Rules of procurement of goods / works / services

1.      Using this document

 

      1. These rules of procurement of goods, works, services by "Agrarian Credit Corporation" joint-stock company (hereinafter - Regulations) define the basic requirements to the order of acquisition "Agrarian Credit Corporation" joint-stock company (hereinafter - the Corporation) of goods, works and services on money in possession.

 

2. Regulatory reference

 2. The rules are designed on the basis of the following documents:

     1) Civil Code of the Republic of Kazakhstan;

     2) Customs Code of the Republic of Kazakhstan;

     3) Law of the Republic of Kazakhstan "On Joint Stock Companies" dated May 13, 2003 № 415-II;

     4) Resolution of the Government of Kazakhstan dated May 28, 2009 № 787 "On approval of the Model Regulations procurement of goods, works and services carried out by the national managing holdings, national holdings, national companies and organizations, fifty and more percent of shares (shares) of which directly or indirectly owned by national managing holding, national holding, the national company "and other normative legal acts of the Republic of Kazakhstan."

 

3. Definitions and Abbreviations

     3. In the Rules, the terms and definitions established by ST RK ISO 9000-2001.

     4. Abbreviations correspond to the RK 001-08.

     5. Regulation has the following terms and concepts:

     1) affiliated person of potential supplier - any individual or legal entity who has the right to determine decisions and (or) influence the decisions by potential supplier solutions, including due to the transaction made in writing, as well as any natural or legal person, in respect of which the potential supplier has such a right;

     2) procurement contract - civil contract entered into between the Corporation and the supplier in accordance with the Rules;

     3) DAO - a subsidiaries of "National Holding" KazAgro" JSC, including the Corporation;

     4) procurement - the acquisition by the Corporation for a fee of goods, works and services at the expense of its available cash, carried out in accordance with the Rules;

     5) local content provider works and services - the percentage of the cost of:

domestic producers of goods purchased by the supplier for performance of the contract on procurement of works and services, both directly and through subcontracting,

wages of resident individuals employed by the supplier for performance of the contract on procurement of works and services, both directly and through subcontracting of the total value of the procurement contract;

     6) local content provider of the goods - the percentage of the cost of goods of domestic producers, acquired by the supplier for the execution of the data procurement contract of goods, the total value of the procurement contract;

     7) The Commission - a collegial body established by the Corporation to carry out the procurement procedure, with the exception of purchases by means of tender;

     8) similar goods (works, services) - the goods (works, services), which, while not identical, have similar characteristics and consist of similar components that allows them to perform the same functions and be interchangeable;

     9) The organizer of procurement - a structural subdivision of the Corporation, responsible for carrying out the organization and procedures of procurement determined by the Corporation in order to meet the organization's procedures and procurement;

     10) domestic suppliers of works, services - legal and natural persons who are residents of the Republic of Kazakhstan, using no less than ninety-five percent of the local labor force of the Republic of Kazakhstan on the implementation of works and services;

     11) domestic entrepreneurs - potential suppliers who are residents of the Republic of Kazakhstan and engaged in entrepreneurial activity;

     12) domestic producers - potential suppliers (hereinafter –domestic producers) - physical and (or) legal entities which are residents of the Republic of Kazakhstan and producing:

goods wholly produced in the Republic of Kazakhstan, listed in Article 34 of the Customs Code of the Republic of Kazakhstan;

     13) A list of unreliable suppliers - systematic information about suppliers, has not performed or improperly performed its obligations under the procurement contract, avoiding the conclusion of the contract in the event that the winner of the procurement or provide false information on qualification requirements;

     14) supplier - a natural person engaged in business activities, the legal entity (except public institutions, unless otherwise provided by the laws of the Republic of Kazakhstan), the temporary association of legal entities (consortium), acting as the counterparty of the customer in the contract concluded with the procurement;

     15) potential supplier - a natural person engaged in business activities, the legal entity (except public institutions, unless otherwise provided for them by the laws of the Republic of Kazakhstan), the temporary association of legal entities (consortium), claiming to be a procurement contract);

     16) Tender documentation - documentation provided to potential suppliers, and containing information on the conditions of the tender;

     17) Tender Commission - a collegial body established by the Corporation to carry out the procurement procedures for the tender process;

     18) Holding - JSC "National Holding" KazAgro ", is the sole shareholder of the Corporation;

     19) commission of experts - a collegial body, created by the decision of the Corporation and attracted to participate in the development of technical specifications and (or) technical specification of the goods, works and services, as well as for the preparation of an expert opinion on the conformity of the proposals of potential suppliers of technical specification of the goods, works and services;

    20) expert - an individual who has been called to participate in the development of technical specifications and (or) technical specification of the goods, works and services, as well as for the preparation of an expert opinion on the conformity of the proposals of potential suppliers of technical specification of the goods, works and services.

 

4. General provisions

6. Do not apply to procurement:

     - The acquisition of services provided by physical persons under labor contracts or from individuals who are not business entities, contracts for paid provision of services;

     - Payment of contributions (deposits), including the authorized capital of newly established legal entities;

     - The purchase of goods, works and services carried out in accordance with international treaties of the Republic of Kazakhstan, as well as in the framework of the implementation of investment projects financed by international organizations of which the Republic of Kazakhstan;

     - Acquisition of financial services related to the conduct of banking operations carried out by the National Bank of the Republic of Kazakhstan, banks and institutions performing certain types of banking operations on the basis of licenses issued in accordance with the legislation of the Republic of Kazakhstan;

     - The acquisition of balancing electric energy, electric energy centralized trading, the spot market, in accordance with the legislation of the Republic of Kazakhstan on electricity, electricity and (or) thermal energy from qualified energy producing organizations, carried out in accordance with the legislation of the Republic of Kazakhstan in the field of support for renewable energy ;

     - Payment of fees and charges levied in the seaport;

     - Reimbursement of travel expenses;

     - The payment of remuneration to members of the management body and the Supervisory Board;

     - The purchase of agricultural products and processed products from the producers of agricultural products and processed products, are residents of the Republic of Kazakhstan, as well as their storage, processing, transport, carried out in accordance with the legislation of the Republic of Kazakhstan.   

7. Procurement of goods, works and services are based on the following principles:

     1) The effective implementation of investment projects;

     2) provision of equal opportunities to potential suppliers to participate in the procurement procedure;

     3) fair competition among potential suppliers;

     4) publicity and transparency of the procurement process;

     5) support of local entrepreneurs;

     6) increase of the Kazakh content in procurement;

     7) the optimal and effective spending of money used for the purchase.

     8. The procurement process includes:

     1) development and approval of the procurement plan;

     2) the selection of the supplier;

     3) the conclusion and execution of the procurement contract.

     9. Procedures for the organization and conduct of procurement in the Corporation assigned to the procurement organizer.

     10. On the basis of a written (s) treatment (s) of the Corporation's Board of Directors of the Holding Company is entitled to determine a single procurement organizer of homogeneous types of goods, works and services for the Holding Company and the Corporation, and the organizer of the procurement can be defined structural unit of the Holding Company, or one of the DAO, including the Corporation.

     11. In order to participate in procurement conducted by the Corporation, the potential supplier must meet the following qualifications:

1) have legal capacity (for legal entities), civil capacity (for individuals);

2) be solvent;

3) is not subject to bankruptcy or liquidation;

4) have the material, financial and human resources are sufficient for the fulfillment of obligations under the procurement contract;

5) is not included in the list of unreliable suppliers;

6) is not included in the register of unfair participants of public procurement, formed by the authorized body for public procurement.

     12. The tender documents are developed and approved in accordance with the Rules, qualification requirements to potential suppliers may be specified and supplemented by an organizer of purchase, depending on the subject of procurement.

     13. A list of unreliable suppliers generated by the Corporation and approved by the Board annually no later than January 10. Holding on the basis of lists of approved DAO generates a consolidated list, which is brought to the attention of the Corporation.

     Form of the List of unreliable suppliers developed and approved by the Corporation's Board.

     Suppliers are not performed or improperly performed its obligations under the procurement contract to evade the conclusion of the contract in the event that the procurement winner or given false information on qualification requirements, included in the list of unreliable suppliers are not permitted to participate in procurement within thirty months from the date the establishment of the Corporation such facts. 

5. Procurement planning

14. The procurement plan is developed based on the approved budget and approved by the Corporation's Board.

     15. Procurement Plan approved within 10 (ten) business days from the date of approval of the budget and must include the following information:

1) name of the goods, works and services, including the amounts allocated for procurement over the medium term by years. Range of activities should include information on the amount of goods purchased within the framework of the implementation of these works;

2) a method of procurement;

3) the planned time and place of delivery of goods, works and services;

4) Planned date of delivery of goods, works and services in accordance with the schedule and by year within the limits of the amounts provided for, and for each financial year in the cases of procurement contracts with terms of their completion;

5) targets for the share of Kazakhstani content provider works, services provider in the annual volume of purchases of the goods;

6) Organizer procurement.

     16. The Corporation shall have the right to make changes and / or additions to the procurement plan.

     17. Within five working days after the approval of the procurement plan or making changes and / or additions to the Corporation is required to place it on the web-site, without specifying the amounts allocated for procurement.

     18. Decision on the implementation of procurement adopted by the Corporation on the basis of the approved procurement plan. Not allowed the purchase of goods, works and services not covered by the approved procurement plan.

     The Corporation may carry out procurement procedures concerning the selection of a supplier of goods, works and services to the approval of the budget (business plan, budget revenues and expenses) and the procurement plan. In this condition of the conclusion of the procurement contract shall be the adoption of the budget (business plan, budget revenues and expenses) and the procurement plan for goods, works and services in respect of which have been carried out procurement procedures concerning the selection of a supplier. 

 

6. Procurement methods

19. The Corporation shall purchase by the following ways:

1) the tender;

2) Request a quotation;

3) on the organized electronic trading;

4) through commodity exchanges;

5) from a single source. 

7. Purchasing by tender

§1. General provisions

 

20. The tender is conducted in accordance with the requirements of Article 915 of the Civil Code of the Republic of Kazakhstan.

     21. The procurement procedure for the tender process will include the following sequential events:

1) decision-making by the Corporation to conduct the procurement of goods, works, services by way of tender, approval of the tender commission, if necessary, a commission of experts (expert), the appointment of the Secretary of the tender commission, approval of the tender documentation;

2) Notice about purchasing of the tender on the Internet site of the Corporation and in a periodical;

3) to provide potential suppliers tender documentation and registration of potential suppliers who have received the tender documents;

4) reception and registration of tender commission secretary of potential suppliers of applications for participation in the tender;

5) The meeting of the tender commission on opening of envelopes with bids of potential suppliers to tender, the formulation of the protocol of opening envelopes with bids of potential suppliers to participate in the tender;

6) consideration of the tender commission potential suppliers of applications for participation in the tender, summing up the tender, execution of the protocol on the results of the tender;

7) publication of information on the results of the tender on the Internet site of the Corporation and in a periodical;

8) Finally, the winner of the tender for the procurement contract.

     22. To carry out the tender procedures for procurement of goods, works and services by the Chairman of the Board of the Corporation or by a person acting as him, the decision about purchasing of the tender, the approval of the composition of the tender commission and the tender documents.

     23. Development and coordination provided for in paragraph 22 of the Rules of the draft decision of the Corporation Chairman of the Board or the person performing his duties, the responsibility of the procurement organizer.

     At the same time the organizer of purchases, if necessary, approval of the composition is initiated by a commission of experts (expert). 

 

§2. The tender commission

      24. The composition of the tender commission consists of a chairman, deputy chairman and members of the tender commission. The total number of members of the tender committee should be an odd number, and be at least five people.

     The mandatory part of the tender commission introduced a representative of the organizer of purchases or officer of the Corporation supervising procurement organizer, as well as employees of the financial and the legal departments of the Corporation.

     Secretary of the Tender Commission shall be appointed from among the procurement organizer workers. Secretary of the Tender Commission has no say in making the tender commission decision.

     25. The meeting of the tender commission held on condition that a simple majority of the members of the tender commission. In the absence of any member of the tender commission, in the minutes of opening envelopes with applications of potential suppliers to participate in the tender and on the results of the tender stated the reason for his absence.

     26. The decision of the tender commission adopted by a simple majority vote of the members of the tender commission. In case of equality of votes is considered to be a decision voted for by the chairman of the tender commission, and in his absence - Deputy Chairman.

     27. During the period of the tender commission is not allowed unauthorized interference in its activities. Chairman, Deputy Chairman and members of the tender commission are independent in making decisions from superior officers of the Corporation faces.

     28. The members of the tender commission have the right to a dissenting opinion, which in the case of its expression must be stated on the day of the meeting of the tender commission in writing and attached to the minutes of the committee meeting.

     29. The Chairman and members of the tender commission, as well as its secretary until the completion of the procurement process are obliged to respect the confidentiality of all information made available to them by potential suppliers, confidential nature.

 

§3. Tender documentation

 

     30. Tender documents, in addition to qualification requirements,

provided for in paragraph 11 of the Rules, shall contain the following information:

1) the name and address of the Corporation;

2) description and required technical, quality and performance characteristics of the goods, works and services, including the duly approved design and estimate documentation / required section of the duly approved design and estimate documentation, technical specifications and, if necessary, with an indication of normative and technical documentation;

3) the quantity of goods, the volume of work performed, services rendered, are the subject of ongoing procurement;

4) the place of delivery of goods, works and services;

5) the required time of delivery of goods, works and services, to provide quality assurance of the offered goods, works, services;

6) the terms of payment and draft contract on procurement, indicating the essential conditions;

7) a description of all the mandatory criteria of evaluation and comparison of bids of potential suppliers to participate in the tender, affecting the conditional decrease or increase prices;

8) the requirements for the content of a quotation, including guidance in addition to the price of the goods, works and services for their transportation costs and insurance, payment of customs duties, taxes and fees, and other expenses under the terms of the supply of goods, works and services;

9) the currency or currencies in which the price offer of the tenderer must be expressed, and the rate to be applied to bring the conditional price to a single currency for the purpose of comparison and evaluation;

10) requirements for language preparation and submission of applications for participation in the tender;

11) the conditions of application, the content and the types of security applications for participation in the tender (in case the tender documents intended to be made to secure an application for participation in the tender);

12) an indication of the potential supplier the right to modify or withdraw its application for participation in the tender before the deadline for their submission;

13) the procedure, manner, place and deadline for submission of envelopes with applications for participation in the tender and the required validity of applications for participation in the tender;

14) the ways in which potential suppliers may seek clarifications on the content of tender documents, as well as the place, date and time of a meeting with potential suppliers on an explanation of the provisions of the tender documents;

15) place, date and time of opening envelopes with applications for participation in the tender;

16) description of the procedure of opening envelopes with applications for participation in the tender, the consideration of applications for participation in the tender, evaluation and comparison of applications for participation in the tender;

17) the conditions, types, amount and method of enforcement of the procurement contract (if the tender documents intended to be made to ensure the execution of the procurement contract);

18) e-mail address of an Internet resource on which you plan to post information to be published;

19) the procedure and terms of making changes and additions to the tender documentation;

20) the procedure to conclude the procurement contract on the basis of the tender;

21) information about the consequences of submission to potential supplier (s) false information on qualification requirements, recognition of the potential supplier (vendor) unreliable.

     The tender documents may also contain other additional information to enable potential suppliers to obtain the most complete information about the conditions of ongoing procurement.

     31. The tender documents may indicate the specific standards in force in the Republic of Kazakhstan, in the absence of such standards specified standards adopted in international practice (for example, developed by the International Organization for Standardization), if any, to be met by the goods supplied, works performed, services rendered.

     32. Tender documentation can be provided that a tender shall be allowed only:

1) domestic entrepreneurs;

2) organizations of disabled persons.

     33. In the tender documents, depending on the subject of procurement,

provides for the following mandatory criteria for the evaluation and comparison of bids

potential suppliers to participate in the tender, affecting the conditional decrease or

price increase:

1) the potential supplier is subject to a small or medium enterprise / organization of disabled people (conditional price reduction of 5%);

2) the existence of a potential supplier's experience in the market of goods, works, services (conditional price reduction of 1% for every 2 years of work experience, but not more than 5%);

3) the potential supplier is not the actual producer of the goods purchased by the Corporation (the conditional increase in the price by 5%);

4) offer a potential supplier of the best technical, qualitative and functional characteristics of the goods, works and services (conditional price reduction is not more than 5%);

5) local content potential supplier of works, services, supplier of the goods (conditional price reduction of 1% for every 10% of Kazakhstan content);

6) in the case of procurement of equipment which is not produced in the Republic of Kazakhstan, -providing a potential supplier commitment to localization in the Republic of Kazakhstan of its production (and / or assembly), repair and maintenance (conditional price reduction of 5%).

     34. Tender documentation can be provided making party

bid to secure an application for participation in the tender as a guarantee that he:

1) withdraws or changes its application for participation in the tender after the deadline for submission of applications;

2) in the case of determining the winner of the tender will sign a contract with the Corporation within the time limits set by the protocol on the results of the tender, and will ensure the execution of the contract of the purchase, if the conditions provided for the introduction of procurement to enforce the contract.

     Providing the application for participation in the tender shall be entered in the amount determined by the tender documentation, but not more than five (5) percent of the claimed amount of potential supplier.

     Providing the application for participation in the tender is not paid disability organizations.

     35. The tender documents are submitted by the Corporation to potential suppliers on paper or by means of placement of the approved tender documents on the Internet site of the Corporation.

     The Corporation is required to submit a copy of the tender documents to potential suppliers on the day of treatment to submit copies of the tender documents. Information on potential suppliers, which is a copy of the tender documents, shall be entered in the register of potential suppliers who have received the tender documents. Not allowed to submit tender documents before publication of the text of the announced tender.

 

§4. Notification about purchasing of the tender

 

     36. The Corporation is not less than fifteen (15) calendar days before the final date of submission of applications by potential suppliers to participate in the tender must:

1) published in a periodical announcement of the procurement process of the tender;

2) placed on the Internet site of the Corporation text ads on the implementation of the procurement process of the tender;

3) разместитьутвержденнуютендернуюдокументациюнаинтернет-ресурсе Corporation.

     The period for submission of applications for participation in the tender begins with the date of publication of the ad in a periodical.

     37. Announcement oprovedenii purchasing of the tender shall contain the following information:

1) full name, email and postal address of the Corporation;

2) the name of the ongoing procurement of goods, works and services;

3) the name, as well as the required amount, place and terms of supplying goods, performing works, rendering services;

4) place and methods of making copies of the tender documents;

5) the place and deadline for submission of applications for participation in the tender, as well as the date, time and place of opening of envelopes with applications for participation in the tender;

6) the condition of the presence of a representative of the potential supplier of office to obtain copies of the tender documents and submission of applications for participation in the tender.

     The information contained in the declaration on the implementation of the procurement tender process, must comply with the data specified in the tender documents.

 

§5. Envelopes with applications for participation in the tender, application processing and summarizing the results of the tender

 

     38. Opening of envelopes with applications for participation in the tender is made by tender commission in the presence of authorized representatives arrived potential suppliers in terms of time and place specified in the tender documents.

     At this meeting, the tender commission:

1) a representative of the organizer of purchases, details of which are specified in the tender documentation, informs present about:

     the composition of the tender commission, the secretary of the tender committee;

     number of potential suppliers who have received a copy of the tender documents;

     the presence or absence of inquiries of potential suppliers, the organizer of conducting procurement meeting with potential suppliers on an explanation of the provisions of the tender documents;

     the presence or absence of the fact and the reasons for inclusion in tender documentation of changes and additions;

     potential suppliers who submitted in due time applications for participation in the tender, registered in the corresponding log;

2) The chairman of the tender commission or the person defined by the chairman from among the members of the tender commission:

     opens envelopes with applications for participation in the tender and announce a list of documents contained in the application and summary;

3) The Secretary of the Tender Commission:

     out the corresponding protocol of opening envelopes; inform the authorized representatives of the potential supplier on term during which they can get a copy of the minutes of the meeting of the tender commission.

     on opening of envelopes with applications for participation in the tender Minutes of the meeting of the tender commission is signed and initialed by all members of one sheet, as well as Secretary of the Tender Commission and posted on the Internet site of the Corporation.

     A copy of the minutes of the said meeting of the tender commission is provided to authorized representatives of potential suppliers not later than two working days from receipt of the written request.

     39. Applications for participation in the tender considered by the Tender Commission for compliance with the qualification requirements of potential suppliers, compliance with the requirements of the tender documentation applications. Not rejected on the grounds specified in the tender documents, bids are compared and evaluated by the Tender Commission for the purpose of selecting the winner of the tender, to offer the best conditions of supply to be procured

goods, works and services.

     Applications will be considered by the Tender Commission not later than within 10 (ten) business days from the date of opening of envelopes with applications for participation in the tender. During the procurement of goods, works and services with sophisticated technical features and specifications, the application may be considered by the Tender Commission within not more than fifteen (15) working days from the date of opening of envelopes with applications for participation in the tender.

     40. When considering applications the tender commission has the right to:

1) request from the potential suppliers of materials and explanations necessary for the examination, evaluation and comparison of applications;

2) to update the information contained in the applications, request the necessary information from the relevant state bodies, individuals and legal entities.

     With the exception of queries and other actions of tender commissions associated with reduction of applications for participation in the tender in accordance with the requirements of the tender documentation, the application is to complement the missing documents, replace documents in matching improperly executed documents.

     41. The tender commission recognizes the potential supplier to inappropriate qualifying requirements in a case:

1) failure by the potential supplier or representation improperly issued document (s) to verify compliance of the potential supplier qualification requirements;

2) non-conformance with the qualification requirements on the basis of the information contained in the documents submitted by potential supplier to confirm its compliance with the qualification requirements;

3) submission of false information on qualification requirements;

4) if a potential supplier is included in the list of unreliable suppliers, as well as in the register of unfair participants of public procurement, formed by the authorized body for public procurement.

     42. The tender commission rejects the application if:

1) recognition of the potential supplier to inappropriate qualifying requirements;

2) recognition of the application of inappropriate requirements of the tender documentation;

3) if a potential supplier is an affiliated person of another potential supplier who has submitted an application for participation in the tender (lot);

4) price proposal exceeds the amount allocated for the purchase;

5) The price proposal of the potential supplier recognized as the tender commission dumping.

     43. The winning bid is recognized dumped in the following cases:

1) price offer for design and survey and construction work, which has a design and estimate documentation, approved in the established order, admits dumping if it is more than ten (10) per cent less than the amount prescribed for purchase in the procurement plan;

2) price offer for consulting services is recognized as dumping if it is more than seventy (70) percent below the arithmetic mean of the prices of all the price proposals, not exceeding the amount provided for the purchase in the procurement plan;

3) the price offer on the work, not specified in subparagraph 1) of this paragraph, services not specified in subparagraph 2) of this paragraph, the goods is recognized as dumping, if it is more than 30 (thirty) percent below the arithmetic mean of the prices of all the price offers, not exceeding the amount provided for the purchase in the procurement plan.

     44. Do not reject an application compared and evaluated by the Tender Commission in accordance with the criteria contained in the tender documents. The winner of the tender

determined on the basis of the minimum notional price calculated taking into account the application of the criteria contained in the tender documents.

     In the case of purchase of goods with equal conditional prices of tender price offers the winner is the domestic producers, with the equality of the conditional price of domestic producers recognized the winner of domestic producers, with extensive experience in the market of purchased goods. In the case of procurement of works and services in case of equality of conditional prices of tender price offers a potential winner is the supplier with extensive experience in the market of purchasing works and services that are the subject of procurement.

     45. The results of the tender in the protocol. The protocol on the results of the tender is signed and initialed by all members of one sheet of the tender commission and its secretary.

     The protocol on the results of the tender shall contain the information:

1) the place and time of summarizing;

2) of the received applications of potential suppliers to participate in the tender;

3) the amount allocated for the purchase of prescribed procurement plan (in the event that the tender was held);

4), to reject the application, based on the deviation;

5) of the potential suppliers, recognized relevant qualification requirements and the requirements of the tender documentation;

6) on the results of the evaluation criteria;

7) on the outcome of the tender;

8) the amount and timing of the conclusion of the procurement contract if the tender was held;

9) other information that the tender commission.

     46. ​​Tender Tender Commission recognized invalid if:

1) providing at least two applications for participation in the tender;

2) recognition of compliance with the qualification requirements and the requirements of the tender documentation at least two potential suppliers, whose price offers do not exceed the amount allocated for the purchase;

3) evasion of the winner of the tender to conclude a contract.

     47. Corporation not later than 10 (ten) business days from the date of signing of the protocol on the results of the tender:

1) sends a notification to the winner;

2) publishes information on the results of the tender on the Internet site of the Corporation and in a periodical.

     48. Corporation not later than three (3) business days from the date of receipt of the written request of the potential supplier, details of which are included in the register of applications, should provide it with a copy at no charge on the results of the tender protocol.

     49. The Corporation may, at any stage of procurement to abandon the procurement in cases reduce the cost of procurement of goods, works and services provided for in the procurement plan, reducing the need for sound or sound inappropriate acquisition of goods, works and services procured on this tender.

     In this case, the Corporation shall:

1) within three (3) working days from the date of the decision to waive procurement notify the persons participating in the ongoing procurement and publish an announcement on the Internet site;

2) within 5 (five) working days from the date of the decision to waive procurement return made software applications.

     50. In the event of irregularities in the tender held by the Tender Commission to the date of the contract is obliged to cancel the results of the tender.

     In the event of submission of a potential supplier / supplier of false information on qualification requirements of the Corporation shall be entitled to unilaterally withdraw from the contract and claim damages.

 

8. Implementation of the procurement method of budget enquiry

 

      51. The use of this method is allowed in the case of procurement of goods, works and services, if the amount incurred for its purchase of the Corporation's procurement plan, no more than four thousand monthly estimates established by the law on the republican budget for the corresponding fiscal year.

      It is not allowed for the application of price proposals request of crushing in purchases of similar types of goods, works and services during the financial year to the extent not exceeding four thousand monthly calculation index established by the law on the republican budget for the corresponding fiscal year. This requirement does not apply to cases in which the Corporation carries out procurement of goods, works and services required for the operation of the branch (representative office), subject to the implementation of such purchases on behalf of the Corporation directly branch (representative office).

      52. Corporation not later than five (5) business days prior to the deadline for submission of quotations is obliged to place on the Internet • resource classified Corporation, containing the following information:

1) the planned procurement price proposals request -naimenovanie, brief characteristics and the required volume, place, terms and conditions of delivery of goods, works and services (with the technical specifications of the application, if necessary);

2) the timing of initiation and completion of presentation price offers by potential suppliers;

3) draft contract on purchases if necessary.

     53. Conducting the procurement method of price offers may provide that procurement conducted only among:

1) domestic entrepreneurs;

2) organizations of disabled persons.

     54. Presentation of the potential supplier quotation means his agreement to supply goods, perform works, render services following the terms specified in purchase information.

     Information on the potential supplier to provide an envelope with price proposal before the deadline, shall be entered in the appropriate register of price proposals. These details are logged in chronological order, as potential suppliers of envelopes with price proposals. The envelope with the price offer submitted after the deadline for their submission, and returned not subject to registration.

     55. The Commission, established by the Corporation to carry out the procurement procedure, with the exception of purchases by means of tender, not later than 1 (one) working day from the closing date for submission of quotations opens envelopes with price proposals, compares the price proposals and determines the potential supplier who offered the least price offer.

     If the lowest offer price represented several potentsialnymipostavschikami, pobeditelempriznaetsyapotentsialnyypostavschik, which received a price quote before the price proposals of other potential suppliers.

     56. Potential supplier quotation shall be rejected if:

1) it is more than the amount allocated for the purchase;

2) potential supplier does not accept any offers to change and (or) supplement the terms of procurement, except in cases where a potential supplier offers the best conditions for supply of goods, works and services, as well as the best features of the goods, works and services;

3) the potential supplier provided more than one quotation;

4) the potential supplier is included in the list of unreliable suppliers, as well as in the register of unfair participants of public procurement, formed by the authorized body for public procurement.

     57. Purchases by price proposals request considered invalid in the case of:

1) providing at least two (2) of quotations;

2) if after the rejection of quotations on the grounds provided by paragraph 56 of the Rules, there are less than two (2) of quotations;

3) potential supplier evaded from the conclusion of the procurement contract.

     58. The results of the procurement method of price offers should be announced by the Corporation no later than three (3) business days from the end date for the submission of price offers by potential suppliers and are decorated in a committee report.

     Corporation not later than three (3) business days from the date of approval of the outcome of the procurement method of price offers is obliged to publish information on the results on its web-site.

     59. The Corporation may make purchases by price proposals request for the list approved by the Corporation's management body, with no limit on the amount allocated for the purchase provided for in paragraph 51 of the Rules.

 

9. Procurement in the organized electronic trading and through open commodity exchanges

      60. Purchases in organized electronic trades are made through e-commerce system to ensure the procurement of goods, works and services in real time, in accordance with the legislation of the Republic of Kazakhstan on regulation of trading activities.

     The admission of potential suppliers to the organized electronic trading, registration of procurement contracts concluded at the organized electronic trading, as well as the collection, collation and analysis of information about procurement in organized electronic trading carried out through the use of e-procurement.

     61. Procurement through open commodity exchanges are carried out by the Corporation in accordance with the legislation of the Republic of Kazakhstan.

 

10. Single-source procurement

     62. Single-source procurement shall be carried out by the Corporation in the following cases:

1) if you purchase one of the ways specified in subparagraphs 1) - 4) of paragraph 19 of the Rules, declared invalid;

2) if the Corporation to purchase goods, works and services from any provider, you will want to have the same supplier for other purchases of unification, standardization or compatibility with existing goods, equipment, technology, works or services;

3) payment of arbitration fees, expenses related to the resolution of the dispute in the arbitration court;

4) purchase of goods, works and services, if the total amount of similar types of goods, works and services provided for the procurement plan for the relevant calendar year, not more than two thousand fold monthly calculation index established by the law on the national budget for the relevant financial year;

5) purchase of goods, works and services, if there is a need for procurement of daily and (or) weekly needs (for the period from the announcement and before the conclusion of a contract following a tender) on the list approved by the Board of the Corporation;

6) purchase of goods, works and services for localization and (or) emergency response, to eliminate accidents at electric power facilities, communications, life support systems, facilities rail, air, road, sea transport, telecommunications, sewage treatment plants, oil pipelines, gas pipelines and other hazardous industrial facilities, as well as in the event of damage, failure of communications, mechanisms, aggregates, spare parts and materials in transit, requiring the immediate restoration;

7) purchase of goods, works, services separate subdivisions of the Corporation in a foreign country (outside the territory of the Republic of Kazakhstan) for the operation of a separate division;

8) purchase of goods, works and services from persons defined by the laws of the Republic of Kazakhstan;

9) purchase of goods, works and services, which are the objects of intellectual property, the person who has the exclusive right in respect of purchased goods, works and services;

10) acquisition of natural resources law;

11) acquisition of goods, which are the raw materials for strategically important productions, not produced in the territory of the Republic of Kazakhstan and acquired abroad, according to the list of goods approved by the Board of the Corporation;

12) purchase of goods for the purpose of further processing on the list approved by the Board of the Corporation;

13) acquisition of materials exhibitions, seminars, conferences, meetings, forums, symposiums, trainings, as well as for participation in these activities of payment;

14) acquisition of periodical publications on paper and (or) electronic media services on the arrangement of information in the international media, as well as services for the provision of information posted on the Web site, dubbed books published on various magnetic media, books published Braille;

15) purchase of specialized library services;

16) acquisition of services for the provision of information by international news organizations;

17) acquisition of services for the compulsory medical examination of workers engaged in heavy work or work under harmful (particularly harmful) and (or) dangerous working conditions, as well as work associated with increased risk, machines and mechanisms;

18) acquisition of the marine agent services, maritime broker;

19) acquisition of securities in the implementation of treasury operations related to the placement of temporarily free money;

20) The acquisition of works on objects that provide secrecy of their location;

21) acquisition of long-term contracts for goods from domestic producers, providing for the organization of serial production of goods in the Republic of Kazakhstan on the technical conditions of the Corporation, if the goods are not produced in the Republic of Kazakhstan for the past three years;

22) acquisition of services for trustee;

23) acquisition of goods, works and services for the fulfillment of obligations under the contract:

     on public procurement concluded them as a supplier in the framework of the public procurement legislation;

     Procurement signed them as a supplier in the procurement of the Rules on the basis of the tender;

     on the results of the tender held in accordance with the legislation on subsoil use;

24) acquisition of goods, works and services from the twenty-five or more percent of shares (interests) which are directly or indirectly owned by the Corporation, in organizations that either directly or indirectly, twenty-five or more percent of shares (participation shares) of the Corporation, the major subject their activities;

25) acquisition of goods, works and services in order to implement strategic investment projects;

26) The acquisition of works or services related to the introduction of new technologies, from the owner of the technology;

27) purchase of works on designing the supplier duly performed the bulk of the work on preparation of project documentation;

28) purchase of works on designing the supplier, project documentation, arising from the need to make changes and additions to the project documentation;

29) acquisition of goods, works and services at prices, rates, fees and charges established by the legislation of the Republic of Kazakhstan or other countries legislation;

30) acquisition of goods, works and services from natural monopoly entity at regulated services according to the legislation of the Republic of Kazakhstan on natural monopolies;

31) acquisition of goods, works and services from the person holding the dominant (monopolistic) position in a certain market of goods, works and services, whose share in this market is equal to one hundred (100) percent, or a subject of the state monopoly on the main subject of its activities;

32) acquisition of natural gas, water, water supply and thermal energy through the connecting network;

33) acquisition of goods, services and related expense accounts;

34) acquisition of property (assets), sold at auction (auctions):

     bailiffs in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings;

     carried out in accordance with the legislation of the Republic of Kazakhstan on bankruptcy;

     carried out in accordance with the land legislation of the Republic of Kazakhstan;

    in the privatization of state property;

35) acquisition of consulting and legal services for the protection and presentation of the Corporation's interests in international commercial arbitration and international courts;

36) acquisition of goods, works and services carried out in accordance with international treaties;

37) purchase of goods for further transfer to leasing in the implementation of leasing activity, as well as goods, works and services directly related to acquisition, delivery and bringing the leased asset to a working condition;

38) acquisition of services for training, retraining and skills development;

39) acquisition of goods, works and services within the state order;

40) acquisition of operating the services of access roads;

41) acquisition of services for renting satellite capacity;

42) acquisition of services for the dissemination, broadcast television, including via satellites and ground facilities;

43) acquisition of services on the stretch of video / audio content;

44) acquisition of services of rating agencies, financial services;

45) acquisition of waste removal services (sewerage);

46) acquisition of services for repair of aviation equipment in specialized aircraft repair enterprises;

47) purchase of electricity, including a power supply company, a member of the Corporation.

48) acquisition of goods, works and services required for the implementation of targeted scientific and technical programs approved in accordance with legislation.

     63. In the implementation of the procurement process from one source the organizer of purchases can direct potential supplier (or several potential

suppliers) written invitation to participate in the procurement, which should contain the following information:

1) the name and address of public purchases initiator;

2) description and required technical, quality and performance characteristics of the goods, works and services, including, where appropriate, technical specifications, plans, drawings and sketches, with an indication of normative and technical documentation;

3) the quantity of goods, the volume of work performed, services rendered, are the subject of ongoing procurement;

4) the place of delivery of goods, works and services;

5) the required time of delivery of goods, works and services, to provide quality assurance of the offered goods, works, services;

6) the payment terms;

7) draft agreement on procurement, indicating the essential conditions (if necessary), as well as other conditions.

     64. Potential (e) the supplier (s) who has expressed (e) a desire to supply goods, works and services that are the subject of ongoing procurement from one source, should (ies) to provide in due time the organizer purchases the following information:

1) a description of the offered goods, works and services, with an indication of the persons who are potential supplier provides to involve as subcontractors (collaborators) of works or services;

2) a written justification for the price of the offered goods, works, services.

     65. Presented potential (s) supplier (s) of the documents considered by the Commission, established by the Corporation to carry out the procurement procedure, with the exception of purchases by means of tender. If necessary, the Commission may request additional information or documents in order to determine whether the potential (s) supplier (s) to supply the acquired goods, works and services.

     66. Results of the protocol of the procurement process from one source, which should contain the following information:

1) justification of the method of procurement from a single source;

2) a brief description of the goods, works and services procured from a single source;

3) the name and address of the supplier with whom the procurement contract with the price of the contract will be concluded.

     67. Minutes of the procurement process from one source signed by the chairman, members and secretary of the commission. Corporation not later than three (3) working days from the date of approval of the outcome of the procurement process from one source is required to post information on the results on the web-site.

     68. In the implementation of the procurement process from one source in the cases provided for in paragraph 62 of the Rules, the potential supplier should not be in the List of unreliable suppliers, as well as in the register of unfair participants of public procurement, the formed authorized body for public procurement.

 

11. Making procurement treaty

 

     69. The procurement contract is in accordance with the statement in the tender documents / directed to the potential supplier (for the procurement method of price offers and from a single source) project contract. In the draft agreement, as well as the procurement contract may be amended and supplemented by mutual agreement.

     It is not allowed to make in the project or in the conclusion of the procurement changes, which can change the contents of the conditions carried out (spent) procurement and (or) offers, who appeared as a basis for the choice of supplier.

     70. The procurement contract on the basis of the tender is the time specified in the protocol on the results of the tender, but not more than 30 working days from the date of signing of the protocol on the results of the tender.

     71. If the procurement conditions intended to be made to enforce the contract, the supplier makes such provision in the manner prescribed by the terms of procurement.

     Enforcement of the procurement contract shall not be entered by small and medium-sized businesses and organizations of disabled persons.

     72. The returns made by the Corporation to ensure performance of the contract of the purchase to the supplier within 5 (five) working days from the date of full and proper performance of its obligations under the procurement contract or on the date specified in the contract procurement.

     73. If a potential supplier in the terms established in the protocol on the results of the tender / procurement price proposals request, did not provide the Corporation signed a procurement contract or by entering into a contract, is not made to ensure fulfillment of the contract (if any procurement conditions), then a potential supplier has evaded making a purchase contract.

     In the event that a potential supplier evaded from the conclusion of the procurement contract made by the Corporation holds them maintenance of the application (if the tender) and enter information about this provider in the list of unreliable suppliers.

     74. Allowed the implementation of procurement of goods, works and services without a contract in the event that the volume of purchases of similar goods, works and services in terms of value does not exceed one hundred times the monthly calculation index established by the law on the republican budget for the corresponding fiscal year.

     75. In the case of increasing the demand for goods, works and services, increase the amount of the contract is subject to the condition fixed price per unit of goods, works and services within the amounts provided for the procurement plan (updated procurement plan).

 

 

 

12. Monitoring of the Kazakhstani content

 

     76. The Corporation monitors the Kazakhstani content through the collection, compilation and analysis of data on volumes of the Kazakh content in the procurement of goods, works and services.

 

13. Responsibility for violation of the Rules

 

 

     77. The Officials of the Corporation, as well as other decision-makers in the procurement process, including the members of the tender, the expert commission, the expert, shall be personally responsible for the violation of the rule of law and damage to the Corporation.