Content
Section 1. Scope of the Rules.
Section 2. Terms and definitions
Section 3. General provisions
Section 4. Procurement planning
Section 5. Procurement methods
Section 6. Procurement by means of tender
Section 7. Tender commission, expert commission (expert)
Section 8. Tender documents
Section 9. Announcement of procurement by means of tender
Section 10. Content, design and submission of tenders for participation in the tender.
Section 11. Tender opening
Section 12. Consideration of tenders, preliminary admission, admission to tender
Section 13. Evaluation, comparison and summary of tenders
Section 14. Procurement by two-stage tender
Section 15. Procurement by request for quotations
Section 16. Opening and consideration of price offers
Section 17. Procurement from a single source
Section 18. Special procedure for the procurement of housing owned by an individual who are not entrepreneurs;
Section 19. Signing and execution of the contract for procurement
Section 20. Responsibility for violation of the Rules
Section 21. Final provisions
These Rules for Procurement of Goods, Works, Services (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 3) of Clause 5 Article 6 of the Law of the Republic of Kazakhstan On the Status of Nazarbayev University, Nazarbayev Intellectual Schools and Nazarbayev Fund (hereinafter referred to as the Law) and with subparagraph 5) of Clause 7 Article 7 of Charter of the Autonomous Educational Organization "Nazarbayev Intellectual Schools", approved by the decision of the Board of Trustees of AEO "Nazarbayev Intellectual Schools" dated April 18, 2013 No. 2 and determine the procedure for the procurement of goods, works, services of the Autonomous Educational Organization "Nazarbayev Intellectual Schools" and organizations of Intellectual schools, except for non-profit organizations in the corporate form of a fund.
The Rules have been added to section 1 in accordance with the decision of Board of trustees dated December 13, 2018 No. 6.
1. Scope of the Rules.
1.1. These Rules apply to relations related to the purchase of goods, works, services necessary to ensure the functioning, as well as the performance of functions or statutory activities of the customer, except for:
1) purchase of works, services provided by individuals under an employment contract or individuals who are not entrepreneurs, under paid service contracts, including the services of private notaries, private bailiffs, and private lawyers;
2) make contributions, including to the charter capital of newly established legal entities;
3) purchase of securities, participation interests in charter capital of legal entities
4) purchase of goods, works, services carried out in accordance with international treaties of the Republic of Kazakhstan, as well as within the investment projects financed by international organizations of which the Republic of Kazakhstan is a member;
5) payment of fees and charges;
6) reimbursement of travel expenses;
7) payment of travel, accommodation and meals for students, foreign specialists and other invited persons;
8) acquisition of the right to natural resources;
9) purchase of financial services related to banking transactions carried out by the National Bank of the Republic of Kazakhstan, banks and organizations providing certain types of banking transactions on the basis of licenses obtained in accordance with the legislation of the Republic of Kazakhstan;
10) payment of remuneration and/or compensation of expenses to members of management bodies and the supervisory board;
11) purchase of goods, works, services related to usage of contributions received under sponsor support and/or beneficent help;
12) purchase of international accreditation and/or certification services in accordance with the statutory activities of the customer;
13) payment of fees for participation in exhibitions, workshops, conferences, meeting, forums, symposia, trainings, internships, training camps, fairs, olympiads, scientific projects and competitions, elective courses, extracurricular courses, including in virtual mode;
14) purchases of periodicals on paper and/or electronic media, including subscriptions to periodicals;
15) purchase of services for posting information in foreign and domestic mass media;
16) posting of articles in domestic and foreign periodicals;
17) purchases of goods and services through foreign online resources related to the main activity of the customer for an amount not exceeding the equivalent of 10,000 (ten thousand) US dollars, including through payment by credit card in accordance with the internal rules of the Customer;
18) purchase of services for training, retraining, and advanced training of employees, including educational programme, technical support, testing, test accreditations;
19) payment of arbitrations fees, expenses incidental to dispute resolution in arbitral tribunal;
20) purchase of services related to booking, registration and selling of plane, railway, river, sea and bus travel documents (tickets);
21) purchase of services from the entities conducting customs operations, payment of fees and other charges of temporary storage warehouses (TSW);
22) payment for the provision of housing and communal services and maintenance of residential and non-residential premises owned by AEO and/or organizations of Intellectual schools;
23) purchase of tickets to visit a zoo, theater, cinema, circus, museum, exhibition, sites and sports events;
24) purchase of services of the Chambers of Commerce and Industry of the Republic of Kazakhstan;
25) purchase of goods, works, services to provide material assistance;
26) purchase of goods, works, services from organizations twenty-five percent or more of the shares (participation interests) of which directly or indirectly owned by the Customer, from organizations that directly or indirectly own twenty-five percent or more of the shares (participation interests) of the Customer, from institutions founded by the Customer, from the Intellectual Schools organization;
Subparagraph 27) has been amended in accordance with the decision of the Board of Trustees December 18, 2020 No. 6.
27) purchase of medicines and medical items;
28) purchase of goods, works and services to eliminate emergency situations;
29) Purchase of services for organizing and conducting the International English Language Testing System (IELTS) exam for students of the AEO Intellectual Schools;
30) purchase of services for automation, digitalization of assessment procedures for students and/or teaching staff;
Numbers of the following sections and their paragraphs have been amended in accordance with the Board of Trustees December 13, 2018 No. 6.
2. Terms and definitions
2.1. The basic terms and definitions used in Rules:
AEO - autonomous educational organization "Nazarbayev Intellectual Schools";
affiliated entity of potential supplier - any individual or legal entity, who has the right to make decisions and/or influence the decisions made by the potential supplier, including by virtue of the transaction made in writing, and any individual or legal entity in respect of which this potential supplier has such right;
internal documents – internal regulatory documents of AEO "Nazarbayev Intellectual Schools"
types of homogeneous goods – not interchangeable homogeneous goods;
civil objects – non-industrial objects (buildings): apartment houses, residential complexes, dormitories, hotels, trade and public catering enterprises, schools, educational institutions, medical and children's institutions, theaters, culture houses, cinemas, clubs, palaces of creativity, office buildings, sports facilities, libraries, museums, administrative buildings, railway stations, airports;
procurement contract - a civil contract entered into between the client and the supplier in accordance with the civil legislation of the Republic of Kazakhstan and the Rules, as well as the civil legislation of the Republic of Kazakhstan, for the supply of goods, works, services to ensure the functioning, as well as the implementation of the statutory activities of the Customer;
long–term contract - a procurement contract with a term of execution of more than 12 (twelve) months;
unified register of unfair potential suppliers (suppliers) – systematized information about unfair potential suppliers (suppliers) of the Customer;
customer - Autonomous Educational Organization "Nazarbayev Intellectual Schools" (including branches) and its organizations, except for of non–profit organizations in the organizational legal form of the foundation;
Paragraph 11 has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
procurement – purchase of goods, works, services by clients on a paid basis needed to support operations and also to perform client’s statutory activity according to the procedure established by the Rules and also civil legislation of the Republic of Kazakhstan Integrated works:
- a set of works and services, including:
- implementation of project and survey work, turn-key construction
- management of project and survey work, turn-key construction (if necessary), and associated with supply of goods, provision of services;
- implementation of turnkey IT projects, including:
- supply of software, information system implementation services and supply of equipment (if necessary);
conflict of interests of a member of the tender commission – a situation in which the personal interests of a member of the tender commission may affect the impartiality of his participation in decision-making by the tender commission;
homogeneous goods, works, services – goods, works, services that are not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions;
organizer of procurement – a customer represented by its structural or separate subdivision which is responsible for carrying out procedures related to organization and holding of the procurement, or a legal entity assigned to organize and conduct procurement;
organizations of Intellectual schools - non-commercial organizations established by Autonomous Educational Organization "Nazarbayev Intellectual Schools", other legal entities, fifty or more percent of the voting shares (stakes in the charter capital) of which are owned by autonomous educational organization "Nazarbayev Intellectual Schools" on the right of ownership or trust management, as well as their subsidiaries, except for non-commercial organizations in the organizational legal form of a fund;
supplier – an individual, acting as entrepreneur, a legal entity (except for state institutions, unless otherwise established by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) acting as a counterparty of the Customer in a procurement contract concluded with him. An individual, that is not engaged in entrepreneurial activity, may be a supplier in the case provided by the Rules in Section 18;
a potential supplier - an individual engaged in entrepreneurial activity, a legal entity (except for state institutions, unless otherwise established by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) applying for the contract of procurement . An individual, that is not engaged in entrepreneurial activity, may be a potential supplier in the case provided by the Rules in Section 18;
residents – citizens of the Republic of Kazakhstan, including those temporarily staying abroad or in public service outside Kazakhstan, except for citizens having a permanent residence document in a foreign country, issued in accordance with the legislation of that country; foreigners and stateless persons having a permanent residence document in the Republic of Kazakhstan; all legal entities established in accordance with the legislation of the Republic of Kazakhstan and domiciled in its territory, as well as their branches and representative offices domiciled in the Republic of Kazakhstan and abroad;
diplomatic, trade and other official representations of the Republic of Kazakhstan located outside the country;
strategic partners - organizations assigned by the AEO Board of Trustees, including foreign ones, including their subsidiaries with relevant resources (intellectual, scientific, methodological, educational, technological, personnel, and others), thet have experience in one or more of the following areas
- implementation of modern methodology and new technologies in education;
- development and implementation of innovative educational content, modern educational programs, textbooks and educational resources;
- monitoring, external evaluation of educational process and their results, including the quality of teaching and the results of students acquisition of educational programs;
- development and implementation of tools for monitoring and evaluating the quality of educational activities, tools and technologies for competitive selection of children and teachers;
- design and manufacture equipment for classrooms and laboratories that support the educational process;
- architectural, town planning and/or construction activities;
structural subdivision for procurement (responsible for procurement) – a structural or separate subdivision (official)assigned to organize and conduct procurement;
goods – items (things) including semi-finished material or raw materials in solid, liquid or gas state, electric and thermal energy, objectified results of creative intellectual activity as well as the proprietary rights on the basis of which the purchase and sale transactions can be made in accordance with the Laws of the Republic of Kazakhstan;
works – activity which has the tangible result in accordance with the legislation of the Republic of Kazakhstan;
services – activities aimed at satisfaction of the requirements of the client, with no tangible result ;
tender documentation – documentation provided to the potential supplier to prepare a tender bid, which contains conditions and procedure of procurement by tender;
tender quotation – the price offered by a potential supplier to participate in procurement by means of a tender
committee - a collegial body created by the procurement organizer to perform the procurement procedure;
conditional price – the price calculated taking into account the application to the tender price offer of the bidder of the relative value of the criteria provided for in the tender documentation, and used exclusively in evaluating and comparing of tender price offers in order to determine the winner of the tender;
production base - a property complex including a land plot, administrative(s) and technical(s) buildings;
expert – an individual engaged by the procurement organizer or the customer to participate in the development of the technical specification (terms of reference) of the purchased goods, works, services, as well as to prepare an expert opinion on the compliance of the proposals of potential suppliers with the technical specification (terms of reference) of the purchased goods, works, services;
expert committee - a collegial body created by the procurement organizer or the customer with the involvement of experts to participate in the development of the technical specification (terms of reference) of the purchased goods, works, services, as well as to prepare an expert opinion on the compliance of the proposals of potential suppliers with the technical specification (terms of reference) of the purchased goods, works, services.
electronic procurement – procurement using information systems that automate the processes of organizing and conducting purchases, by means of requesting for quotations or tender;
electronic procurement portal (E-procurement) – information system for electronic procurement of goods, works, and services of AEO;
electronic digital signature - a set of electronic digital symbols created by means of electronic digital signature and confirming reliability of electronic document, its belonging and invariability of its content;
Unless otherwise stipulated by the Rules in the course of the procurement procedures, the terms and definitions determined by the legislation of the Republic of Kazakhstan or business practices shall be used
In these Rules unless the context required by the context, the words used in the singular can be used as the plural and vice versa.
3. General provisions
Organization of procurement procedures, cooperation in the course of procurement and other issues arising from the Rules and other internal documents of AEO "Nazarbayev Intellectual Schools" Internal procurement documents should not contradict the Rules.
3.2. The Rules shall be based on the following principles:
1) effective implementation of investment projects;
2) provision of the potential suppliers with the equal opportunities to participate in procurement procedure;
3) fair competition among potential suppliers;
4) openness and transparency of procurement process;
5) rational expenditure of the money used for procurement;
6) minimizing the involvement of intermediaries in the procurement process;
7) control and responsibility for decisions made;
3.3. The procurement process includes:
1) Development and approval of a Procurement Plan for goods, works and services (hereinafter referred to as the Procurement Plan);
2) Procurement procedures and supplier selection;
3) Conclusion of a procurement contract.
3.4. Restrictions related to participation in procurement.
3.4.1. A potential supplier is not entitled to participate in ongoing procurement, if:
close relatives, spouse or relatives of the managers of this potential supplier and/or the authorized representative of this potential supplier have the right to make a decision on the choice of a supplier or are the representative of the customer or the organizer of the procurement in the ongoing procurement;
a potential supplier and/or its subcontractor is in the Unified register of unfair potential suppliers (suppliers) and/or in the Register of unfair participants in public procurement;
a legal entity participated in the consortium is included in the Unified register of unfair potential suppliers (suppliers) and/or the Register of unfair participants in public procurement;
financial and economic activities of a potential supplier and/or a subcontractor (co-executor) attracted by him are suspended in accordance with the legislation of the Republic of Kazakhstan or the legislation of the state of a potential non-resident supplier of the Republic of Kazakhstan;
head of a potential supplier applying for participation in public procurement has relation with the management, institution, participation in the authorized capital of legal entities that are in the Unified register of unfair potential suppliers (suppliers) and/or the register of unfair participants of public procurement;
head of a potential supplier applying for participation in public procurement is an individual engaged in entrepreneurial activities included in the Unified register of unfair potential suppliers (suppliers) and/or register of unfair participants of public procurement;
a potential supplier who is an individual engaged in entrepreneurial activity, applying for participation in procurement, is the head of a potential supplier who is included in Unified register of unfair potential suppliers (suppliers) and/or register of unfair participants of public procurement.
3.4.2. A potential supplier and an affiliated person of a potential supplier are not have the right to participate in one lot of the tender
Paragraph 3.4.3. has been added in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
3.4.3. Violations of the requirements of paragraphs 3.4.1. and 3.4.2. must be observed at any stage of procurement.
3.5. The unified register of unfair potential suppliers (suppliers) is maintained by the structural unit for procurement of AEO in accordance with the procedure determined by the executive body of AEO.
3.6. The customer has the right at any stage of procurement to refuse to carry out procurement in cases of reduced costs of purchasing goods, works and services provided for in the Procurement planning, justified reduction of the need or inexpediency of purchasing goods, works and services.
In this case, the Customer / organizer of the procurement is obliged to:
Subparagraph 1) of paragraph 3.6. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
1) within 3 (three) working days from the date of the decision to refuse to carry out procurement, notify the persons participating in the procurement and publish the relevant announcement on the Internet resource of the AEO/E-procurement;
2) within 5 (five) working days from the date of the decision to refuse to carry out procurement, return the bid security deposits made.
The decision of the customer to refuse to make procurement is not subject to appeal.
3.7. Procurement by the methods provided for in the rules may be carried out at the decision of the AEO/Customer by means of electronic procurement.
Paragraphs 3.8.-3.10. have been added in accordance with the decision of the Board of Trustees dated Dcember 13, 2018 No. 6.
3.8. The customer / organizer, when carrying out procurement, has the right:
1) to divide goods, works, services into lots either according to their similar properties and components, or according to the location of delivery (execution, provision) thereof;
2) to allow for procurement of goods, works, services with complex technical characteristics and specifications and which consist of several interrelated components, within a single lot.
Review of documents provided by potential supplier for the participation in procurement and election of the winner shall be conducted separately for each lot.
3.9. The potential supplier shall bear all expenses related to its participation in the procurement. The Organizer of Procurement, the customer shall not bear any responsibility for reimbursement of these expenses irrespective of the procurement results of procurement.
3.10. For the purposes of procurement:
1) AEO has the right to act as the organizer of procurement for the organizations of the Intellectual Schools;
2) AEO has the right to identify the organizer of the procurement for one (several) organizations of Intellectual Schools, by agreement with it (them);
3) organization of the Intellectual Schools has the right to identify another organization of the Intellectual Schools by agreement with it;
4) organization of Intellectual schools has the right to act as the organizer of procurement for one (several) organizations of Intellectual schools by agreement with it (them).
4. Procurement planning
4.1. Within 15 (fifteen) working days after approval of the relevant budget (business plan, income and expense estimates), the customer shall develop and approve a procurement plan for the relevant year in the manner and form set forth in these Rules and the Regulations for procurement of goods, works and services by the AEO and its organization (hereinafter referred to as the Regulations).
4.2. The procurement plan is approved by the head of the executive body of the Customer or or the person performing his (her) duties.
Paragraph 4.3. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
4.3. Within ten (10) working days after approval of the Procurement Plan, the Customer shall post it on the AEO/E-procurement Internet resource, except for information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets.
4.4. The customer has the right to make amendments and/or additions to the Procurement plan.
Paragraph 4.5. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
4.5. Within five working days from the date of making a decision on making amendments and/or additions to the Procurement plan, the Customer shall be obliged to post the made amendments and/or additions on the AEO/E-procurement Internet resource, except for information containing state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets.
4.6. Procurement data that are not the subject of procurement in accordance with paragraph 1.1. of these Rules shall not be included in the Procurement plan.
4.7. The decision on the implementation of the Procurement is made by the customer on the basis of the Procurement plan for goods, works and services.
4.8. It is not allowed to purchase goods, works, services that are not provided for by the approved procurement plan, except for the purchase of goods, works, services in accordance with paragraph 1.1. of these Rules, as well as in the case provided for in paragraph 4.10. of these Rules.
4.9. Procurement for a period of more than one fiscal year is allowed in the case of purchase:
1) works and services with a completion date in the next (succeeding) financial year(s);
2) assets and other goods, the duration of the technological period of manufacture of which causes their delivery in the next (subsequent) financial year(s);
3) services for the organization of meals for students (pre-school children) for a period not exceeding three financial years;
4) sewing services, supply of clothing for students for a period of no more than three financial years;
5) security services for a period of no more than three financial years;
6) audit services for annual financial statements for a period not exceeding three financial years.
4.10. The Customer has the right to carry out procurement procedures concerning the selection of a supplier of goods, works and services before approving (adjusting) the budget (cost estimates, development plan, business plan) and the Procurement plan for goods, works and services. At the same time, a condition for the conclusion of a contract on procurement should be the approval (adjustment) of the budget (cost estimates, development plan, business plan) and procurement plan, with a mandatory reflection in them of goods, works and services, in respect of which procurement procedures were carried out, concerning the selection of a supplier.
4.11. The customer has the right, by decision of the executive body, to delegate the procedures for the organization and conduct of procurement of goods, works and services to its branches, organizations of Intellectual Schools and representative offices.
The second text paragraph of paragraph 4.11. has been deleted in accordance with the decision of the Board of Trustees dated December 18, 2020 No. 6.
4.12. Organizer of procurement can be a customer represented by its structural or separate subdivision (official) which is responsible for carrying out procedures related to organization and holding of the procurement, or a legal entity assigned to organize and conduct procurement;
The procedure for determining the organizer of the procurement of goods, works and services is carried out in accordance with the Regulations.
5. Procurement methods
Section 5 has been redrafted in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
5.1. The supplier is selected in the following ways:
1) tender;
2) two-stage tender;
3) request for quotations;
4) single source procurement;
5.2. The procurement method shall be selected by the Client according to the Rules, except for the case when the Committee (tender committee, committee for procurement by the method of requesting for quotations) makes decision to conduct the single source procurement.
5.3. The procurement carried out using the methods provided in paragraph 5.1. of the Rules may be conducted by means of electronic procurement in accordance with the procedure established by the internal document of AEO
6. Procurement by means of tender
6.1. Procurement by means of tender is carried out in accordance with these Rules and the Civil Code of the Republic of Kazakhstan.
6.2. In order to participate in procurement, a potential supplier must meet the following general qualification requirements:
1) have legal capacity and civil capacity;
2) be financially stable, and to have no tax arrears in excess of 3 months;
3) have material, labor and financial resources sufficient to fulfill the obligations under the procurement contract;
not to be subject to bankruptcy or liquidation;
6.3. A potential supplier shall be recognized as not complying with qualification requirements for one of the following grounds:
1) non-submission or submission of incorrectly filled out document (s) to confirm the compliance with the qualification requirements of a potential supplier and (or) its involved subcontractor (co-executor) of works or services;
2) establishing the fact of non-compliance with the qualification requirements on the basis of information contained in the documents provided by the potential supplier for confirmation its compliance, as well as non-compliance of the involved subcontractor (co-executor) of the works or services with qualification requirements;
3) establishing the fact of providing false information on qualification requirements.
It is not allowed to recognize a potential supplier and (or) a subcontractor (co-executor) of works or services involved by him or her as not complying with the qualification requirements on the grounds not provided for by this paragraph.
6.4. The organization and conduct of procurement of goods, works and services by means of a tender provides for the following sequential actions:
1) determination by the Customer of the organizer of procurement, except for the case when the Customer and the organizer act in the same person;
2) decision-making on the procurement of goods, works, services by means of tender, approval of the tender committee, if necessary, the expert commission (expert), determination of the secretary of the tender committee, approval of the tender documentation;
3) publication of the announcement regarding the conduction of procurement by means of tender approved tender documentation on the AEO/E-procurement Internet resource and registration of applications for participation in the tender of potential suppliers;
4) admission and registration by the secretary of the tender committee in the register of bidders, who submitted tenders, as well as persons who wished to attend the opening of envelopes with tenders (not applied under e-procurement);
5) opening of bids for participation in the tender and publication of the protocol on the AEO Internet resource. In the case of electronic procurement by means of a tender, the protocol is formed on the E-procurement;
6) review by the Committee of the potential supplier(s)’ bid(s) for compliance with the qualification requirements and requirements of the tender documentation, execution and publication on the website of the AEO/E-procurement of the protocol of preliminary admission to participation in the tender.
7) reconsideration by the tender committee of bids of potential suppliers adjusted to qualification requirements and requirements of tender documentation, determination of potential suppliers admitted to participation in the tender, calculation of criteria affecting conditional reduction of tender price quotations of potential suppliers admitted to participation in the tender, execution and publication of protocol of admission to participation in the tender on the website of AEO/E-procurement;
Subparagraph 8) of paragraph 6.4. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
8) opening of tender quotations of potential suppliers, summing up the results of the tender, registration, signing and posting the protocol on the results of the tender on the AEO/E-procurement Internet resource;
9) comparison by the tender committee of the original bid of the winner of the tender and the potential supplier, who took the second place, for compliance with the documents submitted to the E-procurement (applied in e-procurement);
10) conclusion of contract of procurement with the winner of the tender.
7. Tender commission, expert commission (expert)
Paragraph 7.1. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
7.1. The Committee shall consist of the chairman, deputy chairman and other members of the Committee; During the absence of the chairman, his/her functions are performed by the deputy chairman of the tender committee. The composition of the tender committee shall be an odd number, but not less than five (5) people.
The chairman of the tender committee is the first head or deputy of the Customer / organizer of the procurement, or a person replacing these persons.
7.2. Chairman of the tender committee:
1) plans work and directs activities of the tender committee;
2) presides over meetings of the tender committee
3) performs other functions provided by these Rules
Paragraph 7.3. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
7.3. Tender Committee operates from the date of entry into force of the decision to create it and terminates its activities from the date of the supplier to secure the contract for the procurement of goods, works and services or in the case provided for in paragraph 3.6 of these Rules.
7.4. Meetings of the tender committee shall be held subject to the presence of simple majority of the total number of members of the tender committee and shall be formalized in a protocol signed by the present members of the tender committee and the secretary of the tender committee. In the absence of any member of the tender committee, the protocol of the meeting of the tender committee shall indicate the reason for his absence with reference to the document confirming this fact.
In the absence of a simple majority of the tender committee, the Customer /organizer of the procurement, in order to achieve a quorum (by issuing an corresponding order), replaces the absent member(s) of the tender committee. Replacement of the absent secretary of the tender committee and /or expert shall be made mandatory by the Customer / organizer of the procurement.
Paragraph 7.5. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
7.5. Decisions of the committee shall made in open voting, by the majority of votes of the present members of committee.
In the case of electronic procurement by means of a tender, the decision of the tender committee shall be taken by voting at the E-procurement and shall be deemed accepted if a majority of votes of the total number of members of the tender commission is in favor of it.
If the votes of members of the tender committee are equal, the vote of the chairman of the tender committee, in his absence, the deputy chairman, is decisive.
7.6. In case of disagreement with the decision of the tender committee, a member of the tender committee has the right to a dissenting opinion, which must be stated in writing and attached to the minutes of the meeting of the tender committee.
7.7. If any member of the tender committee has a conflict of interest, that person shall notify the tender committee in writing, and the secretary of the tender committee shall make a note of this in the minutes of the meeting of the tender committee. In this case, this person does not participate in the decision of the tender committee.
7.8. Organizational activity of the tender committee shall be provided by the secretary of the tender committee, who is not be a member of the tender committee and shall not have the right to vote when the tender committee makes decisions.
7.9. The secretary of the tender committee shall be determined from among the officials of the structural unit, responsible for organizing and conducting public procurement:
1) shall form the agenda of the meeting of the tender committee, shall provide the tender committee with the necessary documents, shall organize the meeting of the tender committee;
2) shall draw up and sign a protocol for opening envelopes with tender applications, a protocol on preliminary admission to participation in the tender, a protocol on the results of the tender, as well as other minutes of the meetings of the tender committee;
3) shall ensure the safety of documents and materials of procurement of goods, works, services by the tender method from the date of opening of tender applications;
Subparagraph 4) of paragraph 7.7. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
4) timely enters the information: in the registers of submitted bids and registration of representatives of potential suppliers, who wished to attend the opening of tender envelopes; in the registers of envelopes with the tender price bids;
In the case of e-procurement, the secretary of the committee enters information in the log of registration of the originals of bank guarantees and the original application of the winner of the procurement.
5) shall post protocols on the AEO/E-procurement Internet resource
6) shall perform other functions provided for by these Rules.
7.10. To develop the terms of reference and/or technical specifications, to determine whether the goods, works, services offered by potential suppliers meet the requirements of the tender documentation, the Customer/organizer has the right to create an expert committee (to engage an expert).
If the Customer/organizer of procurement does not have specialists of the appropriate profile to determine whether the goods, work and services offered by potential suppliers meet the requirements of the tender documentation, the procurement organizer may engage public servants as experts on a gratuitous basis, and other experts, both on a paid basis and on a free of charge by agreement of the parties.
A compulsory requirement for attracting a person as an expert shall be the conformity of his profile to the subject of procurement.
7.11. If two or more experts are involved, Customer/organizer of procurement shall create an expert committee from among the experts involved and shall determine among them the head of the expert committee. The expert committee must consist of at least three (3) people..
7.12. Experts (expert committee) shall give an expert conclusion on the conformity of the goods, works and services offered by potential suppliers with the requirements of the tender documentation and shall not have voting rights when a decision is made by the tender committee.
In case of disagreement of the expert with the conclusion of the expert committee, the expert shall set out a separate conclusion in writing, which shall be attached to the conclusion of the expert committee and shall be an integral part of it.
7.13. An expert cannot be a person:
1) interested in the results of procurement procedures;
2) related to labor relations with the customer, the organizer of the procurement or their subordinate, subsidiaries and affiliates, or potential suppliers;
3) being close relative, spouse or relative of the first executives of the Customer/organizer of procurement or their subordinate, subsidiary or affiliated organizations.
Experts do not have the right to vote when making a decision by the tender committee.
8. Tender documents
8.1. The organizer of the procurement to determine the conditions and procedure for the procurement shall form the tender documentation for each procurement.
8.2. The tender documentation shall be developed by the organizer of the procurement and shall contain the following information:
1) name and location of the Customer/procurement organizer;
2) a list of documents submitted by a potential supplier to confirm its (and its subcontractors (co-executors) compliance with qualification requirements;
3) a list of documents submitted by a potential supplier to confirm its (and its subcontractors (co-executors) compliance with the requirements of the tender documentation;
4) description and required technical, qualitative and operational characteristics of the purchased goods, works, services, including the design and estimate documentation approved in accordance with the established procedure (the necessary section of the design and estimate documentation approved in accordance with the established procedure), technical specifications, and, if necessary, reference to the regulatory and technical documentation;
5) the amount of goods, amount of work and services that are the subject of the ongoing procurement;
6) providing a guarantee for the quality of the offered goods, works, services;
7) place and conditions of delivery of goods, performance of works, provision of services;
8) required terms of delivery of goods, performance of works, provision of services;
9) payment terms;
10) description of all required criteria for evaluation and comparison of potential suppliers' bids for participation in the tender, affecting the conditional reduction of the price;
11) quotation requirements
quotation of a potential supplier must contain the price per unit, as well as the total amount of goods, works and services, including the costs of their transportation and insurance, payment of customs duties, and other taxes, fees, as well as other expenses provided by the terms of delivery of goods, performance of works, provision of services;
12) the currency or currencies in which the potential supplier's quotation is to be expressed and the rate, at which the notional price is to be applied to a single currency for purposes of comparison and evaluation;
13) maximum amount of works and services that may be transferred by the potential supplier to subcontractors (co-executors) to perform work or provide services that are the subject of ongoing procurement.
It is not allowed for a potential supplier to subcontract (co-execute) more than 2/3 (two-thirds) of the work and services in total;
14) draft procurement contract indicating the essential conditions;
15) requirements to the language of preparation and submission of applications for participation in the tender;
16) conditions of entering, contents and types of support of the application for participation in the tender;
17) indication of a potential supplier's right to change or withdraw its application on participation in the tender before the deadline for submission;
18) the procedure, method and deadline for submission of applications for participation in the tender and the required period of validity of applications for participation in the tender;
19) terms and conditions of the meeting with potential suppliers to clarify the provisions of the tender documentation (if the tender documentation provide for a meeting with potential suppliers), as well as the ways in which potential suppliers may request clarification of the contents of the tender documentation;
Subparagraph 20) and 21 of paragraph 8.2. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
20) place, date and time of opening applications for participation in the tender;
21) description of the procedure for opening applications on participation in the tender, consideration of applications for participation in the tender, evaluation and comparison of tender price offers;
22) conditions, types, amount and method of making support for the fulfillment of the contract on procurement (if the tender documentation provides for the making support for the fulfillment of the contract on procurement);
23) information on the amounts allocated for the purchase of goods, works and services that are the subject of conducting procurement by the method of tender.
24) electronic address of the Internet resource where the information to be published is to be posted;
25) the procedure and terms for making amendments and additions to the tender documentation;
26) the procedure for concluding a procurement contract based on the results of the tender.
8.3. Customer/organizer has the right to set the following special qualification requirements in the tender documentation, if necessary
1) experience in the market of purchased goods, works and services. The work experience requirement shall not exceed 1 (one) year, except for the following procured goods, works and services:
Subparagraph 1) of paragraph 8.3 has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
in the construction of new facilities - experience in the construction of at least 3 (three) completed civilian works within the last five (5) years. In the case of procurement of complex construction works, an additional requirement may be imposed on the design subcontractor to have experience in designing at least 3 (three) civilian engineering projects within the last 5 years;
providing security services - at least 3 (three) years of experience;
sewing and supplying clothing for students - work experience of at least 3 (three) years;
providing food services - experience of at least 3 (three) years;
providing audit services, as well as services related to the audit - work experience of at least 3 (three) years;
providing consulting services - work experience of at least 3 (three) years;
providing services for replication of textbooks and teaching and learning materials - work experience of at least three (3) years;
2) availability of equipment (quantitative and qualitative characteristics), production (including storage) premises, mechanisms, base, service center and equipment (with attachment of notarized copies of supporting documents) for works, services and goods delivery;
3) availability of human resources (availability in the state or on the basis of contracts of a civil legal nature) required to perform the work, services;
4) availability of qualified specialists with experience in the field relevant to the subject matter of the tender, confirmed by the availability of relevant notarized copies of documents (diplomas, certificates and other documents). At the same time, it is not allowed to establish a requirement for professionals to have more than 5 (five) years of experience;
5) availability of exclusive rights to intellectual property, in case of acquisition of rights to intellectual property.
8.4. The tender documentation may contain other additional information allowing potential suppliers to obtain the most complete information about the conditions of conducting public procurement.
8.5. 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 goods and the name of the manufacturer, as well as other characteristics that determine whether the purchased goods, works or services belong to a particular potential supplier, except in cases where they are implemented:
- procurement of goods for completion, modernization and retrofitting, applicability and compatibility with the existing basic (installed) equipment, as well as for further technical support, maintenance and repair, including scheduled repair of basic (installed) equipment;
- procurement of works, services, performance (provision) of which is associated with the operation, technical support, maintenance and repair, including scheduled repair of the main (installed) equipment of the Customer.
8.6. The tender documents provide for the following criteria for evaluation and comparison of tenders of potential suppliers, affecting the conditional decrease in price:
Subparagraph 1) of paragraph 8.6. has been amended in accordance with the decision of the Board of Trustees dated December 18, 2018 No. 6.
1) potential supplier's work experience in the market of purchased goods, works and services during the last ten years preceding the current year - 0.5% (zero point five percent) for each subsequent year of work, but not more than 5% (five percent), confirmed by the corresponding originals or notarized copies of contracts and documents confirming the supply of goods, works and services.
The requirements of this subparagraph does not apply to the procurement of work on the construction of new facilities;
2) the potential supplier has experience in the construction of civilian facilities over the past five years, while the experience is equated with the construction of facilities, the cost of which is:
- at least 15% (fifteen) percent of the total cost of the purchased works at the tender, a conditional price reduction of 0.5% (zero point five) percent for each object, if the potential supplier has experience as a general contractor;
- more than 50% (fifty) percent of the total cost of the purchased works, conditional price reduction of 1% (one) percent for each object, if the potential supplier has experience as a general contractor;
Work experience must be confirmed by appropriate notarized copies of contracts and certificates of completion, and/or contracts and certificates CS-3, and/or acts of the acceptance commission, confirming the cost and fact of work performed, as well as the status of the general contractor.
The total percentage impact on the conditional bid price of this criterion shall not exceed 30 (thirty) percent.
The requirements of this subparagraph applies only to the procurement of work on the construction of new facilities.
3) availability of certificates required in accordance with the tender documentation (certified systems) from the potential supplier, corresponding to the subject matter of the ongoing procurement - conditional price reduction of 2% (two percent).
To confirm the availability of the potential supplier of the certificates required in accordance with the tender documentation (certified systems) corresponding to the subject matter of the ongoing procurement, the potential supplier provides a notarized, certified copy of the certificate in the form established by the legislation of the Republic of Kazakhstan;
8.7. If the potential supplier fails to submit documents confirming the criteria affecting the conditional reduction in price, the tender commission shall not apply to such a potential supplier a conditional discount.
8.8. The tender documentation must provide for the payment of a tender security by the potential supplier as a guarantee that he/she:
1) does not withdraw or amend and/or add to its tender after the deadline for submission of tenders;
2) is determined as the winner of the tender will conclude a contract with the Customer within the period established by the protocol on the results of the tender, and will make a security for the performance of the contract of procurement, if the conditions of procurement provides for the payment of contract performance security;
3) is recognized as a bidder, will submit its tender price proposal by the deadline and subsequently will not withdraw its tender price proposal.
8.9. The application for participation in the tender shall be secured by a potential supplier in the amount of one percent of the amount allocated to the tender for the purchase of goods, works, and services.
The second paragraph of paragraph 8.9. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6
In the case of participation in a tender for several lots, the potential supplier must submit a bid security for each lot separately, except when the bid security is made in the form of a cash deposit to the bank account of the organizer of the procurement
The validity period of the tender security shall not be less than the validity period of the bid.
A potential supplier shall contribute the tender application in the form of:
Subparagraph 1) and 2) of paragraph 8.9. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
1) guarantee cash contribution to the bank account of the organizer of procurement, indicating the name of the tender (lot).
2) a bank guarantee on paper, provided by the tender documentation.
During the electronic procurement, if the potential supplier submites bid security in the form of a bank guarantee, the potential supplier is obliged to provide the organizer of procurement original bank guarantee before the deadline for submission of bids for E - procurement.
8.10. Potential supplier is not allowed to perform actions that lead to the emergence of third-party claims in whole or in part on the paid guarantee fee before the expiration of its bid for participation in the tender.
8.11. Tender security, paid by the potential supplier, is returned to the potential supplier within 10 (ten) working days from the date of one of the following cases:
1) withdrawal by this potential supplier of its tender application before the deadline for submission of applications;
2) signing of the protocol on the results of the tender. This case does not apply to the potential supplier determined by the winner;
3) the entry into force of the procurement contract and the introduction by the winner of the tender of the enforcement of the procurement contract provided for in the tender documentation;
4) expiration of the tender application.
8.12. Tender security provided by the potential supplier shall be withheld in the following cases:
Subparagraph 1) of paragraph 8.12. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
1) potential supplier has withdrawn or amended and/or added to the tender after the deadline for submission of bids;
2) potential supplier, determined as the winner of the tender, evaded the conclusion of a procurement contract;
3) winner of the tender, having concluded the procurement contract, did not fulfill the requirements set by the tender documentation on submitting and/or timing security for procurement contract performance.
4) the potential supplier, recognized as a bidder, did not submit by the deadline or withdrew his tender price proposal.
8.13. Tender security shall not be provided by the potential supplier if he/she participates in the first stage of procurement by way of a two-stage tender.
8.14. The customer/organizer has the right to make amendments and/or additions to the tender documentation on its own initiative no later than three calendar days before the deadline for submission of tenders.
The second paragraph of paragraph 8.14. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6
The customer/organizer shall publish the tender documentation indicating the amendments and/or additions in the tender documentation on the website of the AEO/E-procurement not later than one working day from the date of the decision to make amendments and/or additions to the tender documentation.
The deadline for submission of tenders shall be extended by at least five calendar days.
Paragraph 8.15. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
8.15. Tender documentation is submitted to potential suppliers by posting the approved tender documentation on the AEO/E-procurement website.
It is not allowed to submit tender documentation before it is posted on the website of the AEO/E-procurement.
Announcement of procurement by means of tender
Section 9 should be redrafted in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
9.1. The Customer/procurement organizer is obliged to submit tenders not less than 15 (fifteen) calendar days before the deadline of submission of tenders by potential suppliers:
1) to publish on the AEO/E-procurement Internet resource the text of the announcement of the procurement by the tender method;
2) publish the approved tender documentation on the AEO/E-procurement website.
The deadline begins on the date the announcement is posted on the AEO/E-procurement website.
When conducting a repeated tender, the period of time for submission of tenders by potential suppliers is not less than 10 (ten) calendar days.
10. Content, design and submission of tenders for participation in the tender.
10.1. Tender application of a potential supplier to participate in the tender is submitted to the organizer of procurement within the time specified in the tender documents and is a form of consent of the potential supplier to supply goods, perform work, provide services in accordance with the requirements and conditions specified in the tender documentation.
10.2. The potential supplier's tender bid for participation in the tender must contain:
1) a completed and signed application for participation in the tender by a potential supplier;
2) notarized copies of licenses or hard licenses of an electronic document and / or patents, certificates, permits, other documents confirming the right of the potential supplier to manufacture, process, supply and sale of purchased goods, works, services, provided by the legislation of the Republic of Kazakhstan (if the conditions of the tender assumes activities that are subject to compulsory licensing);
3) signed and sealed (if any) by the potential supplier technical specification (terms of reference) of the potential supplier and other documents submitted in accordance with the requirements stipulated by the technical specification of the tender documentation;
4) original document confirming the payment of tender security (if the tender documents provide for the payment of tender security);
5) documents confirming the applicability to the bid of the evaluation and comparison criteria specified in paragraph 8.6. of these Rules (if the potential supplier claims to apply the criteria affecting the conditional price reduction);
Subparagraph 6) 7) of paragraph 10.2. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
7) for a legal entity - a document containing information about the founders: an original or a notarized copy of the charter approved in accordance with the legislation; an original or a notarized copy of an extract from the register of shareholders, issued not more than 30 (thirty) calendar days before the date of opening of tenders. In the case of the register of members of the limited liability partnership, the original or a notarized copy of the extract from the register of members of the partnership shall be provided. Non-residents of the Republic of Kazakhstan shall submit the original or notarized legalized extract from the trade register with a translation into Kazakh and/or Russian languages;
8) for a legal entity - an original or notarized copy of the document on the appointment (election) of the first head of the potential supplier (and subcontractors (co-executors) engaged by him;
Subparagraph 9) of paragraph 10.2. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
Subparagraph 9) 10) of paragraph 10.2. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
9) original certificate of the bank or bank branch, which services the potential supplier of the absence of arrears of the potential supplier, lasting more than three months preceding the date of issuance of the certificate, to the bank or bank branch in accordance with the Standard chart of accounts of accounting in second-tier banks and mortgage companies, approved by the Board of the National Bank of the Republic of Kazakhstan. If the potential supplier is a client of several second-tier banks or their branches, as well as a foreign bank, this certificate shall be submitted from each of these banks. The certificate must be issued not earlier than one month preceding the date of opening of tenders;
10) the original (electronic document) of information on the absence (presence) of debt, accounting for which is maintained in the state revenue bodies (except in cases when the payment period is deferred in accordance with the legislation of the Republic of Kazakhstan), or on the presence of tax arrears and arrears on mandatory pension contributions and social contributions of less than one tenge issued not earlier one month prior to the opening date of tenders;
11) the original information about the qualification;
12) documents confirming the compliance of the potential supplier and/or its subcontractors (co-executors) with the qualification requirements;
13) list of subcontractors to perform works ( co-executors in the provision of services) and the volume of subcontracted (co-execution) works and services, which must not exceed in total more than two thirds of the volume of works, services (if the potential supplier provides to attract subcontractors (co-executors) of works or services);
14) original of the power of attorney to the person (persons), representing the interests of the potential supplier, for the right to sign the tender application, except for the first head of the potential supplier, who has the right to act on behalf of the potential supplier without power of attorney, in accordance with the Charter of the potential supplier.
10.3. In the case of participation in the tender of a temporary association of legal entities (consortium), such association (consortium) must provide:
- documents established by sub-paragraphs 1), 3), 4) of paragraph 10.2 of the Rules;
- documents established by subparagraph 5) of paragraph 10.2 of the Rules are provided only by the leader of the temporary association of legal entities (consortium) established by the consortium agreement. Calculation of the criteria affecting the conditional price reduction applies to the leader of the temporary association of legal entities (consortium) established by the consortium agreement;
- documents established by sub-paragraphs 6) - 11) of paragraph 10.2 of the Rules for each participant of the association (consortium);
- a notarized copy of the consortium agreement. In this case, the agreement on the creation of a consortium must provide for the joint responsibility of all members of the consortium, as well as the activities of each member of the association (participant);
- notarized copies of the relevant licenses or licenses in the form of a paper copy of an electronic document for the right to provide goods, works, services in part of the activities provided for by the agreement on joint economic activity;
10.4. The potential supplier-non-resident of the Republic of Kazakhstan presents the same documents as residents of the Republic of Kazakhstan, or documents containing similar information, with a notarized translation into the language of the tender documentation in accordance with the legislation of the Republic of Kazakhstan.
10.5. The validity period of the tender must comply with the required period established by the tender documentation.
10.6. A tender application that has a shorter validity period than specified in the tender documentation shall be rejected.
Paragraph 10.7. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
10.7. The tender application shall be submitted by the potential supplier in a sealed envelope before the deadline for submission of tenders specified in the tender documentation. Tender application must be bound, pages or sheets are numbered, the last page or sheet shall be certified by the signature and seal (if any) of the potential supplier.
The signed technical specification, sealed (if any) is submitted in bound form, with numbered pages or sheets, the last page or sheet shall be signed and sealed (if any) by the potential supplier and the original document confirming the payment of the tender security shall be attached separately. In this case, the submission of a technical specification and the original document confirming the payment of tender security, stitched as part of the tender is not grounds for rejection.
In the case of submission of the original document confirming the payment of tender security, stitched as a part of the application for participation in the tender, this original document is not returned to the potential supplier.
10.8. On the front side of the sealed envelope with the tender, the potential supplier must specify:
· name and postal address of the potential supplier;
· name and postal address of the organizer of the procurement, which must comply with similar information specified in the tender documentation;
· name of the tender (lot), for participation in which the tender application of the potential supplier is submitted.
10.9. Envelopes with the tender or documents and/or materials that are part of the tender, after the deadline for submission of the envelope with the tender, as well as those submitted in violation of the procedure established by the tender documentation, shall not be accepted.
10.10. The customer/organizer in chronological order enters into the register of tenders information about potential suppliers, who submitted before the deadline envelopes with bids.
10.11. Potential supplier no later than the deadline for submission of tenders has the right to:
1) amend and/or add the submitted tender application;
2) withdraw its tender without forfeiting the right to return the tender security paid by it.
10.12. To make amendments and/or additions to the tender application, a written application of the potential supplier in any form to the customer/procurement organizer is required.
The secretary of the tender committee shall return the tender, recording the information in the register of tenders.
In this case, the submission of the tender with the amendments and/or additions must be made within the deadline, and the tender application must meet all the requirements set forth.
Withdrawal of a tender application of a potential supplier is made in the form of a written application in any form to the customer/organizer of the procurement.
Paragraph 10.13. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
10.13. It is not allowed to make amendments and / or additions, as well as the withdrawal of the tender, after the deadline for submission of the tender application by the potential supplier, except for the case when the potential supplier submits to the organizer additions to the tender by the comments of the tender committee, specified in the minutes of the preliminary admission.
10.14. The potential supplier shall bear all expenses related to its participation in the procurement by means of tender. The customer and/or organizer (tender committee, expert committee, expert) shall not be obliged to reimburse these costs regardless of the results of procurement by tender method.
Paragraph 10.15. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
10.15. In the case of electronic procurement, the documents stipulated by Section 10 of the Rules are placed on the E-procurement in electronic and/or scanned form (PDF format) and must be identified with letters, numbers and other symbols, as well as open by available viewer.
Electronic copies of documents that cannot be identified with alphabetic, numeric and other symbols, as well as submitted with a file opening error, are considered not submitted and not accepted for consideration.
11. Tender opening
11.1. The tender committee shall open tender bids on the date, time and place specified in the tender documentation.
In the case of electronic procurement, the opening of tender bids of potential suppliers is done automatically on E-procurement.
11.2. Tenders submitted within the time limits established in the announcement of procurement by the tender method and tender documentation are subject to opening.
In the case of electronic procurement, all tenders submitted by potential suppliers for the E-procurement on time are subject to opening.
Paragraph 11.3. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
11.3. The person determined by the chairman of the tender committee opens the tenders and announces the list of documents contained in the tender (not applied under e-procurement).
Paragraph 11.4. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
11.4. Not later than 3 (three) working days following the day of the specified meeting of the tender committee, the organizer of the procurement publishes on the website of the AEO, the text of the signed minutes of the opening of tender bids. When conducting electronic procurement, the protocol of opening is formed on the E-procurement.
11.5. Potential suppliers or their authorized representatives have the right to attend meetings of the tender committee for the opening of tender bids (nnot applied under e-procurement).
11.6. A copy of the protocol of the opening shall be provided upon request of the potential supplier or his authorized representative no later than 3 (three) working days from the date of receipt of the request.
11.7. In the absence of bids, the minutes of the opening of tenders is not drawn up (a protocol of the results with information about the absence of bids is drawn up).
11.8. The period between the deadline for submission of tenders and the opening of tender bids, shall not exceed two hours.
11.9. If only one bid for a tender (lot) is submitted, this bid is also opened and considered.
12. Consideration of tenders, preliminary admission,
admission to participate in the tender
12.1. Consideration of applications for participation in the tender is carried out by the tender committee in order to identify potential suppliers who meet the qualification requirements and the requirements of the tender documentation.
If the tender committee identifies potential suppliers who do not meet the qualification requirements and the requirements of the tender documentation, a protocol of preliminary admission to participate in the tender is drawn up.
If all potential suppliers meet the qualification requirements and the requirements of the tender documentation, the protocol of preliminary admission to participate in the tender is not drawn up.
12.2. The tender committee, in case of identification of potential supplier's non-compliance with the qualification requirements and requirements of the tender documentation, gives such potential suppliers the right to bring the bids in accordance with the qualification requirements and requirements of the tender documentation within 3 (three) working days from the date of posting the preliminary admission protocol on the website of AEO/E-procurement.
12.3. Potential suppliers who have violated paragraphs 3.4., 8.9. of these Rules are not granted the right to eliminate the comments of the tender committee.
Paragraphs 12.4. have been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
12.5. Minutes of the preliminary admission to tender shall be signed by the chairman, deputy chairman and all members of the tender committee, as well as the secretary of the tender committee on the day of the decision on preliminary admission to tender.
12.6. The potential supplier shall submit to the organizer additions to the tender on the comments of the tender committee, designed in accordance with the requirements for the submission of the tender within the time specified in the protocol of preliminary admission.
Paragraph 12.7. have been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
12.8. The period between the deadline for submission of envelopes with addenda and their opening shall not exceed two hours.
12.9. Potential supplier, determined at the preliminary admission did not meet the qualification requirements and the requirements of the tender documentation shall submit to the tender committee for re-tender only those documents, information and other evidence, which were the subject of non-compliance, which are specified in the protocol of preliminary admission to the tender.
12.10. Tender committee within 3 (three) working days after the opening of addenda, re-examines the bids for participation in the tender of potential suppliers, specified in the protocol of preliminary admission to the tender for completeness in bringing them into compliance with the qualifications and requirements of the tender documents, documents, information and other evidence, which were the subject of non-compliance, specified in the protocol of preliminary admission to the tender.
12.11. When considering applications, the tender committee has the right:
1) request from potential suppliers the materials and explanations necessary for review, evaluation and comparison of bids;
2) in order to clarify the information contained in the applications, to request the necessary information from the relevant state bodies, individuals and legal entities.
In the case of the tender committee requests to clarify the information contained in the bids from the relevant state bodies, individuals and legal entities, the term of consideration of applications may be extended by 15 calendar days.
Tender committee in the reconsideration of applications for participation in the tender is not allowed to reject potential suppliers on grounds not stipulated in the protocol of preliminary admission to participation in the tender.
12.12. The tender committee shall reject the bid if:
1) tender application shall be recognized as not complying with the requirements of the tender documentation;
2) potential supplier shall be recognized as not complying with the qualification requirements;
3) potential supplier is affiliated with another potential supplier who submitted a tender application in this tender (lot);
4) potential supplier and/or its subcontractor (co-executor) is in the register of unfair potential suppliers (suppliers);
5) supplier and/or its subcontractor (co-executor) is in the register of unfair participants in public procurement;
6) potential supplier provided false information.
12.13. It is not allowed to reject a tender for errors, misprints, clerical errors in the tender (except for the proposed price (discounts), technical specification, the document confirming the payment of tender security).
12.14. According to the results of the review of tenders, the tender committee:
1) determines potential suppliers who comply with the qualification and other requirements of the tender documentation, and recognizes them as participants in the tender;
2) applies to them the relative weight of the criteria, conditional reduction of the price of a potential supplier, except in the case of recognition as a bidder 1 (one) potential supplier;
3) draws up a protocol on admission to the tender.
12.15. Protocol of admission to the tender shall be signed by the members of the tender committee, as well as the secretary of the tender committee no later than two working days from the date of the decision to admit potential suppliers to the tender (recognition by tender participants).
Paragraph 12.16. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 8.
12.16. The customer/organizer of the procurement no later than one working day following the day of signing the protocol on the admission to participation in the tender shall post the text of the signed protocol on the website of the AEO/E-procurement.
Paragraph 12.17. have been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
12.17. In the absence of tenders, the protocol on admission to participate in the tender is not drawn up (a protocol on the results is drawn up indicating information about the absence of tenders).
13. Evaluation, comparison
and summary of tenders
Paragraphs 13.1. – 13.4. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
13.1. The evaluation and comparison of the tender price bids shall be carried out on the date, time and place specified in the protocol of admission to the tender, but not earlier than three working days from the date of publication on the Internet resource/e-protocol of admission to the tender.
13.2. Tenderers and/or their authorized representatives shall be entitled to be present at the meeting of the tender committee for evaluation and comparison of tender price bids (not applied for e-procurements).
13.3. Tenderers shall, no later than the deadline specified in the protocol of admission to participate in the tender, submit tender price offers to the organizer.
13.4. Tender price proposals submitted after the deadline for submission shall not accepted by the organizer.
13.5. It is not allowed for a bidder to submit more than one tender price proposal, nor may the bidder withdraw a tender price proposal or make amendments and/or additions to a submitted tender price proposal.
Paragraphs 13.6. – 13.7. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
13.6. The secretary of the tender committee shall chronologically enter into the register information about the bidders who submitted envelopes with tender price proposals before the expiration of the period established by the protocol on admission to participate in the tender (not applied under e-procurement).
13.7. Tender committee opens envelopes with bids in the presence of bidders and/or their authorized representatives and announces to them each bid price proposal. In the case of electronic procurement, the tender price bids of bidders are opened on E-procurement.
13.8. Authorized representatives of potential suppliers have the right to review the prices and discounts (if any) stated by other potential suppliers against signature on the relevant tender price bids after announcement of the prices and discounts stated by potential suppliers in the tender price bids;
13.9. Tender committee rejects the tender price offers of bidders in cases if:
1) tender price offer of a potential supplier exceeds the amount allocated for the purchase;
2) price of the tender offer is a dumping price;
3) potential supplier's tender price proposal does not comply with the requirements of the tender documentation.
13.10. A tender price offer is recognized as dumping in the following cases:
1) tender price offer for construction and installation works and design and survey works shall be recognized as dumping if it is more than 10 (ten) percent lower than the amount stipulated in the tender documentation;
2) tender price offer for consulting services shall be deemed dumping if it is more than fifteen (15) percent lower than the arithmetic average price of all submitted quotations not exceeding the amount provided for the purchase in the tender documentation;
3) tender price offer for the services of feeding students (pre-school children) is recognized as dumping if it is more than 10 (ten) percent lower than the amount provided for the purchase in the tender documentation;
4) tender price offer for works not specified in subparagraph 1) of this paragraph, services not specified in subparagraphs 2) and 3) of this paragraph shall be considered dumping if it is more than 15 (fifteen) percent lower than the average price of all submitted tender price offers, not exceeding the amount provided for the purchase in the tender documentation.
13.11. The winner of the tender shall be determined on the basis of the lowest conditional price, calculated taking into account the application of the criteria contained in the tender documentation.
The potential supplier, which took the second place according to the results of comparison and evaluation, is determined on the basis of the price, following the lowest conditional price, calculated with the application of the criteria contained in the tender documentation.
If the conditional prices of bids are equal and the experience in the market of purchased goods is equal (or if it is impossible to determine the experience on the basis of the documents submitted by potential suppliers), the winner (or the potential supplier, ranked second by comparison and evaluation) is the potential supplier, who previously submitted a tender bid.
13.13. In the case of procurement of works, services, in case of equality of conditional prices of tender price offers, the winner (or a potential supplier, who took the second place according to the results of comparison and evaluation) is a potential supplier with more experience in the market of purchased works, services, which are the subject of the tender.
In case of equality of conditional prices of tender price offers and equal experience in the market of works or services being purchased (or in case of impossibility to determine the work experience based on the documents submitted by the potential suppliers), the winner (or the potential supplier, who took the second place by results of comparison and evaluation) is the potential supplier who has more experience of similar works, services in the administrative area in which the works and services will be performed.
In case of equality of conditional prices of tender price offers, taking into account the experience of works in the market of works and services to be purchased, as well as experience of similar works and services in the administrative and territorial area in which the works and services will be performed (or the potential supplier, who took the second place according to the results of comparison and evaluation) is recognized the potential supplier who had previously submitted a tender application.
Paragraphs 13.14. – 13.15. have been redrafted in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
13.14. The results of the tender are drawn up by the protocol.The customer/organizer shall post it on the AEO/E-procurement Internet resource no later than one working day from the date of signing the protocol on the results of the tender.
13.15. Purchases by means of a tender shall be recognized by the tender committee as failed in the case:
1) of absence of submitted tenders for participation in the tender;
2) of submission of less than two tenders for participation in the tender;
3) if no potential supplier is allowed to participate in the tender;
4) if only one potential supplier is allowed to participate in the tender;
5) of evasion of the winner and the potential supplier who took the second place from the conclusion of the contract.
Subparagraph 7) of paragraph 13.15. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
7) of submission of less than two tender price offers.
13.16. If the procurement by means of tender is declared failed, the tender committee has the right to take one of the following decisions:
1) on re-conducting purchases by means of a tender;
2) on changing the tender documentation and re-conducting purchases by means of tender;
3) on the implementation of single-source procurement.
13.17. If the procurement contract provides for the advance payment (prepayment), the customer/organizer has the right to provide for the winner of the tender (within no more than 10 (ten) working days from the date of the procurement contract) a bank guarantee or other security for the amount of the advance (prepayment) until the full performance of obligations under the contract by the supplier.
If the stipulated bank guarantee or other security is not provided within the specified period, the Customer shall not pay the advance payment (prepayment).
13.18. If the potential supplier determined as the winner of the tender has not submitted the signed procurement contract to the Customer in time, the Customer has the right to conclude a procurement contract with the potential supplier, who took the second place according to the results of comparison and evaluation.
13.19. The Customer/organizer of procurement no later than 3 (three) working days from the date of receipt of the written request of the potential supplier who submitted a tender application, must provide him with a copy of the minutes of the results of the relevant tender on a gratis basis.
In the case of detection of violations in the tender, which affected its results (determination of the winner of the tender), the tender committee is obliged to cancel the results of the tender before the conclusion of the contract, and the tender must be held again.
Paragraphs 13.20.-13.24. have been added in accordance with the decision of the Board of Trustees dated Dcember 13, 2018 No. 6.
Paragraph 13.20. have been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
The original applications are submitted in accordance with the requirements of section 10 of these Rules.
13.21. The original application with the attachment of the documents stipulated by Section 10 of these Rules is reviewed by the tender commission for compliance with the electronic and/or scanned documents submitted by the winner and the potential supplier, who took the second place, as part of the application for E-procurement within not more than 3 (three) working days from the deadline for submission of the original application.
13.22. If the winner of the procurement or a potential supplier, ranked second, in accordance with the specified period is not submitted an original application with attachments stipulated by Section 10 of these Rules, this potential supplier is considered to have evaded the conclusion of the procurement contract.
13.23. Based on the results of the procedure for comparing documents posted on the E-procurement with the originals of tenders and attached documents of the winner of the procurement and the potential supplier who took second place, the secretary of the tender commission draws up a protocol of comparison, which is signed by the members of the tender commission and the secretary, and also published on the E-procurement no later than one working day from the date of its signing.
13.24. The originals of the applications submitted for the matching procedure remain in the custody of the procurement organizer.
14. Procurement by two-stage tender
14.1. The tender may be conducted using two-stage procedures in cases where:
1) it is difficult to formulate the technical characteristics and specifications of the purchased goods, works, services;
2) there is a need to get acquainted with possible ways to meet the needs and choose the best one;
3) it is expedient to form a list of bidders at the first stage of the tender, from whom the procurement of goods, works and services will be carried out at the second stage of the tender.
14.2. The procurement procedure by way of a two-stage tender provides for the following sequential activities:
1) at the first stage the following activities are carried out:
- decision-making by the Customer/procurement organizer on the procurement of goods, works, services by means of a two-stage tender, approval of the composition of the tender commission, if necessary, the expert commission (expert), determination of the secretary of the tender commission, approval of the tender documentation;
- placement of an announcement on procurement by a two-stage tender on the AEO/E-procurement Internet resource;
- placement of tender documentation on the AEO/E-procurement Internet resource, provision of tender documentation to potential suppliers and registration of potential suppliers who received the tender documentation in the register of potential suppliers who received the tender documentation;
- receiving and registration in the register of participants of the two-stage tender by the secretary of the tender commission of tenders of potential suppliers for participation in the two-stage tender, as well as persons who have expressed a desire to be present at the opening of envelopes with tenders for participation in the first stage of the tender (not applicable in the implementation of E-procurement);
- meeting of the tender commission on opening envelopes with tenders from potential suppliers for participation in the first stage of a two-stage tender, preparation of a protocol for opening envelopes with applications from potential suppliers;
- consideration by the tender commission of applications from potential suppliers for participation in the first stage of a two-stage tender, selection of potential suppliers by the tender commission on the basis of the proposed technical characteristics and specifications of the purchased goods, works, services, ways to meet the needs of the Customer, the formation of a list of participants in the second stage of the tender, preparation of a protocol on the results of the first stage of a two-stage tender, informing potential suppliers, those who took part in the first stage, about its results;
2) at the second stage, the following activities are carried out:
- making, if necessary, amendments to the tender documentation, including clarification of the technical specification (terms of reference);
- sending to the participants of the second stage of the tender the updated tender documentation and/or technical specification (terms of reference) and an invitation to submit tender proposals;
- consideration by the tender commission of the tender proposals of the participants of the second stage of the tender, summing up the results of the tender, registration of the protocol on the results of the tender;
- informing the participants of the second stage of the tender about its results, publication of the protocol on the results of the two-stage tender;
- conclusion of contract of procurement with the winner of the tender.
When conducting electronic procurement by means of a two-stage tender, the activities of the first and second stages are carried out through the E-procerement.
14.3. Unless otherwise provided by the rules, when conducting a two-stage tender, the applicable procurement procedures are used by the tender method.
15. Procurement by request for the price quotations
15.1. Application of the procurement method of request for the price quotations is allowed if the annual volume of goods, works and services specified in the Plan of procurement of goods, works and services of the Customer for the relevant fiscal year in terms of value does not exceed four thousandths of the monthly calculation index established by the law on the national budget for the relevant fiscal year, in this case the price is a decisive condition.
In order to apply the method of request for the price quotations, it is not allowed to split the volume of purchases of goods, works and services planned for the relevant fiscal year into parts not exceeding four thousandths of the monthly calculation index established by the law on the republican budget for the relevant fiscal year.
This requirement does not apply to cases where the Customer makes purchases of goods, works and services required to support the activities of its branch (representative office), provided that such purchases are made on behalf of the Customer directly by the branch (representative office) of the Customer.
When purchasing goods, works, services with complex technical characteristics and specifications, the customer has the right to choose the method of tender.
15.2. To participate in procurement method of request for the price quotation, the potential supplier must have legal capacity (for legal entities), civil capacity (for individuals).
15.3. The decision to conduct the procurement of goods, works and services by way of request for quotation, approval of the composition of the commission, determining the secretary of the commission, is made in the form of an order from the head of the executive body of the Customer/organizer or a person replacing him.
15.4. The commission consists of the Chairman, Deputy Chairman and members of the commission. During the absence of the chairman, his/her functions are performed by the deputy chairman of the committee.
The chairman of the committee is the first head or deputy of the Customer/organizer, or a person replacing these persons.
15.5. The Commission operates from the date of entry into force of the decision on its creation and ceases its activities from the moment of conclusion of the contract.
The meetings of the commission are held subject to the presence of a simple majority of the commission members and are formalized by the protocol of the procurement results.
In the absence of a simple majority of commission members, the head of the executive body of the customer/organizer in order to achieve a quorum (by issuing a corresponding order) shall replace absent members of the commission. Replacement of the absent secretary of the commission and/or expert is made by the head of the executive body of the Customer/organizer on a mandatory basis.
Paragraph 15.6. has been redrafted in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
15.6. The decision of the commission is taken by open vote and is considered adopted if a majority of votes of the total number of members present at the meeting of the commission voted for it. In the case of electronic procurement method of request for the price quotation, the commission's decision shall be taken by voting at the E-procurement and shall be deemed adopted if the majority of votes of the total number of commission members are in favor of it.
If the votes of the members of the commission are equal, the vote of the chairman of the commission or, in his absence, the deputy chairman of the commission is decisive.
In the case of disagreement with the decision of the commission, any member of the commission has the right to provide a dissenting opinion in writing, which must be attached to the protocol of the results.
15.7. The organizational activity of the commission is provided by the Secretary of the commission. The Secretary of the commission is not a member of the commission and does not have the right to vote when making decisions by the commission.
Paragraphs 15.8. – 15.9. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
15.8. Consideration of price offers, comparison and evaluation, as well as determination of the winner of purchases in the cases specified in paragraph 3.8. of these Rules, are carried out for each lot.
15.9. The customer/organizer, no later than 5 (five) working days before the deadline for submitting price proposals, must place an appropriate electronic announcement on the AEO/E-procurement Internet resource.
15.10. The price quotation of a potential supplier is a form of expression of his consent to deliver goods, perform works, provide services in compliance with the conditions stipulated by the announcement.
15.11. A potential supplier wishing to participate in procurements by request for the price quotations shall submit only one price quotation by the deadline indicated in the advertisement, which must include the following documents:
Subparagraph 1) 3) of paragraph 15.11. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
2) original or notarized copy of the certificate of state registration (re-registration) of a legal entity, or a copy of the electronic certificate of state registration (re-registration) of a legal entity, obtained from the official Internet source (www.e.gov.kz); for an individual - an original or notarized copy of the document giving the right to conduct business without forming a legal entity, issued by the relevant state body or a copy of the document obtained from an official Internet source (www.e.gov.kz);
3) originals or notarized copies of licenses or licenses of an electronic document and/or patents, certificates, permits, other documents confirming the right of the potential supplier to manufacture, process, supply and sale of purchased goods, works, services, provided by the legislation of the Republic of Kazakhstan (if the conditions of the tender assumes activities that are subject to compulsory licensing);
4) technical specification (if the terms of the announcement provide for a technical specification)
Subparagraph 5) of paragraph 15.11. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
5) other documents executed in accordance with the requirements of the technical specification of the customer (if the terms of the announcement provides for a technical specification).
In the case of electronic procurement, the documents provided for in this paragraph are placed on the E-procurement in electronic and/or scanned form (PDF format) and must be identified with letters, numbers and other symbols, as well as open by available viewer.
Electronic copies of documents that cannot be identified with alphabetic, numeric and other symbols, as well as submitted with a file opening error, are considered not submitted and not accepted for consideration.
15.12. A potential non-resident supplier of the Republic of Kazakhstan submits the same documents provided for in the announcement as residents of the Republic of Kazakhstan, or documents containing similar information, with a notarized translation into the language of the announcement of the procurement of goods, works, services by through request for the price quotations.
15.13. The terms and conditions of supply of goods, works and services contained in the price quotations must not contradict the terms and conditions contained in the electronic advertisement placed by the Customer/Organizer for the procurement of goods, works and services by means of request for price quotations.
15.14. On the front side of the sealed envelope with the price quotations the potential supplier must specify:
1) name and postal address of the potential supplier;
2) the name and postal address of the Customer/organizer, which must correspond to the same information specified in the electronic announcement;
3) the name of purchases of goods, works, services for participation in which the price offer of a potential supplier is provided.
15.15. Customer/Organizer:
Subparagraph 1) of paragraph 15.15. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
1) checks the presence on the envelope with the price offer of the information provided for in paragraph 15.14. of these Rules.
Envelopes with the price quotations issued in violation of the requirements of the specified paragraph of these Rules are not subject to registration.
2) accepts properly designed envelopes with the price quotations and enters them into the price offer registration log.
15.16. An envelope with the price quotation submitted after the deadline for submission will not be accepted.
15.17. The journal of registration of envelopes with price offers must be stitched, the pages numbered, the last page of the journal of registration of price offers must be signed by the head of the structural unit (official bodies) on procurement issues and the seal of the Customer/organizer.
Paragraph 15.18. has been added in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
15.18. When carrying out electronic procurement by means of request for quotations, the requirements of paragraphs 15.14 - 15.17 of these Rules do not apply, the opening of quotations of potential suppliers and the summing up of the results is carried out in E-procurement.
16. Opening and consideration of price offers
Paragraphs 16.1. – 16.4. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
16.1. Potential suppliers or their authorized representatives have the right to attend meetings of the commission on opening of quotations (not applicable to electronic procurement).
16.2. Before the meeting, the secretary of the commission verifies the documented credentials of representatives of potential suppliers to represent potential suppliers during the procedure of opening of price quotations (not applicable to electronic procurement).
16.3. The opening of price quotations shall be held on the date, time and place indicated in the announcement.
16.4. The person designated by the chairman of the commission opens the envelopes with the price quotations and announces the prices declared by the potential suppliers in the quotations (not applicable to electronic procurements).
16.5. Authorized representatives of potential suppliers present at the procedure of opening price offers have the right to review the prices declared by other potential suppliers under the signature on the relevant price offers after the announcement of the prices declared by potential suppliers in the price offers.
Paragraph 16.6. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 8.
16.6. The winner of the request for price offers is determined by the commission on the basis of the lowest price offer.
The potential supplier who took the second place according to the results of the comparison is determined by the commission on the basis of the price offer following the lowest price offer.
16.7. If the lowest price offer is submitted by several potential suppliers, the potential supplier whose price offer was received earlier than the price offers of other potential suppliers is recognized as the winner.
Paragraphs 16.8. – 16.9. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
16.8. The price offer of a potential supplier is subject to rejection if:
1) it exceeds the amount allocated for the purchase of these goods, works, services;
2) the potential supplier has submitted documents, information as a part of the price proposal, which do not meet the requirements of the announcement;
3) the potential supplier has submitted more than one price quotation;
4) the potential supplier is included in the unified register of unscrupulous potential suppliers (suppliers) and in the register of unscrupulous participants in public procurement.
Rejection of price offers on other grounds is not allowed.
16.9. Procurements by the method of request for price quotations shall be deemed not to have taken place in the following cases:
1) if after the rejection of the price quotations there is one quotation left;
2) if there is not a single price quotation left after the rejection;
3) in the case of less than two price quotations;
4) in case of evasion of the winner and the potential supplier who took the second place from the conclusion of the contract.
16.10. If procurement by the method of request for the price quotations is deemed to have failed, the Commission is entitled to take one of the following decisions:
1) on repeated procurement by the method of requesting price quotations;
2) to change the material terms and conditions and repeat the procurement method of request for the price quotations;
3) on the implementation of single-source procurement.
Paragraph 16.11. have been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
16.12. The customer/organizer, no later than 2 (two) working days from the date of registration of the results of purchases by means of a request for price proposals, is obliged to post the protocol of the results on the AEO/E-procurement internet resource.
In the case of violations in the procurement method of request for the price quotations, which affected its results (determination of the winner), the commission before the conclusion of the contract must cancel the results of the procurement, and the procurement method of request for quotations must be carried out again.
16.13. If the potential supplier has not submitted the signed procurement contract to the Customer in due time, the Customer has the right to conclude a procurement contract with the potential supplier who offered the same price offer, and in the absence of such a potential supplier with the potential supplier whose price offer is the lowest after the price offered by the potential supplier who evaded the conclusion of the procurement contract.
If potential suppliers indicated in the results of the procurement method of request for the price quotations evaded the conclusion of a contract, the Customer has the right to repeat the procurement method of request for the price quotations, or to carry out procurement method from one source.
Paragraphs 16.1. – 16.4. have been deleted in accordance with the decision of the Board of Trustees dated December 18, 2020 No. 6.
17. Purchases from a single source
Paragraph 17.1. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 8.
17.1. Single-source procurements are made in the following cases:
1) on the basis of the decision of the collegial executive body of the Customer (if the Customer has no collegial executive body, these decisions shall be made by the first head of the Customer);
2) on the basis of the decision of the Tender Commission, in cases where the procurement method of tender is recognized as failed;
3) on the basis of a decision of the Commission, in cases where the procurement method of request for quotation is deemed to have failed;
4) by direct conclusion of the contract.
17.2. Single-source procurements shall be made on the basis of a decision of the collegial executive body of the Customer in the following cases:
1) purchase of goods under long-term contracts from domestic commodity producers, providing for the organization of serial production of goods in the Republic of Kazakhstan to the specifications of the Customer, if such goods have not been produced in the territory of the Republic of Kazakhstan for the past three years;
2) the purchase of services for the trust management of property;
3) acquisition of goods, works and services for the purpose of implementing investment strategic projects;
4) acquisition of consulting and legal services to protect and represent the interests of the Customer in international commercial arbitrations and foreign judicial bodies;
5) purchase of securities in the implementation of treasury operations related to the placement of temporarily free money;
6) if the Customer, who has purchased goods, works, services from a supplier, needs to make other purchases from the same supplier in order to unify, standardize or ensure compatibility with the existing goods, equipment, technology, works or services;
7) purchase of goods, works and services by separate subdivisions of the Customer in the territory of a foreign country (outside the territory of the Republic of Kazakhstan) to support the activities of the separate subdivision;
8) purchase of specialized library services;
9) purchase of information services by international information organizations;
10) acquisition of services of a marine agent, marine broker;
11) purchase of services for verification of measuring instruments used in the distribution of state metrological control;
12) purchase of goods, works and services by the Customer to fulfill the obligations under the public procurement contract, concluded by him as a supplier under the legislation on public procurement;
13) purchase of design work from a supplier who has duly performed the bulk of the work to prepare the pre-design documentation;
14) purchase of design work from the supplier who developed the project documentation, arising from the need to make changes and additions to the project documentation;
15) purchase of goods, works and services necessary for the implementation of targeted scientific and technical programs approved in accordance with the procedure established by law.
16) purchase of simultaneous interpretation services, lease of premises for the Customer's exhibitions, trainings, seminars, conferences, meetings, forums, symposiums, trainings, fairs, competitions, scientific projects and contests;
17) acquisition of services in preparation for international accreditation and/or certification, including a network of test accreditations;
18) purchase of goods, works and services, if the total amount of purchased goods, works and services provided for in the Procurement Plan for the relevant calendar year does not exceed two thousand-fold monthly calculation index established by the law on the Central Government Budget for the relevant financial year;
19) purchase of goods, works, services, if there is a need for procurement of daily and/or weekly needs (for the period from the announcement and until the conclusion of the contract on the results of the tender);
17.3. Procurement from one source on the basis of the decision of the collegial executive body of the Customer shall be formalized by the relevant decision of the collegial executive body of the Customer, and in the absence of the collegial executive body of the Customer, the decision shall be formalized by issuing an order of the first head of the Customer.
The first text paragraph of paragraph 17.4. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6
17.4. When carrying out procurement by a single source in the cases provided for in subparagraphs 2) and 3) of paragraph 17.1. of these Rules, the organizer of the procurement shall send to the potential supplier an invitation to participate in the procurement, which must contain the following information
1) name and location of the organizer of the procurement;
Subparagraph 2) of paragraph 17.4. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
2)description and required functional, technical, qualitative and operational characteristics of the goods, works and services to be purchased, technical specifications;
3) the amount of goods, the amount of work performed and services rendered, which are the subject of the ongoing procurement;
4) place of delivery of goods, implementation of works and services;
5) the required terms of delivery of goods, works, services, the provision of a guarantee on the quality of the goods, works and services offered;
6) terms of payment and draft procurement contract;
7) conditions, form, amount and method of making a procurement contract performance security in cases stipulated by these Rules;
8) information on the amounts allocated for the purchase of goods, works and services, which are the subject of the ongoing procurement method from a single source;
Subparagraph 9) of paragraph 17.4. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
9) the list of qualification requirements stipulated by the Rules, as well as the list of documents to be submitted by the potential supplier to confirm its compliance with the qualification requirements, except for when the procurement method from one source is carried out on the basis of subparagraph 3) of paragraph 17.1. of these Rules;
10) place and deadline for submission of documents by the potential supplier.
Paragraphs 17.5. – 17.7. have been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
17.5. Potential supplier, who wishes to supply goods, works and services that are the subject of ongoing procurement method from a single source, must provide the following information to the organizer of the procurement by the deadline:
1) description and required functional, technical, qualitative and operational characteristics of the purchased goods, works, services, technical specifications (if any);
2) documents confirming compliance with qualification requirements of the potential supplier and persons whom he intends to engage as subcontractors (co-contractors) of works or services, except when single-source procurement is carried out on the basis of subparagraph 3) of paragraph 17.1 of these Rules.
3) justification of the price of the proposed goods, works, services.
In case if the procurement is recognized as void on the basis of subparagraph 4) of paragraph 13.15 and subparagraph 1) of paragraph 16.9 of these Rules, the potential supplier, wishing to carry out the supply of goods, works and services which are the subject of ongoing procurement method from a single source, provides information only under subparagraph 3) of this paragraph.
17.6. Procurements by tender method are considered to be failed on the basis of subparagraph 4) of paragraph 13.15. of these Rules, the Customer has the right to purchase from this potential supplier.
In this case, the procurement contract must be signed with him on the conditions stipulated by his application for participation in the tender, price proposal, and the price of the contract signed with him must not exceed its price, specified in the application for participation in the tender, submitted a price proposal.
17.7. Procurements by the method of request for quotations are considered to have failed on the basis of subparagraph 1) of paragraph 16.9. of these Rules, the Customer has the right to carry out procurement from this potential supplier.
In this case, the procurement contract must be concluded with him on the terms and conditions provided for in his price proposal, and the price of the contract concluded with him must not exceed the price presented in his price proposal.
17.8. The Tender Commission/Commission within three (3) working days from the date of submission by the potential supplier of the requested information, reviews the documents submitted by the potential supplier for compliance with the requirements established by the Rules.
17.9. The secretary of the commission generates a protocol on the results of the procurement method from a single source.
Paragraph 17.10. should be redrafted in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
17.10. If the tender/price quote is deemed to have failed on other grounds by the Tender Commission/Commission, the procurement shall be carried out in accordance with Paragraph 17.4 of these Rules.
17.11. Procurements made by direct contracting:
1) purchase of goods, works, services from a person defined by the legislation of the Republic of Kazakhstan;
2) acquisition of goods, works, services which are objects of intellectual property from a person who has exclusive rights in respect of the acquired goods, works, services;
3) purchase of goods, works and services at prices, tariffs, fees and charges established by the legislation of the Republic of Kazakhstan or the legislation of other countries;
4) purchase of goods, works and services from a subject of natural monopoly on regulated services in accordance with the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets;
5) purchase of goods, works and services from a person holding a dominant (monopolistic) position in a particular market of purchased goods, works and services, whose share in such market equals 100 (one hundred) percent, or from a subject of state monopoly on the main subject of its activities;
6) purchase of natural gas, water, water supply and wastewater disposal services, electricity and heat through the connected network;
7) the purchase of goods and services related to entertainment expenses;
8) acquisition of property (assets) sold at auctions (tenders):
- bailiffs in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings;
- conducted in accordance with the legislation of the Republic of Kazakhstan on bankruptcy;
- conducted in accordance with the land laws of the Republic of Kazakhstan;
- during the privatization of state property;
9) purchase of services of rating agencies, financial services;
10) the purchase of services and/or works on the development, implementation and/or realization of educational and training programs (including the selection and admission of students), development concepts for the organization and implementation of educational, scientific activities in accordance with the statutory objectives of the Customer.
Subparagraph 11) of paragraph 17.11. should be redrafted in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6.
11) acquisition of goods, works and services from strategic partners, including their subsidiaries;
12) purchase of works and services for the redemption and demolition of structures on land plots allocated to the Customer for capital construction of Nazarbayev Intellectual Schools from a legal entity whose founder is a local executive body.
13) purchase in accordance with the content of educational programs, special, educational, methodological and/or general fiction, including on electronic media (CD/DVD, etc.) according to the list approved by the executive body of the AEO and in agreement with the structural unit(s) of the AEO supervising these issues;
14) purchase of services for the provision of information posted on websites, audio books, published on various magnetic and/or electronic media, books published in Braille, and audio visual aids to serve the visually impaired, as agreed upon with the AEO structural unit(s) responsible for these issues;
15) purchase of goods, works, services for localization and/or elimination of consequences of emergencies; for elimination of consequences of accidents posing danger to life and/or health of students, including its causes; for elimination of accidents at electric power facilities, communication systems of life support and other hazardous production facilities, as well as in case of breakages, failure of communications, mechanisms, units, spare parts and materials that require immediate immediate restoration in the presence of supporting documents;
16) purchase access services to online electronic full-text, abstract, bibliographic and other databases, electronic journal collections, electronic libraries, electronic book collections and individual titles of electronic journals and books in coordination with the AEO structural unit(s) supervising these issues;
17) purchase of telephone, data transmission services (Internet, IP VPN), television.
18) purchase of services on author's supervision over the development of design documentation for capital construction facilities, author's supervision over the construction, reconstruction and capital repair of capital construction facilities by the relevant authors;
19) purchase of rental services for premises, buildings and structures from the person from whom the initial purchase of rental services was made, as well as services related to their operation, except for the initial purchase of rental services required to ensure the statutory activities of the Customer;
20) purchase of operator's services to receive payments and provide postal services, as well as related services, for the delivery of goods sold through the Customer's electronic platform;
21) purchase of homogeneous goods, works and services, if the annual volume of such homogeneous goods, works and services in value terms does not exceed one hundred times the amount of the monthly calculation index established for the relevant financial year by the law on the Central Government Budget;
22) purchase of bibliographic support services on a range of ISBN services.
17.12. Implementation of single-source procurement by direct conclusion of a contract shall be formalized by the conclusion of the relevant contract, unless otherwise stipulated by the norms of civil legislation of the Republic of Kazakhstan.
17.13. When making purchases using a single source method, the Customer has the right to request information and data from a potential supplier for concluding a contract.
18. Special procedure for the procurement of housing owned by a private individual who is not a business entity
18.1. The customer has the right to carry out the procurement of housing, which belongs on the right of private ownership of an individual who is not a subject of entrepreneurial activity with the application of a special procedure.
18.2. Procurement of housing owned by a private individual who is not a business entity is carried out by way of tender.
18.3. Procurements with the application of a special procedure shall be carried out in accordance with these Rules, except for the rules establishing qualification requirements, as well as regulating the procedures and terms for procurement by means of tender provided for by these Rules.
18.4. Within 15 (fifteen) calendar days from the date of publication of the announcement and posting on the website of the AEO information on the procurement of housing and technical specifications, potential suppliers must submit the following documents in sealed envelopes:
1) notarized copies of the individual's ID card;
2) copies of title documents for housing;
3) a price offer signed by the potential supplier;
4) a written guarantee of the potential supplier that there are no encumbrances and/or claims of third parties on the proposed dwelling;
5) notarial spouse's statement of consent to the sale, if the proposed house was acquired during the marriage (except when received as a gift or by inheritance);
18.5. Envelopes are registered in accordance with these Rules. Envelopes are opened by the Tender Commission at a specified time in the presence (except in case of non-appearance) of potential suppliers arriving and/or their authorized representatives.
18.6. The review of documents is conducted in the presence (except in case of non-appearance) of potential suppliers and/or their authorized representatives.
18.7. Envelopes with documents that do not meet the requirements of the technical specification and do not contain the documents specified in paragraph 18.4 of these Rules are rejected.
18.8. During the document review process, potential suppliers can lower their price proposals.
18.9. According to the results of consideration of envelopes with documents, the protocol of the procurement results with a special procedure shall be drawn up.
19. Signing and execution of the contract for procurement
19.1. When procuring goods, works and services at a cost of less than two hundred times the monthly calculation index established by the law on the Central Government Budget for the relevant financial year, the customer has the right to pay for the goods, works and services procured by corporate card without signing a contract in the order determined by the AEO internal document.
19.2. The procurement contract is concluded in accordance with the draft procurement contract contained in the tender documentation, the announcement of the procurement.
In the case of conclusion of a procurement contract with a non-resident of the Republic of Kazakhstan, it is allowed to draw up a procurement contract in the form offered by him, taking into account the requirements of the legislation of the Republic of Kazakhstan.
The customer has the right to conclude a contract for more than one financial year.
The contract for the procurement of services for the audit of annual financial statements may be concluded for a period not exceeding three years.
19.3. The procurement contract is concluded within the period specified by the Customer, but not more than 30 (thirty) calendar days from the date of signing of the protocol on the results or the decision of the collegial executive body of the Customer or the order of the first head of the Customer.
Upon occurrence of the case specified in paragraphs 13.18 or 16.13 of these Rules, the procurement contract shall be concluded within the period specified by the Customer, but not more than 30 (thirty) calendar days from the date of occurrence of this case.
The procurement contract must provide for the right of the Customer to unilaterally withdraw from the contract in case of inexpediency of its further implementation.
19.4. The potential supplier within ten working days from the date of the procurement contract shall deposit a security for the performance of the procurement contract. Security for the performance of the procurement contract is made by the supplier as a guarantee that he will promptly, fully and properly perform its obligations under the procurement contract concluded with him.
The requirement to deposit a security for the performance of the procurement contract does not apply to suppliers, determined by the results of procurement method of request for quotation and from a single source, carried out on the basis of paragraphs 17.3. and 17.11. of these Rules.
19.5. The amount of security for the execution of the procurement contract is set in the tender documentation in the amount of 3 (three) percent of the total amount of the procurement contract.
If the procurement contract provides for the payment of an advance payment, the potential supplier shall, in addition to ensuring the performance of the contract, pay a security for the advance payment in an amount equal to the advance payment. In this case, the potential supplier has the right to refuse to pay the advance.
19.6. The potential supplier has the right to choose one of the following types of security for the performance of the procurement contract:
1) the guarantee fee, which is paid to the bank account of the customer;
2) bank guarantee.
19.7. Customer shall return the paid security for the performance of the procurement contract to the supplier within ten (10) working days from the date of full and proper performance of its obligations under the procurement contract.
19.8. The security for the performance of the procurement contract shall not be returned to the supplier in cases where:
1) termination of the procurement contract due to non-performance or improper performance of contractual obligations by the supplier;
Subparagraph 2) of paragraph 19.8. has been amended in accordance with the decision of the Board of Trustees dated December 7, 2019 No. 8.
The first text paragraph of paragraph 19.9. has been amended in accordance with the decision of the Board of Trustees dated December 13, 2018 No. 6
19.9. If the potential supplier has not submitted the signed procurement contract to the Customer within the period specified by the Customer, or has not signed the contract and has not entered a contract performance security, such potential supplier is considered to have evaded the conclusion of the procurement contract and is entered in the Unified Register of Unscrupulous Potential Suppliers (Suppliers).
If a potential supplier is found to have evaded the conclusion of a procurement contract based on the results of the tender, the organizer of procurement shall withhold the tender security paid by him.
19.10. Amendments to the draft procurement contract are allowed if the following interrelated conditions are met:
1) the amendment to the draft procurement contract is initiated by one of the parties not later than 5 (five) working days from the date of signing the protocol on the results of the procurement;
2) the amendment is allowed to reduce the amount of the draft procurement contract, provided the quality and other conditions that were the basis for the selection of the supplier remain unchanged;
3) the decision to amend the contract to reduce the amount of the contract is made by mutual agreement of the parties.
It is not allowed to make changes to the draft procurement contract without complying with the conditions stipulated in this paragraph.
19.11. Changes to the concluded procurement contract under the conditions of unchanged quality and other conditions, which were the basis for the selection of the supplier, is allowed in the following cases:
1) by mutual agreement of the parties in terms of reducing the price of goods, works, services and, respectively, the amount of the procurement contract, if in the process of implementation of the procurement contract prices for similar purchased goods, works, services have changed downward;
2) in terms of increasing the amount of the procurement contract, as well as in terms of the corresponding change in the terms of performance of the contract, if the design and estimate documentation, which has passed state expertise, has been amended and in the prescribed manner decided on the additional allocation of money for the amount of such changes;
3) in the part of reduction or increase of the amount of procurement contract, associated with a reduction or reasonable increase in the need for purchased goods, works, except for works specified in subparagraph 2) of this paragraph, services, as well as in the part of the corresponding changes in the terms of contract performance, subject to unchanged price per unit of goods, works, services specified in the procurement contract concluded. Such changes to the concluded contract for the procurement of goods, works and services are allowed within the limits of the amounts provided for the purchase of these goods, works and services in the Procurement Plan;
4) if the supplier in the performance of the contract for the procurement of goods concluded with him offered, subject to unchanged price per unit of goods better quality and/or technical characteristics or terms and conditions of delivery of goods that are the subject of the contract for the procurement of goods concluded with him;
5) in terms of reducing or increasing the amount of the contract for the procurement of works with a completion date in the next year (years), caused by changes in legislation in the tax, customs and other areas, as well as in terms of the corresponding change in the terms of the contract in case of changes in funding by years, subject to relevant changes in the design and estimate documentation, which passed the state expertise;
6) in terms of reducing or increasing the amount of a long-term contract for the supply of goods, services due to changes in legislation in the tax, customs and other areas, as well as in terms of the corresponding change in the terms of the contract in the case of changes in funding by year. Such a change is allowed after one year of the contract and no more than once a year.
7) changes in the terms of contracts for the procurement of goods, works and services in terms of provision of prepayment against security on the basis of the decision of the AEO collegial executive body.
8) in terms of changing the price of the procurement contract in accordance with the approved design and estimate documentation, passed the state expertise, in accordance with the legislation on architectural, urban planning and construction activities of the Republic of Kazakhstan, when carrying out complex works;
9) in terms of increasing the period of performance of the procurement contract during construction work due to adverse climatic (weather) conditions that prevent the implementation of the works that are the subject of the procurement contract, as well as in connection with the actions of the customer and/or the actions of other suppliers of the customer at the construction site, creating obstacles to the timely implementation of the procurement contract. The circumstances of the increase in the execution of the procurement contract provided for in this subparagraph must be documented prior to the conclusion of the relevant additional agreements to the procurement contract.
19.12. Amendments and additions made to the procurement contract shall be executed in the form of an additional written agreement to the contract, which is an integral part of the contract.
19.13. It is not allowed to make changes in the draft or concluded contract on procurement, which may change the content of the conditions of the ongoing (conducted) procurement and/or proposal, which was the basis for the selection of the supplier.
19.14. Execution of the contract on procurement is carried out in accordance with the civil legislation of the Republic of Kazakhstan, the Rules and the internal document of the Customer regulating the preparation, conclusion and execution of contracts.
20. Responsibility for violation of the Rules
20.1. The heads of the customer/procurement organizer, commission, expert(s), persons who organize and conduct procurement procedures, as well as other persons involved in the process of procurement of goods, works and services shall be personally liable for violation of the rules.
20.2. The procedure for holding employees liable for violation of the rules shall be determined in accordance with the laws of the Republic of Kazakhstan and internal documents of the AEO, approved in the prescribed manner.
21. Final provisions
21.1. The procurement procedures initiated (announced) prior to the enactment of the Rules shall be carried out in accordance with the procedure valid as of the date when the decision to conduct procurement was made.
21.2. Potential suppliers shall have the right to appeal the actions (omissions) in accordance with the legislation, decisions of the organizer of procurement, committee, expert(s), if their actions (omissions) infringe the rights and lawful interests of the potential supplier.
The decision of the customer to refuse to make procurement is not subject to appeal.
