On approval of the Rules for the formation, placement and implementation of the state defense order

Updated Unofficial translation

Government of the Republic of Kazakhstan dated October 14, 2019 No. 759.

      Unofficial translation

      In accordance with subparagraph 6) of article 5 of the Law of the Republic of Kazakhstan dated March 18, 2019 “On the defense industry and state defense order”, the Government of the Republic of Kazakhstan RESOLVES:

      1. To approve the attached Rules for the formation, placement and implementation of the state defense order.

      2. To recognize as invalid some decisions of the Government of the Republic of Kazakhstan in accordance with the annex to this resolution.

      3. This resolution shall be enforced upon expiry of ten calendar days from the date of its first official publication.

      Prime Minister of the Republic of Kazakhstan A. Mamin

  Approved
by the Government of the
Republic of Kazakhstan
dated October 14, 2019 № 759

Rules for formation, placement and execution of the state defense order

      Footnote. Rules in the wording of the resolution of the Government of the Republic of Kazakhstan dated 18.02.2021 № 72 (shall be enforced upon expiry of the calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for the formation, placement and execution of the state defense order (hereinafter referred to as the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan dated March 18, 2019 "On defense industry and state defense order" (hereinafter referred to as the Law) and shall determine the procedure for the formation, placement and execution of a state defense order (hereinafter referred to as the defense order).

      2. The formation, placement, intersectoral coordination and control over the implementation of the defense order shall be carried out by an authorized body.

Chapter 2. Formation and placement of defense order

      3. Formation and placement of the defense order shall be made in the limits set on these purposes of the expenses provided by the republican budget for the three-year period.

      4. Recipients of the defense order (hereinafter - recipients) shall form a tactical-technical task (technical specifications, tactical-technical characteristics) (hereinafter - technical specifications) in accordance with national standards.

      When forming the technical specifications, it is allowed to include additional requirements for the configuration of the acquired defense order products.

      In the absence of national standards, for the purposes of unification, standardization, interoperability and acquisition of new (test) prototypes of weaponry and military hardware, the recipients shall independently form technical specifications for military goods (products), dual-use (dual application) goods (products), military works and military services (hereinafter - defense order products) proposed for procurement, indicating the required functional, technical, qualitative and operational characteristics.

      In the absence of national standards it is allowed to indicate trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the country of origin of goods and the name of the manufacturer.

      When drawing up technical specifications for materiel property the recipient shall stipulate a requirement for in-country value of raw materials of at least 30%, except for materiel property intended for special purpose units.

      Footnote. Paragraph 4 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      5. No later than December 1 of the preceding fiscal year, recipients, when budgetary funds under the defence order are provided for in the budget of the authorized body (hereinafter - when the funds are held by the authorized body), shall send to the authorized body an application in accordance with the form of Appendix 1 to these Rules with attachment of the approved technical specifications for the required defence order products for the relevant planning period in paper and electronic form, indicating information on the quantity (volume) and places of delivery of the defense order products planned for acquisition. In this case, the preceding financial year is the period two years before the corresponding planning period.

      Footnote. Paragraph 5 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      6. By January 5 of the current fiscal year, the authorized body shall send technical specifications to domestic manufacturers, domestic suppliers of works, services included in the register of domestic manufacturers of military goods (products), dual-use (dual application) goods (products) and domestic suppliers of military works and military services of the state defense order (hereinafter - the register), by activity areas and to the authorized organization.

      In this case, the current fiscal year is the year preceding the planning period.

      Footnote. Paragraph 6 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      7. By January 5 of the current fiscal year, recipients, when budget funds under the defense order are provided for in the recipients' budget (hereinafter - when the funds are held by the recipient), shall independently send technical specifications to domestic commodity producers, domestic suppliers of works, services included in the register, by activity areas and to the authorized organization.

      Footnote. Paragraph 7 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      8. The authorized organization from the moment of obtaining the specification shall carry out procedures for working off of specifications with foreign producers with involvement of representatives of the recipient.

      9. By March 1 of the current fiscal year, domestic commodity producers, domestic suppliers of works and services included in the register and the authorized organization shall submit to the authorized body or recipients, when the funds are held by recipients, the calculation plan in accordance with the Rules for pricing of military goods (products), dual-use (dual application) goods (products), military works and military services under the state defense order, approved by the decree of the President of the Republic of Kazakhstan dated October 17, 2019 № 772 (hereinafter referred to as the Pricing Rules).

      Footnote. Paragraph 9 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      10. By April 1 of the current fiscal year, the authorized body shall send to the recipient, when the funds are held by the authorized body, the list of activities on which the calculation plans have not been submitted, as well as the lowest prices for defense order products presented by domestic commodity producers, domestic suppliers of works, services included in the register, and the authorized organization.

      Measures on which no calculation plans were provided are procured in accordance with the legislation on public procurement.

      Footnote. Paragraph 10 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      11. By May 1 of the current fiscal year, the recipient, when the funds are held by the authorized body, in accordance with the prices provided, shall submit to the authorized body a revised application in accordance with the form of Appendix 1 to these Rules for inclusion in the budget request for the corresponding planning period within the amount previously approved by the defense order for the relevant planning period.

      Footnote. Paragraph 11 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      12. Till May 15 of the current financial year authorized body, when means at authorized body, and recipients when means at recipients, in the order established by the budget legislation shall send the budgetary requests for the corresponding planning period to authorized body on budget planning.

      13. By June 1 of the current financial year, in order to select the defense order contractors, the authorized body shall send technical specifications to domestic commodity producers, domestic suppliers of works, services included in the register, by activity areas and to the authorized organization.

      Footnote. Paragraph 13 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      14. By June 1 of the current fiscal year, in order to select the defense order contractors, the recipients, when the funds are held by recipients, shall send technical specifications to domestic commodity producers, domestic suppliers of works, services included in the register, by activity areas and to the authorized organization.

      Footnote. Paragraph 14 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      15. Within the period until July 1 of the current fiscal year, in order to select the contractor, domestic commodity producers, domestic suppliers of works, services, included in the register, and the authorized organization shall submit to the authorized body or recipients, when the recipients have the funds, tender documentation - planned calculations in accordance with the Pricing Rules.

      Domestic commodity producers, domestic suppliers of works, services, included in the register, specializing in the production of clothing and special equipment, personal protective equipment, within the period up to July 1 of the current fiscal year shall submit to the address of the recipients samples of the claimed products to carry out verification of the conformity of products to the requirements of the technical assignment with the attachment of documents confirming the quality of raw materials used.

      Samples of declared products shall be registered in the journal in the form according to Annex 1-1 to these Rules.

      Submission of planned calculations by domestic commodity producers, domestic suppliers of works and services included in the register shall be a confirmation of their consent and ability to supply defense order products in compliance with the conditions stipulated in the terms of reference.

      It shall be prohibited to provide alternative technical specifications when submitting planned calculations.

      Footnote. Paragraph 15 - in the wording of the resolution of the Government of the RK dated 29.04.2024 № 348 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      16. In order to select an executor, when the funds shall be with the authorized body, a competitive commission(s) of the authorized body shall be established (hereinafter referred to as the commission for selection of executors).

      The commission for the selection of executors shall include representatives (specialists) of the recipient who have special knowledge in the field of activity.

      In order to approve samples of clothing and special equipment, personal protective equipment and check their compliance with the requirements of the technical assignment, a commission shall be established from among representatives of the recipient.

      The composition of the commission (commissions) for approval of samples of clothing and special equipment, personal protective equipment and the procedure for its work shall be determined by the recipient.

      Footnote. Paragraph 16 - in the wording of the resolution of the Government of the RK dated 29.04.2024 № 348 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      17. The decision shall be considered taken by a simple majority. In case of equality of votes, a decision is made, for which the representative of the recipient voted.

      18. The composition of the commission (s) for the selection of contractors and the procedure of work shall be determined by the authorized body, and its activity shall be carried out in a closed mode with the use of audio and video recording.

      Footnote. Paragraph 18 - as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      19. Recipients, when the recipient has funds, form their own commission for the choice of performers. The decision shall be considered taken by a simple majority.

      20. The commission for approval of samples of clothing and special equipment, personal protective equipment shall approve samples of clothing and special equipment, personal protective equipment within the period until August 15 of the current fiscal year and check their compliance with the requirements of the technical assignment.

      By August 1 of the current fiscal year, if the commission identifies non-compliance of the samples of clothing and special equipment, personal protective equipment with the requirements of the terms of reference, the recipient shall notify the organization in writing of the need to eliminate the identified inconsistencies.

      Within five working days from the date of receipt of the notification, the organization shall notify the recipient in writing of the elimination of the identified deficiencies with the samples attached. If the organization fails to submit the finalized samples for review by the commission within the established timeframe, the submitted planned calculations shall not be opened.

      By August 20 of the current fiscal year, the recipient, when funds are with the authorized body, shall send the act of approval of samples to the authorized body.

      Footnote. Paragraph 20 - in the wording of the resolution of the Government of the RK from 29.04.2024 № 348 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      21. From July 1 through September 25 of the current fiscal year, the authorized body and the recipient, when the funds are held by the recipient, shall conduct procedures to select contractors.

      Footnote. Paragraph 21- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      22. The selection of executors shall be made on a competitive basis by the authorized body or the recipient, when the recipient has the funds, from among the organizations included in the register.

      For clothing and special equipment and personal protective equipment, the selection of contractors shall be made among those organizations included in the register whose samples have been approved by the commission for the approval of samples of clothing and special equipment and personal protective equipment.

      During the procedure for selecting the executors of the state defense order, representatives of the organizations of the defense industry complex participating in the competition shall be entitled to be present at the meeting of the commission for selecting the executors during the opening of envelopes (price offers) with audio and video recording and signing of the minutes of the meeting by the members of the commission.

      Organizations that submitted planning calculations for the purpose of selecting executors shall be notified by e-mail 5 calendar days in advance of the forthcoming procedure for selecting executors, specifying the date, time and place.

      The opening of envelopes with planned calculations shall be conducted by the commission for selection of executors on the date, time and place specified in the notification to the organizations, in the presence of a simple majority of the members of the commission for selection of executors.

      If it is necessary to work with information constituting state secrets within the framework of a particular defense order activity, the presence of a permit for work using information constituting state secrets in the organization included in the register shall be taken into account.

      Footnote. Paragraph 22 - in the wording of the resolution of the Government of the RK dated 29.04.2024 № 348 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      23. When selecting the contractor, the commission for selecting contractors shall make a decision with respect to the organizations that offered the lowest price.

      Footnote. Paragraph 23- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      24. If a single calculation plan not exceeding the allocated limit is submitted during the selection of the contractor, the commission for selection of the contractors shall make a decision on selection of this organization as the defense order contractor.

      Footnote. Paragraph 24- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      25. If two or more organizations have the same calculation plan for the defense order product, the contractor shall be re-selected for these defense order products.

      In this case, the calculation plans, taking into account a reduction in the declared cost, shall be submitted within three working days from the date of receipt of the relevant request by the authorized body or recipient.

      This event shall be conducted before the contractor for the defense order is determined by reducing the declared cost.

      Footnote. Paragraph 25- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      26. The calculation plans shall be presented in envelopes, which shall be opened in the presence of the members of the commission for the selection of contractors.

      The presented calculation plans shall be recorded in the log in accordance with the form of Appendix 1-2 to these Rules.

      Footnote. Paragraph 26- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      27. If an enterprise recognized as a contractor for the defense order refuses to enter into a contract and/or perform on the proposed technical specifications, the subsequent organization that participated in the selection of contractors and offered the lowest price shall be recognized as the contractor.

      Footnote. Paragraph 27- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      28. When the selection of a contractor among domestic commodity producers, domestic suppliers of works, services included in the register has not taken place, a second selection of a contractor shall be conducted for this defense order product.

      In this case, the calculation plans shall be submitted within five working days from the date of receipt of the relevant request by the authorized body or recipient.

      In the event that during the re-selection of the contractor, the contractor among domestic commodity producers, domestic suppliers of works and services included in the register is not determined again, the event is transferred to an authorized organization for execution.

      Footnote. Paragraph 28- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      29. The organizations selected as contractors shall be notified electronically of the results of the selection of the contractor within five calendar days from the date of signing of the minutes of the selection of the defense order contractors.

      If the notification contains restricted information, the notification shall be sent in paper form in compliance with the requirements of the legislation of the Republic of Kazakhstan in the state secrets protection.

      Footnote. Paragraph 29- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      30. If the authorized organization refuses to execute the defense order, the funds allocated for this event can be redistributed to other measures as part of the adjustment of the state defense order.

      31. Paragraphs 15 to 30 of these Rules shall not apply to an authorized organization during disposal by destruction, disposal, burial and reprocessing of unused weapons, military equipment, technical and special means (hereinafter referred to as elimination), with the exception of ammunition.

      32. In exceptional cases in order to solve the tasks of the President of the Republic of Kazakhstan, the Security Council or the Republican Operational Headquarters of the Republic of Kazakhstan in case of sudden threats, emergencies, introduction of a state of emergency, solving tasks related to ensuring security and law and order in the state, as well as maintaining combat readiness of the Armed Forces, other troops and military formations of the Republic of Kazakhstan, the authorized body, when the funds are with the authorized body, and the recipients, when the funds are with the authorized body, and the recipients, when the funds are with the authorized body.

      The decision to conduct the procedure for selecting an executor is made by the commission for selecting executors.

      In this case, the planned calculations shall be submitted within five working days from the date of receipt of the relevant request of the authorized body or the recipient.

      Footnote. Paragraph 32 - in the wording of the resolution of the Government of the RK dated 29.04.2024 № 348 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      33. The recipient, when the funds are held by the recipient, shall submit to the authorized body an application according to the form of Appendix1 to these Rules by October 1 of the current financial year.

      Footnote. Paragraph 33- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      34. The draft defense order shall be formed on the recipients' applications in accordance with the Budget Code of the Republic of Kazakhstan, the Law, these Rules and other regulatory legal acts of the Republic of Kazakhstan, development plans of central executive bodies, memoranda of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, international treaties and obligations of the Republic of Kazakhstan.

      The recipients' application shall be approved by the first executive or person authorized to sign the application and shall be sent to the authorized body.

      For untimely and/or poor quality application, the recipient shall be held liable as established by the legislation of the Republic of Kazakhstan.

      Footnote. Paragraph 34- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      35. The corresponding draft resolution of the Government of the Republic of Kazakhstan on approval of the defense order, coordinated with the Administration of the President of the Republic of Kazakhstan, shall be submitted to the Government of the Republic of Kazakhstan within 5 working days from the date of signing the law on the republican budget for the corresponding planning period in accordance with Appendix 2 to these Rules.

      The defense order shall be adjusted in case of adjustment and/or correction of the republican budget.

      For untimely and/or poorly formed state defense order the authorized body shall bear responsibility established by the legislation of the Republic of Kazakhstan.

      Footnote. Paragraph 35- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      36. Within ten calendar days after receiving the resolution of the Government of the Republic of Kazakhstan on the approval of the defense order for the corresponding planned period, the authorized body and recipients, when the funds from the recipients, bring its tasks to the relevant executors by sending project relevant agreements for the implementation of the defense order in their part related to them.

      37. The recipients within ten working days after signing the legislative act of the Republic of Kazakhstan on amendments and additions to the Law of the Republic of Kazakhstan on the Republican Budget for the relevant period and/or the resolution of the Government of the Republic of Kazakhstan on adjustment of the Republican Budget shall submit applications to the authorized body in the form of Appendix 1 to these Rules.

      Footnote. Paragraph 37- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      38. The formation of a state defense order for scientific research shall be determined by the Law, as well as the Rules for the organization and conduct of scientific research within the framework of the state defense order, approved by Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated November 7, 2019 № 829.

      39. The requirements of paragraphs 4 to 38 of these Rules shall not apply to special state bodies.

Chapter 3. Peculiarities of formation and placement of defense order for special state bodies

      40. At making decision on purchase of goods (products) of military purpose, goods (products) of dual-use (application), the performed military works and the rendered military services within the defense order the special public authorities define the list of the products of the defense order which shall be subject to inclusion in the defense order as a part of the budgetary applications.

      40-1. Special state bodies shall, in accordance with the procedure established by the budget legislation of the Republic of Kazakhstan, submit budget requests for defense order products for the relevant planning period to the authorized budget planning body.

      Footnote. Chapter 3 has been supplemented by Paragraph 40-1pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      41. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      42. The choice of the performer by special public authorities is made proceeding from opportunities of providing necessary terms of delivery of products of the defense order demanded quality on the most favorable economic conditions.

      43. In need of work within the defense order with the data making the state secrets the presence at domestic manufacturers of goods (products) of military purpose, goods (products) of dual-use (application) (further – a domestic producer), domestic suppliers of works, services and/or authorized organization of permission to work with use of the data making the state secrets is considered.

      44. In order to form a budget request for the relevant planning period, special state bodies shall, no later than January 5 of the current fiscal year, send technical specifications to domestic commodity producers, domestic suppliers of works, services and/or authorized organization to provide calculation plans in accordance with the pricing Rules.

      Footnote. Paragraph 44- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      44-1. Special state bodies shall form technical specifications in accordance with national standards.

      When forming technical specifications, it is permitted to include additional requirements for completing the acquired defense order products.

      In the absence of national standards, for the purposes of unification, standardization, interoperability and acquisition of new (prototype) samples of weaponry and military hardware, recipients shall independently form technical specifications for the defense order products proposed for acquisition, specifying the required functional, technical, qualitative and operational characteristics.

      In the absence of national standards it is allowed to indicate trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the country of origin of the commodity and the name of the manufacturer.

      When drawing up technical specifications for materiel property special state bodies shall envisage a requirement for in-country value of raw materials of at least 30%, except for the materiel property intended for special purpose units.

      Footnote.Chapter 3 has been supplemented by Paragraph 44-1pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      45. By March 1 of the current fiscal year, domestic commodity producers, domestic suppliers of works, services and/or the authorized organization shall submit calculation plans to the special state body in accordance with the Pricing Rules.

      Footnote. Paragraph 45- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      46. In order to select contractors, special state bodies shall, no later than June 1 of the current fiscal year, send requests on intent of acquiring defense order products to domestic commodity producers, domestic suppliers of works, services and/or an authorized organization.

      In case of specification and/or adjustment of the republican budget, the request shall be sent within five working days from the date of approval of the minutes of the meeting of the Republican Budget Commission.

      Footnote. Paragraph 46- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      47. The request shall contain the following information:

      1) name and technical specifications, standards (if any) of the defense order products to be acquired;

      2) quantity and/or volumes of the defense order products;

      3) place and required delivery dates of the defense order products;

      4) warranty period for the defense order products to be delivered;

      5) list of related work and services, the cost of which must be included in the price of the defense order products;

      6) payment terms, including the amount of advance payment;

      7) when acquiring the materiel property and special equipment, personal protective equipment, the requirement to provide samples.

      Footnote. Paragraph 47- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      48. Response from domestic commodity producers, domestic suppliers of works, services to the request addressed to the special state bodies shall be made before August 1 of the current fiscal year with the attachment of the following documents:

      1) copy of the certificate of state (accounting) registration (re-registration) of a legal entity (branch, representative office) or a copy of the certificate of state (accounting) registration with indication of business identification number;

      2) copies of the license for the right to carry out the relevant type of activity subject to compulsory licensing in accordance with the Law of the Republic of Kazakhstan On Permits and Notifications, and/or the license from the web portal "E-licensing" www.elicense.kz;

      3) certificate of conformity for serially produced products or declaration of conformity for serially produced products, certifying conformity of the products to the requirements established by technical regulations, provisions of standards - for manufacturers of products subject to the procedure of mandatory confirmation of conformity in accordance with the Law of the Republic of Kazakhstan On Technical Regulation, except for products used for protection of information constituting state secret (state secrets) or related to restricted access information of products protected in accordance with the laws of the Republic of Kazakhstan, information about which constitutes a state secret (state secrets);

      4) a document certifying availability of production premises under ownership or lease rights, qualified specialists, as well as technological equipment under ownership rights, necessary for the production of defense order products, except for organizations implementing the defense order in terms of scientific research;

      5) a document certifying the absence of tax arrears, arrears on mandatory pension contributions and social deductions;

      6) financial audit.

      Financial audit includes the annual audit report for the past year, conducted in accordance with the legislation of the Republic of Kazakhstan on auditing activities;

      7) calculation plan in accordance with the Pricing Rules;

      8) technical specifications.

      When acquiring materiel and special equipment, personal protective equipment, samples shall be provided.

      Samples of the declared products shall be registered in the log according to the form of Appendix 1-1 to these Rules.

      When specifying and/or adjusting the republican budget, response from domestic commodity producers, domestic suppliers of works, services to the request to special state bodies shall be made within ten working days from the date of receipt of the request.

      Response from domestic commodity producers, domestic suppliers of works, services, included in the register, to the request to the special state bodies, shall be made by August 1 of the current fiscal year with the attachment of the following documents:

      1) calculation plans in accordance with the Pricing Rules;

      2) technical specifications.

      Footnote. Paragraph 48- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      49. If necessary, a domestic commodity producer, domestic supplier of works, services offers products with better tactical-technical (technical) characteristics than were specified in the request.

      Footnote. Paragraph 49- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      49-1. In order to select a contractor, the commission (commissions) for the selection of contractors shall be formed (hereinafter referred to as the commission). The decision of the commission shall be deemed to be made by a simple majority of votes. In case of equality of votes, the decision in favor of which the chairman of the commission voted shall be adopted.

      The composition of the commission (commissions) shall be determined by the order of the head of the special state body or a person authorized to issue an order.

      The commission shall include specialists of the recipient who have special knowledge in the of activity scope.

      Footnote.Chapter 3 has been supplemented by Paragraph 49-1pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      50. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51. The selection of contractors shall be made from among domestic commodity producers, domestic suppliers of works, military services, who have offered the lowest price and defense order products that meet the requirements specified in the request of special state bodies.

      Footnote. Paragraph 51- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-1. The documents indicated in paragraph 48 of these Rules shall be presented in envelopes, which shall be opened in the presence of the members of the Commission.

      The presented documents shall be recorded in the log in accordance with Appendix 1-2 to these Rules.

      Footnote.Chapter 3 has been supplemented by Paragraph 51-1pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-2. if, when selecting the contractor, one calculation plan is presented that does not exceed the allocated limit, the commission shall make a decision regarding the selection of this organization as the contractor.

      Footnote.Chapter 3 has been supplemented by Paragraph 51-2 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-3. if two or more organizations have identical calculation plans for defense order products, the contractor shall be re-selected for that defense order product.

      In this case, the calculation plan, taking into account a reduction in the declared cost, shall be submitted within three working days from the date of receipt of the relevant request by special state bodies.

      This event shall be conducted before the defense order contractor is determined by reducing the declared cost.

      Footnote. Chapter 3 has been supplemented by Paragraph 51-3 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-4.When the selection of the contractor has not taken place, re-selection of the contractor shall be conducted.

      In this case, the documents specified in paragraph 48 of these Rules, as well as samples of materiel and special equipment, personal protective equipment shall be submitted within five working days from the date of receipt of the relevant request of the special state body.

      Footnote. Chapter 3 has been supplemented by Paragraph 51-4 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-5. When the re-selection has not taken place, the products shall be procured in the order established by the legislation of the Republic of Kazakhstan on public procurement.

      Footnote. Chapter 3 has been supplemented by Paragraph 51-5 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-6. Organizations shall be notified of the contractor’s selection results within five working days from the date of signing the minutes of the contractor selection in paper form in compliance with the requirements of the legislation of the Republic of Kazakhstan in the state secrets protection.

      The minutes of the contractor selection shall be drawn up according to Appendix 2-1 to these Rules.

      Footnote. Chapter 3 has been supplemented by Paragraph 51-6 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-7. if an organization recognized as a contractor refuses to conclude a contract, the defense order products shall be acquired in the order established by the legislation of the Republic of Kazakhstan on public procurement.

      Footnote. Chapter 3 has been supplemented by Paragraph 51-7 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      51-8. In exceptional cases to address the tasks of the President of the Republic of Kazakhstan, the Security Council or the Republican Operational Headquarters of the Republic of Kazakhstan in case of sudden threats, emergencies, state of emergency, solution of tasks related to ensuring security and law and order in the state, the special state bodies shall conduct procedures for selection of contractors as necessary.

      The decision on conducting the procedure of contractor selection shall be made by the commission.

      At that, only calculation plans shall be provided within five working days from the date of receipt of the relevant request.

      Footnote. Chapter 3 has been supplemented by Paragraph 51-8 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      52. Definition of subjects, performers and cost of basic and applied scientific research in the field of national security of the state and also conducting examination of these researches are carried out in the order approved by the first head of special public authority.

      53. If it is impossible for domestic commodity producers, domestic suppliers of work and services to fulfill a defense order, their response to the request addressed to the special state bodies shall be made by June 20 of the current fiscal year.

      In case of specification and/or adjustment of the republican budget, the response shall be provided within three working days from the date of receipt of the request.

      Footnote. Paragraph 53- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      54. The authorized organization shall submit a response on the possibility or impossibility of supplying the relevant defense order products, as well as their estimated price, by July 10 of the current fiscal year.

      In case of specification and/or adjustment of the republican budget, the response shall be submitted within five working days from the date of receipt of the request.

      Footnote. Paragraph 54- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      55. If the authorized organization fails to provide a response to special state bodies within the specified timeframe or the response does not meet the requirements of the request, the selection of an authorized organization as a defense order contractor shall be deemed impossible.

      In such a case, the defense order products shall be acquired in accordance with the procedure established by the legislation of the Republic of Kazakhstan on public procurement.

      Footnote. Paragraph 55- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      55-1. Special state bodies shall conduct procedures for the selection of the defense order contractor (hereinafter - the contractor) among domestic commodity producers, domestic suppliers of works, services and/or an authorized organization before September 25 of the current fiscal year.

      In this case, the current fiscal year is the year preceding the planning period.

      In case of specification and/or adjustment of the republican budget, the minutes of selection of the defense order contractor shall be drawn up within ten working days after receiving a response to the request of special state bodies from domestic commodity producers, domestic suppliers of works, services and/or an authorized organization.

      Footnote.Chapter 3 has been supplemented by Paragraph 55-1 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      56. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      57. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      58. Special state bodies shall submit an application to the authorized body no later than October 1 of the current fiscal year according to the form of Appendix 1 to these Rules.

      At specification and/or adjustment of the republican budget special state bodies within ten working days after signing of the legislative act of the Republic of Kazakhstan on introduction of amendments and additions to the Law of the Republic of Kazakhstan on the republican budget for the corresponding period and/or the resolution of the Government of the Republic of Kazakhstan on adjustment of the republican budget shall submit applications to the authorized body according to the form of Appendix 1 to these Rules.

      For untimely and/or poorly made application, special state bodies shall bear responsibility established by the legislation of the Republic of Kazakhstan.

      Footnote. Paragraph 58- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      59. Applications shall be submitted in the context of programs, subprogrammes provided for by the republican budget for a three-year period.

      60. The application shall be approved by the first head of a special state body or a person authorized to sign the application.

Chapter 4. Register formation, approval and maintenance

      61. Formation, a statement and maintaining the register shall be a component of formation and placement of the defense order and shall be carried out by authorized body.

      62. A register shall be maintained in a form according to Annex 3 to these Rules.

      63. The domestic producers, domestic suppliers of works, services who shall be residents of the Republic of Kazakhstan, conforming to the requirements established in these rules and the provided full package of documents provided by paragraph 68 of these Rules shall be subject to inclusion in the register.

      64. Formation and maintaining the register shall be carried out by inclusion in the register and exceptions of it of domestic producers, domestic suppliers of works, services and also introduction of amendments and additions in the information about them which shall be contained in the register.

      65. Formation and maintaining the register shall be carried out on activities on the basis of the submitted applications about inclusion in the register (hereinafter referred to as the application) from domestic producers, domestic suppliers of works, and services in a form according to Annex 4 to these Rules.

      66. Applications shall be submitted by domestic commodity producers and domestic suppliers of works, services to the authorized body during the current financial year in the relevant areas of activity annually.

      Footnote. Paragraph 66- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      67. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      68. The following documents shall be attached to the application:

      1) a copy of the certificate of state (accounting) registration (re-registration) of the legal entity (branch, representative office) or a copy of the certificate of state (accounting) registration indicating the business identification number;

      2) a copy of the license for the right to carry out the relevant type of activity subject to mandatory licensing in accordance with the Law of the Republic of Kazakhstan On Permits and Notifications, and/or license from the web portal "E-licensing" www.elicense.kz;

      3) certificate of conformity for serially produced products or declaration of conformity for serially produced products, certifying conformity of products to the requirements established by technical regulations, provisions of standards - for manufacturers of products subject to mandatory confirmation of conformity procedure in accordance with the Law of the Republic of Kazakhstan On Technical Regulation;

      4) a document certifying the availability of production premises under the ownership or lease rights, qualified specialists, as well as technological equipment under ownership rights, necessary for the production of defense order products, with the exception of organizations implementing defense order by way of scientific research;

      5) a document certifying the absence of tax arrears, arrears on mandatory pension contributions and social contributions;

      6) financial audit.

      Financial audit includes the annual audit report for the past year, conducted in accordance with the legislation of the Republic of Kazakhstan on auditing activity;

      7) technical documentation for repair, production and modernization of armaments and military hardware.

      Footnote. Paragraph 68- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      69. Availability of production capacities of the domestic commodity producer, domestic supplier of works, services shall be confirmed by an industrial certificate and/or conclusion of an accredited organization.

      In cases when organizations have a military representation, the availability of production capacities is confirmed by the conclusion of the military representation.

      Footnote. Paragraph 69- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      70. The application and documents provided by Paragraphs 68 - 69 these Rules, move in paper form. The e-mail address of the legal entity and contact phone numbers (not less than 3) shall be specified in the application.

      71. The application shall be considered by the commission formed by authorized body (hereinafter referred to as the commission on formation of the register).

      72. The commission for the formation of the register shall include officials of the authorized body and recipients.

      Footnote. Paragraph 72- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      73. The Commission for the formation of the register shall hold meetings on inclusion of organizations in the register, exclusion of organizations from the register or making amendments and additions to the register at least twice a quarter.

      Footnote. Paragraph 73- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      74. The basis for inclusion, an exception and introduction of amendments of the register shall be the legal decision of the commission on formation of the register made by a simple majority vote.

      75. In case of identification by the commission on formation of the register of discrepancy of the documents specified in paragraphs 68 - 69 of these Rules, the authorized body within five working days from the date of consideration of documents shall notify a domestic producer, the domestic supplier of works, services on need of elimination of the revealed discrepancies. At the same time, the next day behind date of departure in electronic form date of receipt by a domestic producer, domestic supplier of works, services of the notice shall be considered.

      76. The domestic producer, the domestic supplier of works, services within five working days from the date of the notice in writing notify authorized body on elimination of the revealed shortcomings with the application of supporting documents.

      77. The notification of authorized body a domestic producer, the domestic supplier of works, services about elimination of violations shall be the basis for the commission on formation of the register to repeatedly consider the application.

      78. The authorized body within fifteen working days after the termination of term of consideration of applications on the basis of the decision of the commission on formation of the register approves the register or shall introduce amendments and additions.

      79. The exception of the register, introduction in it of amendments and additions shall be made within fifteen working days from the date of the meeting of the commission on formation of the register.

      80. Organizations are subject to exclusion from the register in cases of:

      1) established unreliability of the data provided by the organization on the availability of production facilities under the ownership or lease rights, technological equipment under the ownership rights, qualified specialists required for the production of defense order products, as well as overstatement of these data;

      2) existence of an effective court ruling on exclusion from the register;

      3) the contractor’s refusal to enter into a contract for the activity for which it is determined as the contractor;

      4) failure to fulfill the defense order (termination of the contract for fulfillment of the defense order), except for force majeure reasons determined by contractual obligations;

      5) refusal to eliminate the deficiency specified in the complaint, when the fault of the contractor has been established;

      6) detection of complete transfer of the defense order fulfillment to another organization, unless it is stipulated by the contract for the defense order fulfillment;

      7) violation of secret record keeping regime of.

      The circumstance specified in subparagraph 2) of this paragraph shall entail exclusion of the organization from the register from the date of enforcement of the court ruling for a period of one year, unless otherwise specified in the court ruling.

      The violations specified in subparagraphs 3), 4), 5) of this paragraph shall entail exclusion of the organization from the register for a period of one year from the date of the decision of the commission on formation of the register.

      The decision to exclude from the register organizations that are the sole manufacturers of defense order products shall be made by the commission on the formation of the register, taking into account the systematic nature of the identified violations (two or more), the presence of force majeure circumstances and the conclusion of the defense order recipients on the expediency of their exclusion from the register.

      Footnote. Paragraph 80- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      81. In the event of deprivation and/or reduction of the volume and number of production facilities on the rights of ownership or lease, technological equipment on the rights of ownership, qualified specialists required for the production of defense order products, the organization included in the register shall notify the authorized body thereof within twenty calendar days with the attachment of relevant documents.

      An organization included in the register shall, at its discretion, notify the authorized body of an increase in the volume and/or number of production facilities, including those under long-term lease for at least three years, proprietary technological equipment and qualified specialists required for the production of defense order products.

      Footnote. Paragraph 81 - in the wording of the resolution of the Government of the Republic of Kazakhstan dated 29.04.2024 № 348 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      82. Based on the results of the consideration of documents, the register formation commission shall make one of the following decisions on:

      1) inclusion in the register;

      2) refusal to be included in the register;

      3) exclusion from the register;

      4) making or not introducing amendments and additions to the information about the organization in the register;

      5) submission of documents for revision in accordance with paragraph 75.of these Rules.

      83. Within five working days from the date of approval of the register, of making amendments and additions to it, the authorized body shall send a notice of inclusion or refusal to include in the register, amendments and additions addressed to the relevant organizations insofar as they are concerned, as well as interested recipients. In this case, the date of receipt of the notice by a domestic commodity producer, domestic supplier of works, services is the day following the date it was e-mailed.

      Footnote. Paragraph 83- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      84. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).
      85. Excluded by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      86. The decision of the commission on formation of the register is appealed in the procedure established by the legislation of the Republic of Kazakhstan.

      Footnote. Paragraph 86- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

Chapter 5. Defense order execution

      87. The defense order shall be executed on the basis of the agreement for the implementation of the defense order concluded between the authorized body or the recipient and the executor.

      88. Draft agreements for the implementation of the defense order shall be drawn up in accordance with the standard agreement for the implementation of the defense order, approved by the first head of the recipient or authorized body, when the authorized body has funds.

      89. The model agreement for the implementation of the defense order should contain the following information:

      1) preamble;

      2) the subject of the contract;

      3) the term of the contract and/or the term of individual stages of the contract;

      4) the amount of the contract and advance payment, if any;

      5) quality control conditions and the procedure for submitting documents to military missions confirming actual expenses for defense order products;

      6) acceptance conditions, place and terms of delivery (execution, provision);

      7) the amount of penalty (fine, penalty);

      8) grounds for termination or termination of the contract;

      9) liability of the parties;

      10) conditions on full payment for the supply of defense order products;

      11) terms of payment of value added tax in accordance with the requirements of tax legislation of the Republic of Kazakhstan;

      12) conditions for filing and satisfaction of the complaint;

      13) other conditions that shall not contradict the legislation of the Republic of Kazakhstan.

      90. The authorized body or recipient shall send the contract for the fulfillment of the defense order to the defense contractor within ten calendar days from the date of adoption of the relevant act of the Government of the Republic of Kazakhstan on approval of the defense order.

      The contract for the fulfillment of the defense order shall be signed by the contractor of the defense order within twenty calendar days from the date of its receipt.

      Footnote. Paragraph 90- as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      91. Control over the quality of the defense order shall be carried out by military missions in the manner established by the Government of the Republic of Kazakhstan.

      92. In cases where no military representative offices are created in the executing organizations, control over the quality of the defense order shall be carried out by the executor of the defense order.

      The authorized body, the recipient of the state defense order have the right to send their representatives to the executors of the state defense order to monitor the implementation of the state defense order and compliance of the quality of the defense order products with the concluded agreement for the implementation of the state defense order in accordance with the legislation of the Republic of Kazakhstan.

      93. Representatives of the recipient monitor the quality of the defense order in accordance with the requirements of the Law.

      94. The certificate of military representation shall be a document confirming the quality of defense order products.

Chapter 6. Peculiarities of defense order execution in case when budget funds within
the framework of defense order shall be provided in the budget of the authorized body

      95. In the case where budget funds within the framework of the defense order are provided in the budget of the authorized body, the implementation of the defense order shall be carried out on the basis of an agreement concluded between the authorized body and the executor in favor of the recipient.

      96. Draft agreements for the implementation of the defense order in favor of the recipient shall be drawn up in triplicate in accordance with the standard agreement for the implementation of the defense order approved by the first head of the authorized body.

      97. Contracts for the execution of a defense order concluded by an authorized body in favor of the recipient, in addition to the information provided for in paragraph 89 of these Rules, shall indicate the information about the recipient, as well as its obligations related to the acceptance of the products of the defense order.

      98. In order to determine the scope of control, as well as the presence of military representation in the implementing organizations, the authorized body sends for approval the draft agreement for the implementation of the defense order to the Center of Military Representative Offices of the Ministry of Defense of the Republic of Kazakhstan (hereinafter referred to as the Ministry).

      At the same time, the period of consideration of the draft contract by the Center of Military Missions of the Ministry should not exceed three working days from the moment of receipt of the draft contract.

      99. The quality of the products of the defense order supplied under the contract for the implementation of the defense order concluded by the authorized body in favor of the recipient must comply with the terms of the contract.

      100. Control over the quality of the defense order execution under the agreement for the defense order execution concluded by the authorized body in favor of the recipient shall be carried out by military missions in the manner established by the Government of the Republic of Kazakhstan.

      101. In cases where military missions are not established in the implementing organizations, the authorized body shall be authorized to send its representatives to them to monitor the compliance of the quality of defense order products with the terms of the contract.

      102. In the event that special knowledge, experience and qualifications in the field of acquired products shall be required to monitor the compliance of the quality of defense order products with the terms of the contract, the authorized body attracts specialists, including specialists of the recipient, in whose favor an agreement for the implementation of the defense order shall be concluded.

      The recipient's specialists shall be engaged with the consent of the recipient.

      The assignment of the recipient's specialists to monitor the compliance of the quality of the defense order products with the terms of the contract shall be carried out at the expense of the recipient.

      In order to attract specialists of the recipient to monitor the compliance of the quality of the defense order products with the terms of the agreement, the authorized body shall send a request to the corresponding recipient.

      103. Within five working days from the date of receipt of the request, the recipient shall send information about his representatives intended to monitor the compliance of the quality of the defense order products with the terms of the contract to the authorized body.

      104. The recipient shall accept defense order products by name, quantity, quality and/or completeness within five working days from the date of delivery on the basis of documents stipulated by the contract.

      105. To fulfill the obligations related to the acceptance of defense order products, the authorized body shall send one copy of the contract to the recipient within five working days from the date of conclusion of the contract with the contractor.

      106. In the case where the receiver of the defense order products is the recipient's office (user and/or storage depot), the recipient, which is a state body, shall send a copy of the contract to the direct recipient and shall ensure that they fulfill their obligations regarding the acceptance of defense order products in accordance with the terms of the contract.

      107. To transfer the products of the defense order to the recipient, the contractor shall notify the authorized body and the recipient of the planned delivery date at least twenty calendar days before the delivery of the defense order products.

      108. On the basis of notification of the contractor about the planned delivery date of the defense order products, the recipient shall provide:

      1) admission for representatives of the executor, authorized body and military representatives to the territory of the recipient;

      2) in case for acceptance of defense order products it is necessary to perform additional works (provision of additional services), preparation of a place for performance of these works (provision of services), unless otherwise specified by the requirements of the technical assignment and/or the terms of the contract;

      3) in case in accordance with the terms of the contract for acceptance of defense order products it is necessary to perform inspection (testing) of defense order products, preparation of a place for inspection (testing), unless otherwise specified by the requirements of the terms of reference and/or the terms of the contract;

      4) in the case when, in accordance with the terms of the contract, it is provided to check the products of the defense order on the relevant equipment (test equipment), the preparation of this equipment (test equipment), unless otherwise specified by the requirements of the terms of reference and/or the terms of the contract.

      At the same time, the equipment (test equipment) of the recipient must be serviceable, have appropriate documentation confirming the possibility of its use for checking the products of the defense order.

      109. When confirming the fact based on the results of acceptance that the name, quality, quantity and/or completeness of the defense order products do not comply with the terms of the contract, the recipient shall notify the authorized body about this, shall draw up an act on the identified shortcomings and transfers it to the contractor.

      110. The contractor shall ensure the elimination of defects within ten working days from the date of drawing up the certificate on identified defects by the recipient.

      111. In the event that the contractor does not eliminate the shortcomings after ten working days, the recipient shall return the products to the contractor and shall send a corresponding notification to the authorized body.

      Further costs associated with the transportation and storage of defense order products are borne by the contractor of the defense order.

      112. If according to the results of acceptance, it is confirmed that the name, quantity, quality and/or completeness of the defense order products comply with the terms of the contract, the recipient accepts the defense order products by signing the documents provided for by the terms of the contract.

      113. Within five working days from the date of making payments under the contract of delivery of goods concluded in favor of the recipient, the authorized body shall send a response notice to the recipient in the form approved by the central authorized body for budget execution.

      114. Within five working days from the date of signing the act of acceptance and transfer of the goods, the recipient shall send to the authorized body a notice of taking into account the values ​ ​ received in the form approved by the central authorized body for budget execution.

      115. In the event that the defense order is executed on the basis of the contract for the performance of work (provision of services), the recipient shall, within fifteen calendar days from the date of receipt of the copy of the contract from the authorized body, shall ensure the preparation and transfer of weapons, military equipment (hereinafter referred to as WME) and/or other property to the contractor.

      116. Acceptance and transfer of WME for performance of works (rendering of services) is performed by actual presence and actual staffing and is executed by the acceptance and transfer certificate according to the technical condition signed between the representatives of the recipient and the contractor.

      117. Transportation of WME from the recipient to the place of work (provision of services) is carried out at the expense of the recipient's forces and funds, unless otherwise specified in the contract.

      Transportation of WME after performance of works (provision of services) to the recipient is carried out at the expense of the contractor's forces and means, unless otherwise specified in the contract.

      If necessary, the receiver shall provide tracking of the WME during transportation.

      118. Claims regarding the quality of defense order products, including WME, delivered after the performance of work (provision of services), which could not be detected during acceptance, shall be submitted by the recipient to the contractor during the warranty period.

      119. If, based on the results of performance of works (provision of services), it is necessary to increase the book value of WME, the recipient within five working days from the date of signing of the act of performed works (provided services) and the act of acceptance and transfer of WME shall send to the authorized body a notice of taking into account the received values ​ ​ in the form approved by the central authorized body for budget execution.

      120. Within five working days from the date of payment under the contract for performance of works (provision of services), the authorized body shall send a response notice to the recipient in the form approved by the central authorized body for budget execution.

      121. If according to the contract the works are performed (services are provided) in the territory of the recipient, the acceptance of the works (services) shall be carried out by the recipient in the manner established by the contract.

Chapter 7. Execution of defense order by authorized organization

      122. The authorized organization shall execute the defense order on the basis of the contract for implementation of the defense order.

      123. After the contract for the fulfillment of the defense order has been concluded with a recipient or an authorized body, the authorized organization shall initiate procedures for placement of the defense order among foreign manufacturers.

      Footnote. Paragraph 123 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      124. Placement of the defense order by authorized organization shall be carried out in the way:

      1) direct signing of the contract (contract);

      2) request of price offers.

      125. Placement of the defense order by direct signing of the contract (contract) shall be carried out in cases:

      1) if the purchased products are made by the only foreign producer;

      2) if the technical specification to the contract with authorized body or the recipient of the defense order contains the instruction on the concrete name, trademarks or any other information indicating accessory of the purchased products to a certain foreign producer;

      3) acquisitions of products of the defense order within the international treaties ratified by the Republic of Kazakhstan.

      126. In the cases provided in paragraph 125 of these Rules, procedures for signing of the contracts (contracts) between authorized organization and performers shouldn't exceed sixty calendar days from the date of signing of the contract with authorized body or the recipient.

      127. In all other cases which aren't provided by paragraph 125 of these Rules, placement of the defense order by authorized organization shall be carried out by request of price offers.

      128. The inquiry of price offers shall be sent to the address of the foreign producers and/or their official representatives determined by authorized organization for results of monitoring of the market and the prices.

      129. In case the legislation of the foreign state defined the special organization authorized for implementation of foreign economic activity concerning products of the defense order, the authorized organization can send inquiry to this organization.

      130. Monitoring of the market and the prices is carried out by authorized organization on a constant basis by visit of the WME exhibitions, studying advertising materials in media, Internet resources, company catalogs.

      131. For the choice of the performer the authorized organization no later than five working days from the date of signing of the contract with authorized body and/or the recipient of the defense order sends inquiry of price offers to foreign producers and/or their official representatives whose profile of activity conforms to requirements of the technical specification to the contract for implementation of the defense order.

      132. The inquiry of authorized organization shall contain the following data:

      1) name and the specification to the purchased goods, works, services;

      2) quantity of goods, volume of the performed works, the rendered services;

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

      4) the required delivery time of goods, performance of work, rendering services;

      5) the required guarantee periods on the delivered goods (products), the performed works, the rendered services;

      6) list of related services;

      7) terms of payment, including amount of an advance payment;

      8) in case of acquisition of a military and special dress code, signs of distinction and personal protection equipment, the requirement about need of granting prototypes;

      9) the requirement about need of submission of the document confirming compliance of quality of products to requirements and conditions of the specification;

      10) about terms of the beginning and the end of submission of price offers.

      133. The term of submission of price offers shouldn't be less than fifteen working days.

      134. The price proposals of foreign producers or their official representatives which arrived later the expirations, specified in inquiry and also arrived without the corresponding inquiry of authorized organization shall be left without consideration.

      135. The inquiry of authorized organization may contain instructions on trademarks, service marks, trade names, patents, useful models, industrial samples, the name of the place of goods origin and the name of the producer and also other information defining products accessory to the corresponding producer (performer).

      To inquiry the technical specification shall be put to the contract for implementation of the defense order signed with the recipient of the defense order or authorized body.

      136. In response to inquiry of authorized organization the foreign producers and/or their official representatives submit only one price offer containing data on terms of implementation of the defense order and other conditions of implementation of the defense order.

      137. Representation by foreign producers and/or their official representatives of the price offer shall be a form of expression of their consent to carry out delivery of goods, to perform work, to render service with observance of the requirements and conditions provided in inquiry of authorized organization and the technical specification.

      138. After the term of submission of price offers the authorized organization within five working days shall make comparison of price offers and shall carry out the choice of the performer of the defense order.

      139. The choice of the performer of the defense order by authorized organization shall be carried out by the following criteria:

      1) compliance of products to requirements of the technical specification to the contract;

      2) compliance of conditions (delivery time, guarantee period, amount of an advance payment, rendering related services (performance of work), etc.) foreign producer and/or his official representative to conditions of inquiry and contract;

      3) compliance of the price proposal of the foreign manufacturer and/or its official representative with the allocated amount taking into account profitability for the authorized organization;

      4) official representatives of foreign producers shall have their own financial and labor resources to properly fulfill the defense order.

      140. If all price proposals of foreign producers or their official representatives meet the same criteria specified in paragraph 139 of these Rules, the executor shall be the foreign producer or his official representative who has proposed the lowest price proposal.

      141. If the lowest price proposal is submitted by several foreign manufacturers (their official representatives), the selection of the contractor of the defense order by the authorized organization is carried out according to the following additional criteria:

      1) having a positive experience in the procurement market;

      2) the conditions (delivery period, warranty period, technological solutions, materials used, amount of advance payment, provision of related services (performance of works), etc.) shall be better than the conditions of other potential performers.

      142. If during the deadline for submission of price proposals only one price proposal is submitted that meets the requirements of the request, the authorized organization enters into an agreement for the implementation of the defense order with the potential executor who submitted this price proposal.

      143. The prospective contractor's quotation shall be rejected in the following cases:

      1) if the price offer exceeds the amount stipulated by the defense order, taking into account the profitability of the authorized organization;

      2) if the proposal of the prospective performer does not meet the conditions of the request.

      144. Based on the results of comparison of price proposals, the authorized organization selects the contractor and enters into a contract with him to fulfill the defense order.

      145. Procedures for concluding contracts between the authorized organization and contractors determined by requesting price proposals shall not exceed thirty calendar days from the date of conclusion of the contract with the authorized organization or recipient of the defense order.

      Footnote. Paragraph 145 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      146. If the contract cannot be concluded within the period stipulated by clause 145 of the Rules, the authorized organization shall send to the authorized body and/or the recipient of the defense order a notification of the reasons for the delay and the predicted terms for concluding the contract.

      147. On the basis of the notification of the authorized organization, the authorized body and/or the recipient of the defense order make one of the following decisions:

      1) extend the term of conclusion of the contract between the authorized organization and the executor;

      2) revise the technical specification to the contract by signing an additional agreement to the contract and extend the term of conclusion of the contract between the authorized organization and the contractor;

      3) exclude the relevant products of the defense order from the defense order.

      147-1. If, on the defense order performance results the actual cost of the defense order products turns out to be less than the price established by the contract for the fulfillment of the defense order, the authorized body or recipient and the authorized organization shall amend the contract for the fulfillment of the defense order in terms of price reduction.

      If it is impossible to make changes to the contract for the fulfillment of the defense order in terms of reducing the price for the defense order products and refunding the difference in price, the authorized organization shall refund the existing savings in funds to the republican budget no later than January 30 of the year following the current fiscal year.

      Footnote. Chapter 7 has been supplemented by Paragraph 147-1 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

Chapter 8. Procedure of the complaints commission

      148. In order to establish the reasons for inoperability and/or unsuitability of defense order products, the recipient shall establish a joint commission (hereinafter referred to as the claim commission) with involvement of representatives of the recipient, the contractor, and military representatives (if any).

      Footnote. Paragraph 148 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      149. Complaint Commission:

      1) check compliance with the requirements of operational documentation during operation of the article (operation mode, fuel and lubricants used, timeliness of inspections, scheduled operations and other requirements of operational documentation), procedure for maintenance of the logbook and passport;

      2) determine whether modifications were made and whether amendments were introduced to the operating documentation (including the form or passport) according to the bulletins, if they were issued;

      3) determines the external manifestation of the defect and identifies failed components;

      4) conducts studies to determine the nature of the defect of the defense order products and, if necessary, the defect of the component product (production, structural, operational), as well as the reasons for its occurrence;

      5) if necessary, determine the procedure for further investigation of defense order products to identify the specific cause and nature of the defect, if it cannot be unambiguously determined in the territory of the recipient;

      6) determines the possibility of restoring the product directly on the territory of the recipient or the need to eliminate defects (repair of defense order products) on the territory of the contractor.

      150. Based on the results of the inspection of the products of the defense order, the complaint commission draws up an opinion on the consideration of the complaint.

      The conclusion of the complaint commission shall be mandatory for the recipient and the contractor.

      151. If it is established by the inspection of the defense order products that the products are defective and/or unsuitable through the fault of the contractor, or if it is possible to satisfy the complaint on the recipient's territory, or if it is necessary to transport the defense order products outside the recipient's premises to eliminate the defects (repair the products), also if it is necessary to ship new defense order products to replace the defective ones, the contractor shall eliminate the defects (repair the products) in factory conditions or ship the new defense order products within thirty working days from the date of signing the conclusion of the complaint commission.

      Footnote. Paragraph 151 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      152. In case in order to eliminate defects (repair of products) it is necessary to remove the products of the defense order outside the Republic of Kazakhstan or to purchase components necessary to eliminate defects (repair of products), the contractor eliminates defects (repair of products) in factory conditions or supplies new products of the defense order within one hundred and twenty working days from the moment of signing the report of the complaint commission.

      153. For violation of the terms of satisfaction of the complaint, the contractor is responsible for the contract for the implementation of the defense order.

Chapter 9. Final provisions

      154. The recipient, when the funds shall be held by the recipient, except in cases provided by the Laws of the Republic of Kazakhstan, quarterly, not later than the 25th of the month following the reporting period, submit to the authorized body a report on the implementation of the measures of the defense order, as well as violations of the deadlines during the implementation of the defense order and annually, submit to the authorized body, no later than 25 March, annual reports on the implementation of the defense order; as well as on all facts of failure to perform tasks of the defense order in the form according to Annex 5 to these Rules.

      155. The authorized body annually, no later than April 15, shall submit to the Government of the Republic of Kazakhstan an annual report on the implementation of the defense order, as well as on all facts of failure to fulfill the tasks of the defense order.

      156. Violation of the legislation of the Republic of Kazakhstan on the defense industry and the state defense order shall entail liability provided for by the Laws of the Republic of Kazakhstan.

      157. The previously existing register, approved by the order of the authorized body dated August 28, 2020 № 448-қbpү, loses its force from the moment of approval of the new register in accordance with the requirements of these Rules.

      158. If necessary, the authorized body, recipients and special state bodies develop internal documents regulating (detailing) the processes of interaction between structural units for the formation, placement and implementation of the state defense order.

  Annex 1
to Rules of formation,
placement and execution
of state defense order
secretly (by completion)

      Approved
_______________________
(first head of the recipient
or a person authorized to

      Signing the application)

Application for purchase of military goods (products),
dual-use goods (products), military works and military services, государственного
which shall be part of the state of the Defense order of the Republic of Kazakhstan for 20__ - 20__
________________________________________________________________
(state customer)

№ r/n

Defense order product

Unit of measure

Amount

Projected cost, KZT thousand

Due date

Executor

1

2

3

4

5

6

7

      Section 1.

      Development, production (assembly), delivery, modernization of arms, the military, automotive and special equipment, special means, spare parts and components to them.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 2.

      Repair, the technical and regulated maintenance, technical maintenance, engineering certification and diagnostics of arms, the military, automotive and special equipment.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 3.

      Development, modernization, production (assembly), supply, installation, repair, maintenance and maintenance, technical examination and diagnostics of technical means.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 4.

      Elimination through destruction, disposal, dumping and reprocessing of unused weapons, military equipment, technical and special equipment.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 5.

      Production of materiel and special equipment, personal protective equipment for military personnel of the Armed Forces of the Republic of Kazakhstan, other troops and military formations and employees of special state bodies of the Republic of Kazakhstan, civil protection bodies.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 6.

      Scientific research

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 7.

      Development of design and estimate documentation, construction and overhaul of defense facilities.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 8.

      Manufacture, development and supply of the closure.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 9.

      Supply of military goods (products), dual-use goods (products) to the state material reserve.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 10.

      Development, modernization, production, supply, installation, repair, maintenance and maintenance, technical examination and diagnostics, technical operation and disposal of space systems and space objects for defense purposes.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 11.

      Space and satellite navigation services for defense purposes.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 12.

      Development, production, supply, maintenance, repair, modernization, maintenance of automated control systems, as well as spare parts and components for them.

      ____________________________________________________________

      ____________________________________________________________

      Total

  Appendix 1-1
to the Rules for the formation
placement and implementation
of the state defense order

      Footnote. The Rules have been supplemented by Appendix1-1 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

______________________________________________________________________________
(name of the body and unit)
Log of acceptance
of samples of the materiel and special property, personal protective equipment

Name of the organization

Date and time of the sample delivery

Name of the samples

Number of items

Surname, name and patronymic (if any) and signature of the supplier /representative

Surname, name and patronymic (if any) and signature of the receiver

Note

1

2

3

4

5

6

7

8









































































































  Appendix 1-2
to the Rules for the formation
placement and implementation
of the state defense order

      Footnote. The Rules have been supplemented by Appendix1-2 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

______________________________________________________________________________
(name of the body and unit)
Log of acceptance of calculation plans and/or documents for selection of state defense order contractors

Full name of the organization

Name of the event

Surname, name and patronymic (if any) and signature of the representative from the organization that presented the documentation

Date and time

Signature of the representative from the organization that presented the documentation

Note


1

2

3

4

5

6

7


































































































































  Annex 2
to Rules of formation,
placement and execution
of state defense order
  Secretly (by completion)

      Approved
by the resolution of the Government
of the Republic of Kazakhstan
dated " " 20__ №

State defense order for 20 __ - 20 __ ________________________________________________________________
(state customer)


№ r/n

Defense order product

Unit of measure

Amount

Projected cost, KZT thousand

Due date

Executor

1

2

3

4

5

6

7

      Section 1.

      Development, production (assembly), delivery, modernization of arms, the military, automotive and special equipment, special means, spare parts and components to them.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 2.

      Repair, the technical and regulated maintenance, technical maintenance, engineering certification and diagnostics of weapon, the military, automotive and special equipment.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 3.

      Development, modernization, production (assembly), supply, installation, repair, maintenance and maintenance, technical examination and diagnostics of technical means.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 4.

      Elimination through destruction, disposal, dumping and reprocessing of unused weapons, military equipment, technical and special equipment.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 5.

      Production of materiel and special equipment, personal protective equipment for military personnel of the Armed Forces of the Republic of Kazakhstan, other troops and military formations and employees of special state bodies of the Republic of Kazakhstan, civil protection bodies.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 6.

      Scientific research

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 7.

      Development of design and estimate documentation, construction and overhaul of defense facilities.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 8.

      Manufacture, development and delivery of the closure.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 9.

      Supply of military goods (products), dual-use goods (products) to the state material reserve.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 10.

      Development, modernization, production, supply, installation, repair, maintenance and maintenance, technical examination and diagnostics, technical operation and disposal of space systems and space objects for defense purposes.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 11.

      Space and satellite navigation services for defense purposes.

      ____________________________________________________________

      ____________________________________________________________

      Total

      Section 12.

      Development, production, supply, maintenance, repair, modernization, maintenance of automated control systems, as well as spare parts and components for them.

      ____________________________________________________________

      ____________________________________________________________

      Total

  Appendix 2-1
to the Rules for the formation,
placement and implementation
of the state defense order

Minutes of selection of the contractor

      Footnote. The Rules have been supplemented by Appendix2-1 pursuant to the Resolution of the Government of the Republic of Kazakhstan dated 27.11.2023 № 1044 (enacted ten calendar days after the date of its first official publication).

      yr. ______________________ “___” _________ 202__

      The commission comprised of: ____________________________________________________

      (Surname, name and patronymic (if any), position),

      Appointed by order _________________________________№____ dated _____________, selected the contractor _____________________________.

      Agenda:

      1) Consideration of applications of potential contractors (further –potential contractor) for the supply of ________ ______________________ for the needs of ___________________;

      2) Determination of projected contractor for the supply of ___________________.

      1. Pursuant to the Rules for the formation, placement and implementation of the state defense order, approved by the Resolution of the Government of the Republic of Kazakhstan dated October 14, 2019, №759 (further – the Rules), to form an application for the state defense order for the supply of ______________________ a letter (request) №_________ dated “___” _______202__ was sent to the following potential contractors:

Name of the potential contractor

Address of the potential contractor







      2. Documents and samples (when acquiring the materiel and special property, personal protective equipment) for delivery of _________________ within the established time were submitted to the following potential contractors:

Name of the potential contractor

Business Identification Number
(Individual Identification Number)

Reference details

Document number

Date and time of the samples receipt













      _________________________________________ made no response to the request within the established deadline.

      (Name of the potential contractor (contractors)

      3. Potential contractors presented the following documents and samples (in the acquisition of the materiel and special property, personal protective equipment) of goods:

Name of the potential contractor

Name of the defense order product

List of presented documents

copy of the certificate of state (accounting) registration (re-registration) of the legal entity (branch, representative office) or copy of the certificate of state (accounting) registration indicating the business identification number

copy of the license for the relevant type of activity, subject to mandatory licensing in accordance with the Law of the Republic of Kazakhstan On Permits and Notifications and/or license from the web portal “E-Licensing” www.elicense.kz

certificate of conformity for serially produced products or declaration of conformity for serially produced products, certifying the product’s compliance with the requirements established by technical regulation, provisions of standards - for manufacturers of products subject to mandatory confirmation of conformity procedure in accordance with the Law of the Republic of Kazakhstan On Technical Regulation, except products used to protect information constituting a state secret (state secrets) or related to restricted access information protected in accordance with the laws of the Republic of Kazakhstan, information about which constitutes a state secret (state secrets)

document confirming availability of production premises under ownership or lease rights, qualified specialists, as well as proprietary technological equipment necessary for the production of defense order products, except organizations implementing the defense order in terms of scientific research

document certifying absence of tax arrears, arrears on mandatory pension contributions and social contributions

Financial audit

Calculation plan in accordance with the Pricing Rules

technical specifications

samples (when acquiring materiel and special equipment, personal protective equipment)

























      4. Applications rejected _____________________________________________________.

      (name of potential contractor (contractors)

      5. Applications acceped

      _______________________________________________________________, of offered defence order products,

      (name of potential contractor (contractors)

      meeting the requirements specified in the request.

      6. Prices of potential contractors, accepted for consideration:

Name of the property

Projected price (KZT)

Prices, offered by potential contractors (KZT)

___________________

___________________

________________













      Decision adopted:

      1. In accordance with paragraph ____________ of the Rules, projected contractor for supply ____________________________ to select_________________________, that offered defense order products, meeting the requirements, indicated in the request.

      2. _____________________________________________prepare an application for formation, placement and implementation of state defence order.

      Votes on this decision:

      For - ______ votes;

      Against - _______ votes.

      Note:

      Log of accepting samples in accordance with Appendix 1-1 to these Rules (in acquisision of materiel and special property, personal protective equipment) ____________, on ____ sheets.

      Commission members:

      _______________________________________________________________________________

      (full name, signature)

      _______________________________________________________________________________

      (full name, signature)

      _______________________________________________________________________________

      (full name, signature)

      _______________________________________________________________________________

      (full name, signature)

      _______________________________________________________________________________

      (full name, signature)

  Annex 3
to Rules of formation
placement and execution
of state defense order
  for service use (by completion)

Register of domestic manufacturers of military goods (products), dual goods (products)
and domestic suppliers of military works and military services

№ r/n

Name of legal entity

Place of registration

Place of production/provision of services

Name of the
activity

Date and number of order to be added to the register

Date and number of the delisting order

1

2

3

4


5

6

1


Section 1.
Development, production (assembly), delivery, modernization of arms, the military, automotive and special equipment, special means, spare parts and components to them.








2


Section 2.
Repair, the technical and regulated maintenance, technical maintenance, engineering certification and diagnostics of arms, the military, automotive and special equipment.








3


Section 3.
Development, modernization, production (assembly), supply, installation, repair, maintenance and maintenance, technical examination and diagnostics of technical means.








4


Section 4.
Elimination through destruction, disposal, dumping and reprocessing of unused weapons, military equipment, technical and special equipment.








5


Section 5.
Production of materiel and special equipment, personal protective equipment for military personnel of the Armed Forces of the Republic of Kazakhstan, other troops and military formations and employees of special state bodies of the Republic of Kazakhstan, civil protection bodies.








6


Section 6.
Scientific research








7


Section 7.
Development of design and estimate documentation, construction and overhaul of defense facilities.








8


Section 8.
Manufacture, development and supply of the closure.








9


Section 9.
Supply of military goods (products), dual-use goods (products) to the state material reserve.








10


Section 10.
Development, modernization, production, supply, installation, repair, maintenance and maintenance, technical examination and diagnostics, technical operation and disposal of space systems and space objects for defense purposes.








11


Section 11.
Space and satellite navigation services for defense purposes.








12


Section 12.
Development, production, supply, maintenance, repair, modernization, maintenance of automated control systems, as well as spare parts and components for them.








  Annex 4
to Rules of formation
placement and execution
of state defense order

Application for inclusion in the register of domestic manufacturers of military goods (products), goods (products)
dual-use (use) and domestic suppliers of military works and military services of the state defense order

      From______________________________________________________________

      _________________________________________________________________

                              (name of the legal entity)

            by destination _____________________________________________

      Data about the applicant:

      1) organization-legal form _____________________________;

      2) initials. And contact number of the head ___________;

      3) legal address ________________________________________;

      4) production address ________________________________________;

      5) email _________________________________________;

      6) BIN _____________________________________________________;

      7) bank details ______________________________________;

      Documents attached to the application:

      1) __________________________________________________________;

      2) __________________________________________________________;

      3) __________________________________________________________;

                  (name of the legal entity and initials. of the head or

      the representative of a legal entity acting on the basis of

      power of attorney (number and date of issue of power of attorney)

            "____" ____________ 20 __

            Place for seal. (if any)

  Annex 5
to Rules of formation,
placement and execution
of state defense order
  Secretly (by completion)

State defense order performance report

№ r/n

Date and agreement №

Subject of the agreement (name of the defense order products)

Unit of measure

Amount

Total contract amount, KZT

Amount 20__

Amount 20__

Amount 20__

Execution date

Executor

Notes





































Report on failure of execution of tasks of the state defense order

№ r/n

Date and № of the agreement

Subject of the contract (name of the defense order products)

Unit of measure

Amount

Total contract amount, KZT

Amount 20__

Amount 20__

Amount 20__

actual

Execution date

Executor

Reasons for default
(with justification)

Measures taken to address the disruption

mastered

undeveloped














































  Appendix
to the Decree of the Government of the
Republic of Kazakhstan
dated October 14, 2019 № 759

The list of expired certain decisions of the Government of the Republic of Kazakhstan

      1. Decree of the Government of the Republic of Kazakhstan dated December 29, 2009 № 2219 “On approval of the Rules for the formation, placement and implementation of the state defense order of the Republic of Kazakhstan” (PaPAC of the Republic of Kazakhstan, 2010, № 3, Article 21).

      2. Decree of the Government of the Republic of Kazakhstan dated November 9, 2012 № 1423 “On Amendments and Additions to the Decree of the Government of the Republic of Kazakhstan dated December 29, 2009 № 2219“On Approval of the Rules for the Formation, Placement and Execution of a State Defense Order of the Republic of Kazakhstan ”( PaPAC of the Republic of Kazakhstan , 2013, № 79, Article 1153).

      3. Decree of the Government of the Republic of Kazakhstan dated August 2, 2013 № 777 “On amendments to the decree of the Government of the Republic of Kazakhstan dated December 29, 2009 № 2219“ On approval of the Rules for the formation, placement and execution of the state defense order of the Republic of Kazakhstan ”( PaPAC of the Republic of Kazakhstan, 2013 city, № 43, Article 640).

      4. From January 1, 2020, the Decree of the Government of the Republic of Kazakhstan dated October 30, 2017 № 682 “On the determination of operators for the execution of the state defense order” (PaPAC of the Republic of Kazakhstan, 2017, № 53, Article 339).

      5. Clause 3 of amendments and additions that are introduced to some decisions of the Government of the Republic of Kazakhstan, approved by the Decree of the Government of the Republic of Kazakhstan dated November 8, 2017 № 724 “On amendments and additions to some decisions of the Government of the Republic of Kazakhstan” (PaPAC of the Republic of Kazakhstan, 2017. № 58, Article 361).

      6. Decree of the Government of the Republic of Kazakhstan dated November 29, 2017 № 788 “On approval of the Rules for the selection of executors of the state defense order from among the organizations included in the register of domestic producers and domestic suppliers of work, services, operators for the execution of the state defense order” ( PaPAC of the Republic of Kazakhstan , 2017, № 64-65, Art. 387). 

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