RCPI Note!
For the procedure for putting this order into effect, see paragraph 4
In accordance with subparagraph 1) of Article 16 of the Law of the Republic of Kazakhstan "On Public Procurement", I ORDER:
A footnote. The preamble is in the wording of the order of the Deputy Prime Minister - Minister of Finance of the Republic of Kazakhstan dated 08/31/2022 No. 904 (effective ten calendar days after the date of its first official publication).
1. To approve the attached Rules for the implementation of Public procurement.
2. To invalidate the order of the Minister of Finance of the Republic of Kazakhstan dated June 23, 2015 No. 378 "On approval of the Rules for 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").
3. The Department of Public Procurement Legislation of the Ministry of Finance of the Republic of Kazakhstan (Akhmetov S.M.) in accordance with the procedure established by law to ensure:
1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the state registration of this order, its direction for official publication in periodicals and the information and legal system "Adilet";
3) posting of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan.
4. This order shall enter into force on January 1, 2016 and shall be subject to official publication, with the exception of paragraph 16 of Section 5, which shall enter into force on April 1, 2016, as well as paragraphs 424 and 426, which shall enter into force on January 1, 2017.
Minister
B. Sultanov
Approved
by the order
Minister of Finance
of the Republic of Kazakhstan
dated December 11, 2015 No. 648
Rules for public procurement
A footnote. The rules are in the wording of the Order of the Minister of Finance of the Republic of Kazakhstan dated 14.01.2022 No. 35 (for the procedure of entry into force, see paragraph 4).
1. These Rules for Public Procurement (hereinafter referred to as the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan "On Public Procurement" (hereinafter referred to as the Law), the laws of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature", "On Informatization" and determine the procedure for public procurement.
2. The rules do not apply to public procurement with the application of a special procedure for public procurement.
Chapter 1. General provisions
3. The following concepts are used in these Rules:
1) the indicator of financial stability of a potential supplier is a set of indicators for income, taxes paid and the salary fund of a potential supplier, determined by the web portal automatically according to the data of information systems of state revenue bodies or the relevant authorized body of a potential non–resident supplier of the Republic of Kazakhstan, obtained through integration in accordance with the legislation of the Republic of Kazakhstan in the field of informatization (hereinafter – state revenue agencies), applied in accordance with the procedure specified in paragraph 293 of these Rules;
2) participant of the web portal - the customer, the organizer, the single organizer, the potential supplier who have registered on the web portal;
3) registration on the web portal - admission of the subject of the public procurement system to participate in public procurement through the web portal;
4) 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;
5) treasury support – control over the targeted use of funds allocated for the implementation of budget investment projects related to construction, ensuring the completeness of tax payments by all project participants – the general contractor and subcontractor at all stages of payments through accounts with treasury authorities for construction facilities;
6) an electronic copy of a document is a document that fully reproduces the type and information (data) of the original document in electronic and 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;
7) the public procurement web portal (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) a single operator in the field of public procurement (hereinafter referred to as a single operator) is a legal entity designated 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;
9) the authorized body in the field of public procurement (hereinafter referred to as the authorized body) is a state body that carries out management in the field of public procurement;
10) 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, generated on the web portal in accordance with the procedure defined by these Rules;
11) a public procurement contract (hereinafter referred to as the contract) is a civil law contract concluded through a web portal between the customer and the supplier, certified by electronic digital signatures, except in cases provided for by Law;
12) unified organizer of public procurement – (hereinafter referred to as the unified organizer) a legal entity designated by the Government of the Republic of Kazakhstan, the akimat of the region, cities of republican significance and the capital or the akimat of the district, city, district in the city, in accordance with paragraph 1 of Article 8 of the Law, carrying out the procedures for organizing and conducting centralized public procurement;
13) 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;
14) offtake contract - an agreement concluded between the customer and a potential supplier for the guaranteed purchase of goods planned for production in the future;
15) electronic catalog of goods is an information subsystem of a web portal designed to form a unified description of goods for the purpose of automated identification of purchased goods;
16) the indicator of taxes paid is 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 information systems of state revenue bodies, calculated in accordance with part two of subparagraph 2) of paragraph 44 of these Rules;
17) 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;
18) format and logic control is a set of software restrictions installed on the web portal aimed at ensuring that users of the web portal comply with the legislation of the Republic of Kazakhstan on public procurement;
19) electronic wallet – the personal account of a potential supplier or supplier used by a single operator to reflect the operations of a potential supplier or supplier when they deposit money into his bank account opened with the central authorized body for budget execution in accordance with the procedure determined by the authorized body related to:
providing applications for participation in the competition, auction and request for price proposals;
ensuring the execution of the contract;
providing an advance payment (if the contract provides for an advance payment);
by depositing the amount in accordance with Article 26 of the Law (if any);
20) electronic document – a document in which information is presented in electronic and digital form and certified by means of an electronic digital signature;
21) an electronic digital signature is a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its belonging and the immutability of its content.
22) starting price – the price offered by a potential supplier before the auction, attached to the application for participation in the auction, which is not lower than the allocated amount of the auction item by more than five percent;
23) the conciliation commission is a permanent collegial body established by the customer in accordance with the procedure established by Law, considering applications from potential suppliers included in the register of unscrupulous participants in public procurement due to evasion from concluding a contract;
24) framework agreement – an agreement concluded between a single organizer and (or) the organizer with potential suppliers based on the results of centralized public procurement for the purpose of subsequent conclusion of an agreement between the customer and a participant in the framework agreement;
25) an electronic store is a single information system defined by a single operator, integrated with a web portal, in which potential suppliers who meet the requirements determined by the authorized body post information about goods and their prices.