In accordance with paragraph 3 of Article 50 of the Law of the Republic of Kazakhstan "On Public Procurement", I ORDER:
1. To approve the attached Rules for the implementation of public procurement using a special procedure.
2. The Department of Public Procurement Legislation and Quasi-Public Sector Procurement of the Ministry of Finance of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:
1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of the Legal Service of the Ministry of Finance of the Republic of Kazakhstan of information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.
3. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Deputy Prime Minister
- Minister of Finance
of the Republic of Kazakhstan E. Zhamaubayev
Approved by the order
Deputy Prime Minister
- Minister of Finance
of the Republic of Kazakhstan
dated June 20, 2023 No. 686
Rules for the implementation of public procurement using a special procedure
1. These Rules for Public Procurement using a special procedure (hereinafter referred to as the Rules) have been developed in accordance with paragraph 3 of Article 50 of the Law of the Republic of Kazakhstan "On Public Procurement" (hereinafter referred to as the Law) and determine the procedure for public procurement using a special procedure.
Chapter 1. General provisions
2. The following concepts are used in these Rules:
1) a potential supplier is an individual engaged in entrepreneurial activity, a legal entity (with the exception of state institutions, unless otherwise established for them by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) applying for the conclusion of a public procurement contract. An individual who is not a business entity may be a potential supplier in the event that customers purchase a dwelling owned by such an individual on the right of private ownership;
2) homogeneous goods, works, services – goods, works, services that, while not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions;
3) works – activities having a tangible result, as well as other activities classified as works in accordance with the laws of the Republic of Kazakhstan;
4) competitive price offer – the price offered by a potential supplier for participation in public procurement by means of a tender, attached to the application for participation in the tender;
5) services – an activity aimed at meeting the needs of the customer, which does not have a tangible result;
6) the organizer of public procurement (hereinafter referred to as the organizer) is a legal entity or a structural unit acting on behalf of the legal entity that created it, organizing and conducting public procurement in accordance with Article 7 of the Law;
7) the web portal of public procurement (hereinafter referred to as the web portal) is an information system of a public authority that provides a single point of access to electronic public procurement services;
8) supplier – an individual engaged in entrepreneurial activity, a legal entity (with the exception of state institutions, unless otherwise established by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) acting as a counterparty to the customer in a public procurement contract concluded with him. An individual who is not a business entity may be a supplier in the event that customers purchase a dwelling belonging to such an individual on the right of private ownership;
9) customers – state bodies, state institutions, as well as state-owned enterprises, legal entities, fifty or more percent of voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them, with the exception of:
national management holdings, national holdings, national management companies, national companies and legal entities affiliated with them;
The National Bank of the Republic of Kazakhstan, its departments, organizations that are part of the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty or more percent of the voting shares (shares in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities affiliated with them;
state-owned enterprises as property complexes, legal entities, fifty percent or more of the voting shares (shares in the authorized capital) of which belong to the state, and affiliated legal entities transferred to the trust management of individuals or non-governmental legal entities with the right of subsequent redemption;
10) goods – objects (things), including semi-finished products or raw materials in solid, liquid or gaseous state, electric and thermal energy, objects of intellectual property rights, as well as property rights with which it is possible to make purchase and sale transactions in accordance with the laws of the Republic of Kazakhstan;
11) an authorized representative is a user of a web portal participant who, by a corresponding decision of the first head of the web portal participant, has been delegated the rights to perform all actions on the web portal, including the certification of electronic copies of documents.
3. Other concepts used in these Rules are applied in accordance with the current legislation of the Republic of Kazakhstan.
Chapter 2. Planning of public procurement of goods, works, services
4. Public procurement using a special procedure (hereinafter referred to as public procurement) is carried out in cases of acquisition:
1) goods, works, services for ensuring the needs of law enforcement and national security, information about which constitute state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) contain official information of limited distribution in accordance with the Decree of the Government of the Republic of Kazakhstan dated June 24, 2022 No. 429 "On approval of the Rules for Classifying information as official information limited distribution and work with it" (hereinafter referred to as the Government Decree);
2) goods, works, services, information about which constitute state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) contain official information of limited distribution, determined by a Government decree.
5. The decision on the implementation of public procurement is made by the customer on the basis of an approved or updated annual public procurement plan (preliminary annual public procurement plan).
It is not allowed to purchase goods, works, and services that are not provided for by the approved (clarified) annual public procurement plan (preliminary annual public procurement plan), except for the purchase of goods, works, and services in accordance with the sub-paragraphs 4), 9), 31), 32) and 35) of paragraph 3 of Article 39 of the Law.
6. The customer develops and approves a separate annual public procurement plan (preliminary annual public procurement plan) for goods, works, services, information about which constitute state secrets and (or) contain official information of limited distribution, determined by the Government of the Republic of Kazakhstan on the basis of the relevant budget (development plan), allocated money from the Education Infrastructure Support Fund in accordance with the legislation of the Republic of Kazakhstan or an individual financing plan in accordance with Annex 1 to these Rules.
On the basis of a positive proposal from the relevant budget commission, the customer, if necessary, before approving (clarifying) the relevant budget, develops and approves a preliminary annual public procurement plan.
Customers who are state-owned enterprises, legal entities, more than fifty percent of the voting shares (shares in the authorized capital) of which belong to the state, if necessary, develop and approve a preliminary annual public procurement plan before approving a development plan or an individual financing plan.
In these cases, a preliminary annual public procurement plan is developed and approved separately both at the stages before approval and at the stages before clarifying the relevant budget (development plan) or individual financing plan.
The development of the annual public procurement plan (preliminary annual public procurement plan) is carried out in accordance with the Law and approved by an official not lower than the deputy first head of the customer.
Chapter 3. The procedure for determining the organizer
7. To carry out the procedures for organizing and conducting public procurement, the customer determines the organizer, as well as the official of the customer representing the interests of the latter in the upcoming public procurement, except in cases when the customer and the organizer of public procurement act in one person.
8. The organizer is the customer himself directly or in the person of his structural unit responsible for the implementation of procedures for the organization and conduct of public procurement.