application for participation in the competition (lot) is submitted to the competition (lot), such application is also opened and considered in accordance with these Rules.
The Protocol of opening applications for participation in the competition is published by the web portal automatically at the time of opening them in accordance with Annex 6 to these Rules. At the same time, the web portal sends automatic notifications to members of the competition Commission and potential suppliers who have submitted applications for participation in the competition.
Potential suppliers who have submitted an application for participation in the competition, after three working days from the date of posting the pre-admission Protocol, are granted access to view applications for participation in this competition from other potential suppliers, with the exception of competitive price offers.

Footnote. Paragraph 123-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 11. Consideration of applications for participation in the competition

the Competition Commission reviews applications for participation in the competition through the web portal in order to identify potential suppliers who meet the qualification requirements and requirements of the competition documentation.
Not later than one working day from the date of opening of applications for participation in the competition Secretary competition Commission provides for consideration by the expert Committee or expert, in case of its creation (attract), technical specifications for goods, works, services offered by potential suppliers in the application, in order to determine their compliance with the requirements of the tender documentation, with the exception of state procurement, where the tender documentation is the technical specifications contain design documentation, passed the examination in accordance with the legislation of the Republic of Kazakhstan.

125-1. When considering applications for participation in the competition for compliance of potential suppliers with the qualification requirements and requirements of the competition documentation, the competition Commission in accordance with paragraph 5 of article 27 of the Law:

1) in writing and (or) in the form of an electronic document, requests materials and explanations from potential suppliers in connection with their applications in order to simplify the consideration, evaluation and comparison of applications for participation in the competition;

2) in order to clarify the information contained in applications for participation in the competition, in writing and (or) in the form of an electronic document, requests the necessary information from the relevant individuals or legal entities, state bodies.

Footnote. The rules are supplemented by paragraph 125-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

the Competition Commission, in case of identifying potential suppliers who do not meet the qualification requirements and requirements of the competition documentation, grants such potential suppliers the right to bring applications for participation in the competition in accordance with the qualification requirements and requirements of the competition documentation within three working days from the date of posting the Protocol of preliminary admission to participate in the competition on the web portal.

Potential suppliers are not granted the right to bring applications for participation in the competition in accordance with the qualification requirements and requirements of the tender documentation:

1) who violated the requirements of article 6 of the Law;

2) providing false information on the qualification requirements and requirements of the tender documentation;

3) failed to provide security for the application to participate in the competition or failed to provide it in the amount determined by these Rules.

Footnote. Paragraph 126-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Based on the results of consideration of applications for participation in the competition for compliance of potential suppliers with the qualification requirements and requirements of the competition documentation, a Protocol of preliminary admission to participate in the competition is drawn up, which is signed by the Chairman and all members of the competition Commission, as well as the Secretary the competition Commission on the day of making a decision on preliminary consideration of applications for participation in the competition.
The Protocol of preliminary admission to participate in the competition, in accordance with paragraph 3 of article 27 of the Law, contains the following information:

1) a list of potential suppliers that do not meet the qualification requirements and requirements of the tender documentation, with a detailed description of the reasons for their rejection, including information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation;

2) a list of documents that must be submitted and brought into compliance with the qualification requirements and requirements of the tender documentation to a potential supplier via a web portal.

Footnote. Item 128 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

If potential suppliers meet the qualification requirements and requirements of the competition documentation, the Protocol of preliminary admission to participate in the competition is not issued.
The decision of the competition Commission on preliminary admission of potential suppliers to participate in the competition is made within ten working days from the date of opening of applications for participation in the competition and is posted by the Secretary of the competition Commission on the web portal, in accordance with Annex 7 to these Rules, with automatic notification by email of all potential suppliers who have submitted applications for participation in the competition.
The Protocol of preliminary admission to participate in the competition is signed on the web portal by all members of the competition Commission.
In case of disagreement with the decision of the jury any member of the tender Commission has the right to a dissenting opinion, which is attached to the Protocol of preliminary admission to participation in the contest and posted on the web portal in the form of electronic document.

If there is no signature of any member of the competition Commission to the relevant Protocol of preliminary admission to participate in the competition, the Secretary of the competition Commission shall post a document or information on the web portal containing the reason for the absence of a signature.

After the expiration of the period established by paragraph 126 of these Rules, the Secretary of the competition Commission initiates the procedure for reconsideration of applications for participation in the competition, brought in accordance with the qualification requirements and requirements of the competition documentation, via the web portal.
When re-examining applications for participation in the competition, the competition Commission:

1) re-examines the applications for participation in the competition potential suppliers, listed by the Protocol of preliminary admission to participation in competition, for completeness bring them into compliance with the qualification requirements and the requirements of the tender documentation, the list of documents referred to in the Protocol of preliminary admission to participation in competition;

2) determines potential suppliers who have submitted an incomplete list of documents specified in the Protocol of preliminary admission to participate in the competition that does not meet the qualification requirements and requirements of the tender documentation;

3) in accordance with paragraph 5 of article 27 of the Law may, in writing and (or) in the form of an electronic document request from potential suppliers, applying for participation in the competition which was given in compliance with the qualification requirements and the requirements of the tender documents, materials and explanations in connection with their applications for participation in the competition, in order to simplify the discussion, evaluation and comparison of applications for participation in the competition;

4) in accordance with paragraph 5 of article 27 of the Law, in order to clarify the information contained in applications for participation in the competition, which have been brought into compliance with the qualification requirements and requirements of the competition documentation, in writing and (or) in the form of an electronic document, request the necessary information from the relevant individuals or legal entities, state bodies.

Footnote. Item 134 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

It is not allowed to send a request and other actions of the competition Commission related to adding missing documents to the application for participation in the competition, replacing the documents submitted in the application for participation in the competition, bringing into compliance improperly executed documents after the expiration of the period established in paragraph 126 of these Rules.
In order to clarify the compliance of potential suppliers with the qualification requirements in terms of their non-participation in the bankruptcy or liquidation procedure, the competition Commission considers information posted on the Internet resource of the authorized body that monitors the conduct of bankruptcy or liquidation procedures.
The competition Commission, when reviewing applications for participation in the competition, is not allowed to reject potential suppliers on grounds not provided for in the Protocol of preliminary admission.
A potential supplier is not allowed to participate in the competition (recognized by the participant) after the enforcement of applications for participation in competition in accordance with qualifying requirements and requirements of competitive documentation if:

1) he and (or) engaged a subcontractor (coauthor) are defined not corresponding to qualifying requirements and conditions of the tender documentation on the grounds specified by Law and these Rules;

2) he violated the requirements of article 6 of the Law.

If a potential supplier is not allowed to participate in the competition on the grounds provided for in subparagraph 2) of paragraph 138 of these Rules, the Protocol on the results of public procurement by means of the competition shall specify the reasons for rejecting the application for participation in the competition of such a potential supplier, indicating the supporting information and documents that served as the basis for rejection.
Based on the results of repeated consideration of applications for participation in the competition the competition Commission:

1) identifies potential suppliers who meet the qualification requirements and requirements of the tender documentation, and recognizes them as participants in the tender;

2) apply and calculate the criteria that affect the competitive price offer;

3) within five working days from the date of expiry of re-submission by potential suppliers of applications for participation in the tender, harmonized with the qualification requirements and the requirements of the tender documentation, draws up a Protocol on results the state purchases by way of competition in accordance with Annex 8 to this Regulation.

Footnote. Paragraph 140-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

The Protocol on results the state purchases by way of competition is attached in the form of electronic document expert opinion on the conformity of goods, works and services to the requirements of the tender documentation, the special opinion of a member of the expert Commission, if any.
The Protocol on the results of public procurement by means of a tender, in accordance with paragraph 2 of article 28 of the Law, contains the following information:

1) on bringing applications for participation in the competition in accordance with the qualification requirements and requirements of the competition documentation;

2) requests of the competition Commission in accordance with sub-paragraphs 3) and 4) of paragraph 134 of these Rules;

3) about potential suppliers whose applications for participation in the competition were rejected, with a detailed description of the reasons for their rejection, including information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation;

4) on the application by the competition Commission of the criteria affecting the competitive price offer provided for in the competition documentation;

5) determining the winner based on the lowest conditional price.

Footnote. Paragraph 142 as amended by order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

The Protocol on results the state purchases by way of competition subscribes to the web-portal by all members of the competition Committee and is Secretary of the competitive Commission in day of adoption of the decision on the results of the state purchases by way of competition on the web portal with automatic notification of all potential suppliers that have submitted applications for participation in the competition.
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 28.02.2020 No. 205 (effective from 01.03.2020).

The amount of security for the application to participate in the competition, calculated in tiyns, is rounded off. In this case, the amount less than fifty tiyns is rounded to zero, and the amount equal to fifty tiyns or higher is rounded to one tenge.
it is allowed to make a security application for participation in the competition for the total amount of lots of the competition in which the potential supplier takes part.
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 28.02.2020 No. 205 (effective from 01.03.2020).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 28.02.2020 No. 205 (effective from 01.03.2020).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 28.02.2020 No. 205 (effective from 01.03.2020).

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Item 150 is provided for in the wording of the order of the First Deputy Prime Minister of the Republic of Kazakhstan-the Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.07.2020 and valid until 01.01.2021).

A potential supplier is not allowed to participate in the competition (cannot be recognized as a participant in the competition) if:

1) he and (or) his subcontractor or co-executor are determined not to meet the qualification requirements for the following reasons:

absence of permits (notifications) received (sent) in accordance with the legislation of the Republic of Kazakhstan on permits and notifications, information about which is confirmed in the information systems of state bodies. If there is no information in the information systems of state bodies, the potential supplier shall submit a notarized copy of the relevant permit (notification) received (sent) in accordance with the legislation of the Republic of Kazakhstan on permits and notifications;

failure to submit electronic copies or in the form of an electronic document of patents, certificates, certificates, or other documents confirming the right of a potential supplier to manufacture, process, supply and sell purchased goods, perform work, or provide services;

the presence of tax arrears and arrears on mandatory pension contributions, mandatory professional pension contributions and social contributions in an amount exceeding six times the monthly calculation index established for the corresponding financial year by the law on the Republican budget, determined by the web portal automatically on the basis of information from state revenue agencies;

failure to submit, as well as incomplete information about qualifications in accordance with annexes 5, 5-1, 6 and 7 to the tender documentation;

non-compliance of a potential supplier with the qualification requirements in terms of having experience in the market of purchased goods, works, services, the availability of which is established in the tender documentation;

non-compliance of a potential supplier with the qualification requirements in terms of possessing material and labor resources sufficient to fulfill the obligations under the contract specified in the tender documentation;

the fact of submission of unreliable information on qualification requirements is established;

subject to bankruptcy or liquidation proceedings;

2) if its application for participation in the competition is determined not to meet the requirements of the competition documentation on the following grounds:

failure to submit the technical specification, except for the case when the tender documentation instead of the technical specification contains design and estimate documentation that has passed examination in accordance with the legislation of the Republic of Kazakhstan;

submission by a potential supplier of a technical specification that does not meet the requirements of the tender documentation, as well as failure to submit documents required by the technical specification;

failure to provide information about subcontractors for the performance of works (co-executors in the provision of services) that are the subject of procurement at the tender, as well as the types of works and services transferred by a potential supplier to subcontractors (co-executors), in accordance with Annex 10 to the tender documentation (if a potential supplier involves subcontractors (co-executors);

transfer by a potential supplier to subcontractors (co-executors) for subcontracting (co-execution) in the aggregate more than one second of the volume of work (construction cost), services in the case of submission of information about subcontractors;

failure to provide security for the application to participate in the competition in accordance with the requirements of the competition documentation and these Rules;

the fact of submission of false information on the documents submitted in the tender application was established;

3) has restrictions related to participation in public procurement provided for in article 6 of the Law. On restrictions related to participation in public procurement provided for in sub-paragraphs 1), 3), 4), 5), 6) and 8) paragraph 1 of article 6 of the Law, the application for participation in the competition of a potential supplier is subject to automatic rejection by the web portal. According to the restrictions related to participation in public procurement provided for in sub-paragraphs 7), 9), 10) and 11) of paragraph 1 of article 6 of the Law, the competition Commission reviews information on the Internet resources of the relevant authorized bodies.

Footnote. Item 150 as amended by order of the First Deputy Prime Minister of Kazakhstan – Minister of Finance of RK dated 27.02.2019 No. 142 (shall be enforced from 01.03.2019); as amended by the order of the First Deputy Prime Minister of Kazakhstan – Minister of Finance of RK dated 05.06.2019 No. 545 (shall be enforced from 01.07.2019); from 20.08.2019 No. 899 (shall be enforced from 01.09.2019).

Expert Commission or expert within the terms set by the Chairman of the competition Commission, but not later than the deadline for consideration of applications for participation in the competition:

1) review and examine, within its competence, the completeness of documents submitted by potential suppliers to confirm the compliance of their proposed goods, works, services with the requirements of the tender documentation;

2) draw up, sign and submit an expert opinion on the compliance or non-compliance of goods, works and services offered by potential suppliers with the technical specification, which is an integral part of the tender documentation, to the Secretary of the tender Commission.

The expert opinion must also contain information about exceeding the functionality, technical parameters, quality characteristics and operational conditions of goods and services (if any) offered by potential suppliers, in relation to the characteristics of goods and services specified in the technical specification of the tender documentation.

The expert opinion is signed and initialed by all experts, except for cases when the expert expresses a special opinion.

After receiving the expert opinion, the Secretary of the competition Commission posts the expert opinion on the web portal and sends notifications to all members of the competition Commission via the web portal. The competition Commission considers applications for participation in the competition taking into account the expert opinion.

152-1. The tender documentation provides for the following criteria that affect the tender price offer:

1) the potential supplier has experience in the market of goods, works, services that are the subject of public procurement during the last ten years preceding the current year;

2) indicator of taxes paid;

3) functional, technical, quality and operational characteristics of the goods and (or) the costs of operation, maintenance and repair of the purchased goods.

Footnote. The rule was amended by paragraph 152-1 shall, in accordance with the order of the Minister of Finance of RK from 29.12.2018 No. 1130 (shall be enforced from 01.01.2019); as amended by order of the First Deputy Prime Minister of Kazakhstan – Minister of Finance of RK dated 27.12.2019 No. 1438 (shall be enforced from 01.01.2020).

The competition Commission, when forming a Protocol on the results of public procurement by means of a tender, determines conditional discounts in accordance with the criteria provided for in the tender documentation, in accordance with paragraph 152-1 of these Rules, in relation to each potential supplier that submitted an application for participation in the competition, except for cases when one application is submitted for participation in the competition.

If a potential supplier fails to submit documents confirming these criteria, the competition Commission does not apply the appropriate conditional discount to such potential supplier.

Footnote. Paragraph 153 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

the Competition Commission assigns a conditional discount of zero point five percent (0.5 %) for each year that a potential supplier has experience in the market of purchased goods and services, but no more than five percent.

The percentage effect on the conditional price for having experience in the market of purchased goods and services is determined in accordance with annexes 6 and 7 to the tender documentation.

Footnote. Item 154-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

If a potential supplier has experience as a General contractor, the competition Commission assigns a conditional discount of one percent (1 %) for each year of experience of the potential supplier in the market of purchased works, including for similar (similar) types of work that are the subject of the competition.

If a potential supplier has experience as a subcontractor, the competition Commission assigns a conditional discount of zero point five percent (0.5 %) for each year of experience in the market of purchased works, including for similar (similar) types of work that are the subject of the competition.

If within one year the potential supplier has completed the works purchased at the competition, including for similar (similar) types of work, on more than one construction object, the competition Commission assigns a conditional discount of zero point two percent (0.2 %) for each subsequent construction object. If these works are performed by a potential supplier as a subcontractor, the competition Commission assigns a conditional discount of zero point one percent (0.1 %) for each subsequent construction object.

The construction object is defined as work performed under a single civil contract, the subject of which corresponds to the subject of public procurement.

If the subject of the competition is work not related to construction, the competition Commission assigns a conditional discount of zero point two percent (0.2 %) for each subsequent work performed that is similar to the types of work being purchased.

Works are understood as works performed within the framework of a single civil contract, the subject of which corresponds to the subject of public procurement.

If the allocated amount for public procurement by means of a tender (lot) does not exceed two hundred thousand times the amount of the monthly calculation index established for the corresponding financial year, the total percentage effect on the conditional price of the application for participation in the tender of this criterion does not exceed five percent.

If the allocated amount for public procurement by means of a tender (lot) exceeds two hundred thousand times the amount of the monthly calculation index established for the corresponding financial year, the total percentage effect on the conditional price of the application for participation in the tender of this criterion does not exceed ten percent.

The percentage effect on the notional price for work experience is determined in accordance with appendices 5 and 5-1 to the tender documentation.

Footnote. Item 155 as amended by order of the First Deputy Prime Minister of Kazakhstan – Minister of Finance of RK dated 27.12.2019 No. 1438 (shall be enforced from 01.01.2020).

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Paragraph 156 is provided for in the wording of the order of the First Deputy Prime Minister of the Republic of Kazakhstan-the Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2021 and valid until 01.01.2022).

If a potential supplier has a tax rate of more than three percent, the web portal automatically assigns a conditional discount for each one exceeding one tenth (0.1) percent in the amount of one tenth (0.1) percent, but no more than three percent.

Footnote. Paragraph 156 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

Non-compliance with the technical specification for goods, works, services of a potential supplier with the technical specification specified in the tender documentation is allowed if better functional, technical, operational and quality characteristics of the goods (services), technological solutions and (or) performance of works from the best materials are offered.
When considering the availability of work experience of a potential supplier participating in the competition, the competition Commission considers work experience only in the market for the supply of goods, performance of works and provision of services purchased at this competition, including similar types of goods, works and services.
The criterion – functional, technical, quality and operational characteristics of the goods and (or) the cost of operation, maintenance and repair of the purchased goods, is applied in accordance with the conclusion of the expert Commission or expert (if available). Total percentage influence on the conditional price of the applications for participation in the competition, this criterion shall not exceed ten percent.

Footnote. Item 162 as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

If the functional characteristics of the goods in the technical specification proposed by potential suppliers in the application for participation in the competition exceed the limits of the capabilities of the goods set in the technical specification of the tender documentation, the tender Commission sets zero point five percent (0.5 %) for each opportunity. The total percentage effect on the conditional bid price of this criterion does not exceed three percent (3 %).

Footnote. Paragraph 163 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

If the technical characteristics of the goods in the technical specification proposed by potential suppliers in the application for participation in the competition exceed (improve) the parameters of the goods set in the technical specification of the tender documentation, the tender Commission sets zero point five percent (0.5%) for each exceeded parameter. The total percentage effect on the conditional bid price of this criterion should not exceed three percent (3%).

Footnote. Item 164 as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

If the quality characteristics of the goods in the technical specification proposed by potential suppliers in the application for participation in the competition exceed (improve) the requirements and purpose of the goods that are set in the technical specification of the tender documentation, the tender Commission sets five percent (5%) for this characteristic.

Footnote. Paragraph 165 of the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

If the performance characteristics of the goods (service life, transportation, storage conditions, operation, maintenance and repair costs) set out in the technical specification proposed by potential suppliers in the tender application exceed (improve) the conditions set out in the technical specification of the tender documentation, the tender Commission shall set zero point five percent (0.5 %) for each exceeded condition. The total percentage effect on the conditional bid price of this criterion should not exceed three percent (3%).
In the absence of a conclusion of the expert Commission or expert, the criteria provided for in paragraphs 163-166 of these Rules shall not be applied by the competition Commission.
an Application for participation in the competition is recognized as meeting the requirements of the competition documentation if it contains grammatical or arithmetic errors that can be corrected without affecting the substance of the submitted application for participation in the competition.

Paragraph 12. Evaluation and comparison of competitive prices

offers

the Competitive price offer is opened automatically by the web portal based on the results of consideration of the application for participation in the competition for compliance with the qualification requirements and requirements of the tender documentation.
The web portal automatically compares the conditional prices of contest participants and determines the winner of the competition based on the lowest conditional price.
The bidder who takes the second place based on the results of evaluation and comparison of competitive price offers is determined on the basis of the conditional price following the lowest conditional price.
If the conditional prices of competitive price offers are equal, the winner is the contestant who has a higher index of taxes paid, which is determined automatically by the web portal according to the information systems of state revenue bodies.

If the indicators of taxes paid are equal, the winner is the participant whose application for participation was received earlier than the applications for participation in the competition from other potential suppliers.

Footnote. Item 172 in the wording of the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 27.12.2019 No. 1438 (effective from 01.01.2020).

The results of evaluation and comparison of competitive price offers are placed in the Protocol on the results of public procurement by means of a tender in accordance with paragraph 142 of these Rules.

Paragraph 13. Procedure for determining the dumping price of an application for

participation in the competition

The price of the application for participation in the tender potential vendor for the work admits dumping if it is below the price specified in the feasibility study (for the development of design and estimate documentation) and the design-budget documentation, examination held in accordance with the legislation of the Republic of Kazakhstan (technical documentation for medium repair of existing public roads), more than ten percent.

Footnote. Paragraph 174-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

174-1. excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

The price of the application for participation in the tender potential vendor to work on the development of the feasibility study, design and construction (standard design-estimate) documentation and urban planning projects recognized in dumping if it is below the price calculated by the customer in accordance with the State regulations for determining the cost of design work for construction in the Republic of Kazakhstan, the approved Order of the Chairman of Committee on Affairs of construction and housing and communal services of the Ministry of national economy of the Republic of Kazakhstan from November 28, 2016 No. 232-NC registered in the Register of state registration of normative legal acts under No. 14642, in the field of architectural, urban planning and construction activities, by more than fifteen percent.

Footnote. Paragraph 175-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

175-1. The price of the application for participation in the tender potential vendor (accredited expert organizations) to work on a comprehensive departmental examination of projects of construction of objects admits dumping, if it is below value set in accordance with the Rules of cost determination of works on carrying out of complex independent expertise of projects of objects construction and complex town-planning examination of projects of town and country planning at various levels, approved by order No. 780 of the acting Minister of national economy of the Republic of Kazakhstan dated December 21, 2015 (registered in the Register of state registration of normative legal acts under No. 12681).

Footnote. The rules are supplemented by paragraph 175-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 03.10.2016 No. 521 (effective from 01.01.2017); as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

The price of an application for participation in the competition of a potential supplier for the provision of engineering services in the field of architectural, urban planning and construction activities (technical and author supervision, project management) is recognized as dumping if it is lower than the price calculated in accordance with approved state standards by more than fifteen percent.

Footnote. Paragraph 176 as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

The price of the application for participation in the competition of a potential supplier for goods, works (except for works provided for in paragraphs 174, 175, 175-1 of these Rules), services (except for services provided for in paragraph 176 of these Rules), is recognized as dumping if it is lower than the price allocated for the competition by more than twenty percent.

Footnote. Paragraph 177 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

It is allowed to submit a dumping price for public procurement of goods, works, and services provided for in paragraph 177 of these Rules, provided that the potential supplier makes an amount equal to the reduced amount of the minimum allowable price, which is not recognized as dumping, in addition to ensuring the performance of the contract.

Footnote. Paragraph 178 as amended by the order of the acting Minister of Finance of the Republic of Kazakhstan dated 20.08.2019 No. 899 (effective from 01.09.2019).

178-1. In the cases provided for in paragraphs 174 – 176 of these Rules, submission of dumping prices is not allowed.

Footnote. The rules are supplemented by paragraph 178-1 in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 14. Grounds for recognition of the competition failed

The competition is declared invalid on one of the following grounds:

1) absence of submitted applications for participation in the competition;

2) submission of less than two applications for participation in the competition;

3) no potential supplier is allowed to participate in the competition;

4) one potential supplier is allowed to participate in the competition.

If public procurement is declared invalid by means of a tender, the customer makes one of the following decisions:

1) on re-conducting public procurement by means of a tender;

2) on changing the tender documentation and re-conducting public procurement by means of a tender.

If repeated public procurements are declared invalid by the tender method, the customer shall, in accordance with paragraph 3 of article 29 of the Law, carry out public procurements from a single source in the following cases:

1) absence of submitted applications for participation in the competition. At the same time, a potential supplier who receives an invitation to participate in public procurement from a single source is determined by the customer;

2) submission of less than two applications for participation in the competition. At the same time, an invitation to participate in public procurement from a single source is sent to the potential supplier who submitted an application for participation in the competition. The price of the concluded public procurement contract must not exceed the competitive price offer of the potential supplier specified in the application for participation in the competition.

Footnote. Paragraph 180-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Paragraph 15. Features of public procurement

contest method using two-stage procedures

Public procurement by means of a tender using two-stage procedures is carried out according to the list of goods, works, services approved by the authorized body, in cases when:

1) it is difficult to formulate detailed specifications of goods, works, services and determine their technical and other characteristics, and (or) it is necessary to request proposals from potential suppliers or negotiate with them on any issues that arise;

2) it is necessary to conduct research, experiments, research or development;

3) innovative and high-tech goods, works, and services are purchased.

Footnote. Paragraph 181-as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.12.2018 No. 1130 (effective from 01.01.2019).

Public procurement by means of a tender using two-stage procedures is a set of the following consecutive stages:

1) at the first stage, the following activities are carried out:

customer identification of the organizer;

formation of an expert Commission by the organizer or determination of an expert;

based on the customer's needs, an expert Commission or an expert creates a technical task for the purchased goods, works, and services;

placing an ad on the web portal about conducting public procurement by means of a competition using two-stage procedures;

submission of the technical task by the organizer to persons interested in participating in the first stage of public procurement by means of a tender using two-stage procedures;

submission of technical proposals developed in accordance with the terms of reference by potential suppliers;

consideration by the expert Commission or expert of technical proposals of potential suppliers and discussion with them of issues related to technical, quality and (or) other characteristics of the purchased goods, works, services, and contractual terms of their delivery (performance, rendering);

development by an expert Commission or expert of the technical specification of purchased goods, works, services;

development of tender documentation by the organizer and its approval by the first head of the customer or by a person acting as his / her duties or by the Executive Secretary or other official exercising the powers of the Executive Secretary;

sending an invitation by the organizer to potential suppliers who submitted technical proposals at the first stage to participate in the second stage of public procurement by means of a competition using two-stage procedures;

2) at the second stage, the measures provided for public procurement by means of a tender are implemented.

Footnote. Paragraph 182 as amended by order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

A potential supplier does not provide security for an application to participate in a tender if it participates in the first stage of public procurement by means of a tender using two-stage procedures.

Paragraph 16. Features of the competition implementation with

pre-qualification selection

the Competition with preliminary qualification selection is carried out according to the list of goods, works, services approved by the authorized body in accordance with paragraph 1 of article 31 of the Law.

Footnote. Paragraph 184 as amended by the order of the Minister of Finance of the Republic of Kazakhstan dated 29.02.2016 No. 93 (effective from the date of its first official publication).

The pre-qualification competition is held in the following order:

1) at the first stage, the qualification body forms a list of qualified potential suppliers;

2) at the second stage, the customer carries out public procurement by means of a competition among potential suppliers included in the list of qualified potential suppliers.

Footnote. Item 185 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

To be included in the list of qualified potential suppliers, it is necessary to meet the conditions in accordance with Annex 4-1 to these Rules.

Footnote. Paragraph 186 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

The list of qualified potential suppliers is formed automatically by the qualification authority based on data from the relevant information systems.

The list of qualified potential suppliers does not include potential suppliers that have the restrictions provided for in sub-paragraphs 3), 4), 5), 6), 7), 8), 9) and 10) paragraph 1 of article 6 of the Law.

Footnote. Paragraph 187 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

The list of qualified potential suppliers is formed according to the form in accordance with Annex 4-2 to these Rules.

Footnote. Paragraph 188 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

The list of qualified potential suppliers includes the following information:

1) the scope of activity of a potential supplier in accordance with the List of goods, works, services for which public procurement is carried out by means of a tender with pre-qualification selection provided for in paragraph 1 of article 31 of the Law (hereinafter-the List);

2) information about a qualified potential supplier:

name of the potential supplier;

the country of the potential supplier;

for residents of the Republic of Kazakhstan – business identification number (BIN) (for legal entities), individual identification number (IIN) (for individuals);

for residents of the Russian Federation – taxpayer identification number (TIN) (for legal entities), insurance number of individual personal account (SNILS) (for individuals);

for residents of the Republic of Belarus-payer's registration number (UNP) (for legal entities);

3) the name, number and date of issue of the document on the basis of which the potential supplier is included in the List of qualified potential suppliers.

Footnote. Paragraph 189 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

Potential suppliers are automatically excluded from the list of qualified potential suppliers in the following cases:

1) inclusion of a potential supplier in the register of unfair participants in public procurement;

2) availability of restrictions related to participation in public procurement provided for in sub-paragraphs 3), 4), 5), 6), 7), 8), 9) and 10) paragraph 1 of article 6 of the Law.

Footnote. Item 190 as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

When implementing the second stage of the competition with pre-qualification selection, the procedure for conducting public procurement through the competition method is used.

Footnote. Item 191-as amended by the order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).
Excluded by order of the First Deputy Prime Minister of the Republic of Kazakhstan-Minister of Finance of the Republic of Kazakhstan dated 05.06.2019 No. 545 (effective from 01.07.2019).

Дата публикации

18 июня 2020