Unofficial translation
In accordance with paragraph 3 of Article 30 of the Law of the Republic of Kazakhstan "On the rights of the child in the Republic of Kazakhstan," I hereby ORDER:
Footnote. The preamble - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 29.06.2023 № 186 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. To approve the attached Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child.
2. The committee for protection of children's rights of the Ministry of Education and Science of the Republic of Kazakhstan (M. S. Abdykarim) in the manner established by the legislation shall ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the state registration of this order, sending copies of this order for official publication in the legal information system "Adilet" and periodicals on electronic carrier with attachment of a paper copy, certified by official seal;
3) within five working days from the date of receipt of this registered order, sending its copy in printed and electronic form, certified by the seal of the Ministry of Education and Science of the Republic of Kazakhstan and electronic digital signature of the person, authorized to sign this order, for inclusion into the Standard control bank of regulatory legal acts of the Republic of Kazakhstan;
4) placement of this order on the Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;
5) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information on implementation of measures, provided for in subparagraphs 1), 2) and 3) of this paragraph to the Department of legal service and international cooperation of the Ministry of Education and Science of the Republic of Kazakhstan.
3. Control over execution of this order shall be assigned to the Vice-Minister of Education and Science of the Republic of Kazakhstan E. A. Sukhanberdieva.
4. This order shall be enforced upon expiration of ten calendar days after its first official publication.
| Minister of Education and Science | |
| of the Republic of Kazakhstan | E. Sagadiev |
"AGREED"
Minister of Healthcare and
Social Development of the
Republic of Kazakhstan
June 18, 2016
_____________ T. Duysenova
"AGREED"
Minister of Finance of the
Republic of Kazakhstan
August 9, 2016
______________ B. Sultanov
| Approved by the order of the Minister of Education and Science of the Republic of Kazakhstan dated June 30, 2016 № 412 |
Rules for purchasing goods and services of organizations, carrying
out functions on protection of rights of a child
Chapter 1. General provisions
1. These Rules of purchasing goods and services of organizations, carrying out functions on protection of rights of a child (hereinafter - the Rules) shall establish the procedure of purchasing goods and services by organizations, carrying out functions on protection of rights of a child according to paragraph 1 of Article 30 of the Law of the Republic of Kazakhstan dated August 8, 2002 "On the Rights of a Child in the Republic of Kazakhstan".
Footnote. Paragraph 1 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).1-1. Purchase of goods and services, related to the spheres of natural monopolies by organizations, carrying out functions on protection of rights of a child shall be carried out by the way from one source by direct concluding a contract.
Purchase of homogenous goods and services, if the annual volume of such homogenous goods and services in value terms does not exceed one hundred times the size of monthly calculation index, established for the corresponding financial year by the Law on republican budget, shall be carried out in the manner, specified in paragraphs 51-54 of these Rules.
Footnote. The Rules are supplemented by paragraph 1-1 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).2. Purchase of goods and services by organizations, carrying out functions on protection of rights of a child shall be made from suppliers of goods and services that are legal entities or individuals, specializing in rendering a certain service or delivery of goods.
3. The following concepts are used in the Rules:
1) a potential supplier – an individual, carrying out an entrepreneurial activity, a legal entity (except for state institutions, unless otherwise established for them by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium), applying for conclusion of a contract on rendering a service or a contract for supply of goods and possessing material, financial and labor resources sufficient to fulfill obligations under the contract on rendering a service or supply of goods;
2) Internet resource – an electronic information resource, displayed in text, graphics, audio-visual or other form, placed on a hardware and software complex, having a unique network address and (or) domain name and functioning on the Internet;
3) tender commission – a collegial body, created for holding a tender by the organizer of a tender;
4) tender documentation – documentation, submitted to a potential supplier for preparing an application for participation in the tender, which contains the requirements for an application for participation in the tender, the conditions and procedure of holding a tender;
5) the procedure for organizing and holding a tender – a set of interrelated, sequential measures, carried out by the organizer of a tender, a corresponding commission in accordance with these Rules, in order to conclude a contract with a potential supplier for rendering a service or delivery of goods;
6) organizer of the competition (customer) - an organization exercising functions for the protection of the rights of the child, providing social support, providing social, medical, social, pedagogical, psychological, pedagogical, legal services and material assistance, social rehabilitation of children in need of special social services, ensuring employment of such children upon reaching working age;
7) criteria for selecting a service provider – features, on the basis of which an assessment of possibilities and conditions for rendering a service by a potential supplier shall be made;
8) a fiscal year – a period of time, beginning on January 1 and ending on December 31 of a calendar year;
9) a supplier – an individual, carrying out an entrepreneurial activity or a legal entity that has concluded a contract on rendering a service or delivery of goods;
10) an expert – an individual, having special and (or) technical knowledge, experience and qualification in the field of the held tender, confirmed by corresponding documents (diplomas, certificates, licenses and other documents), attracted by the organizer of a tender for participation in development of technical specifications for tender documentation on the selection of a supplier of services and goods, organizations, carrying out functions on protection of rights of a child and (or) preparing an expert opinion on the compliance of offers from potential suppliers with the technical specifications of the purchased goods and services;
11) criteria for selecting a supplier of goods - features, on the basis of which, an assessment of possibilities and conditions of delivery of goods by a potential supplier shall be made;
12) purchase of goods and services – purchase of goods and services by the customer in accordance with the procedure, established by these Rules;
13) a contract – a civil-legal contract on rendering services or delivery of goods, concluded between the customer and the supplier.
Footnote. Paragraph 3 as amended by order of the Minister of Education of the Republic of Kazakhstan dated 29.06.2023 № 186 (shall enter into force upon expiry of ten calendar days after the day of its first official publication). Chapter 2. The procedure for purchasing goods and services of organizations,
carrying out functions on protection of rights of a child
4. The procedure for purchasing goods and services includes:
1) planning the purchase of goods and services;
2) selecting a supplier and concluding a contract on supply with him/her;
3) execution of the contract.
Paragraph 1. The procedure for planning the purchase of goods and services
5. On the basis of the corresponding budget, an organizer of a tender shall develop and approve a plan for purchasing goods and services in the form according to Appendix 1 to these Rules.
The plan for purchasing goods and services shall be approved by the tender organizer within ten working days from the date of approval of the corresponding budget.
The plan for purchasing goods and services shall be formed for the fiscal year based on the need for goods and services to support activity.
6. The decision on purchasing goods and services shall be made by the organizer of a tender on the basis of the approved plan for the purchase of goods and services.
7. The organizer of a tender within five working days from the date of approval of a plan for the purchase of goods and services shall place it on the Internet resource.
If a tender organizer does not have its own Internet resource, a plan for the purchase of goods and services shall be placed on the Internet resource of the body of education, healthcare or social protection of population (hereinafter- a body) and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
8. Introduction of changes and (or) additions to the plan for the purchase of goods and services shall be made in cases of making changes and (or) additions to the customer's budget, due to changes in volumes for reasons beyond the control of the customer, as well as in the case of changes in the specifics of economic classification.
The organizer of a tender within five working days from the date of making a decision on introducing of changes and (or) additions to the plan for the purchase of goods and services shall place the introduced changes and (or) additions on the Internet resource.
If a tender organizer does not have its own Internet resource, changes and (or) additions to the plan for the purchase of goods and services shall be placed on the Internet resource of a body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
Paragraph 2. The procedure for selecting a supplier and concluding
a contract on delivery with him/her
9. The organizer of a tender shall carry out selection of a supplier of goods and services on a competitive basis.
When the organizer of a tender makes a decision on division of goods and services into lots, the tender documentation shall be compiled and provided for each lot separately.
10. The procedure for selecting a supplier of goods and services provides for the organizer of a tender implementation of following sequential actions:
1) approval of Standard tender documentation for selection of a supplier of goods and services of organizations, carrying out functions on protection of rights of a child (hereinafter - Tender documentation);
2) formation and approval of the composition of a tender commission;
3) notification of potential suppliers about carrying out the procedure of a supplier selection by the organizer of a tender;
4) acceptance of documents for participation in the tender from potential suppliers;
5) consideration of documents for determining potential suppliers, that meet and (or) do not meet the requirements for a supplier of goods and services by the commission;
6) conclusion of a contract on rendering a service or delivery of goods.
11. The organizer of a tender shall develop and approve the Tender documentation in the Kazakh and Russian languages according to Appendix 2 to these Rules.
The Tender documentation includes:
1) application for participation in the tender in accordance with Appendices 1 and 2 to the Tender documentation;
2) technical specification for the tender documentation on selection of a supplier of goods and services of organizations, carrying out functions on protection of rights of a child in accordance with Appendices 3 and 4 to the Tender documentation;
3) criteria for selection of a supplier of goods and services in accordance with Appendices 5 and 6 to the Tender documentation;
4) a list of purchased goods and services in accordance with Appendix 7 to the Tender documentation.
12. The organizer of a tender shall place the Tender documentation on the Internet resource.
If a tender organizer does not have its own Internet resource, the Tender documentation shall be placed on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
At the request of potential suppliers, Tender documentation shall be submitted paper form.
13. The tender commission consists of a chairman, deputy chairman and members of the commission and shall be approved by the order of the head of organization, carrying out functions for protection of rights of a child. The total number of members of the commission shall be an odd number, but not less than five.
14. The first head of the organization shall be the Chairman.
The Chairman of the commission plans the work and chairs the meetings of the commission. During the absence of the chairman, the vice-chairman of the commission shall perform his/her functions.
15. The deputy head of the organization shall be the deputy chairman of the tender commission, and if there is no position of the deputy head in the staff schedule, the person who, according to functional duties, is assigned the duties of the first head of the organization.
Footnote. Paragraph 15 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).
16. Organizational activity of the commission shall be provided by the secretary of the commission, who is determined from among the officials of the organization. The secretary of the commission is not a member of the commission.
17. The Tender commission shall act from the date of entry into force of the order on its creation and ceases its activity on the day of concluding the contract for supply of goods and rendering services.
18. Meeting of the tender commission shall be competent in the presence of at least two thirds of the tender commission members. If one of the members of the tender commission is absent, the Protocol of the meeting of the tender commission shall indicate the reason for his/her absence.
19. The decision of the tender commission shall be taken by open voting and considered accepted if a majority of votes from the total number of members of the commission present at the meeting cast for it. In case of equality of votes, the decision of the commission members shall be considered adopted, which was voted for by the Chairman of the commission, and in case of his/her absence, by the Vice-Chairman of the commission.
20. The decisions of the commission shall be drawn up by the secretary of the commission in the form of a Protocol, signed and initialed per sheet by the Chairman, deputy Chairman and present members of the commission.
The Protocol of the commission meeting contains information about the present and absent members of the commission, the decision made with the number of votes (for or against).
At the request of a potential supplier or his/her representative, an extract from the Protocol of the commission meeting regarding the decision shall be issued.
21. If necessary, the customer attracts an expert to develop the technical specifications for the purchased goods and services and prepare an expert opinion regarding the conformity of goods and services, offered by potential suppliers to the technical specifications.
The expert is required to meet the requirements provided by paragraph 2 of Article 27 of the Law of the Republic of Kazakhstan dated December 4, 2015 "On Public Procurement" (hereinafter - the Law).
22. The organizer of the tender within seven calendar days from the date of approval of the Tender documentation, shall inform potential suppliers by placing an announcement about the tender on the Internet resource in the form according to Appendix 3 to these Rules.
If the organizer of the tender does not have its own Internet resource, an announcement shall be placed on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
The deadline for submission of applications by potential suppliers for participation in the tender shall be not less than seven and not more than fifteen calendar days from the date of placement of an announcement about the tender.
Footnote. Paragraph 22 is in the wording the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).23. The Secretary of the tender commission submits copies of the Tender documentation to potential suppliers for signature and enters data in the journal of registration of persons, who received a copy of the Tender documentation in the form according to Appendix 4 to these Rules.
The journal of registration of persons is stitched, the pages are numbered, the last page is sealed with the seal of the organizer of a tender.
24. A potential supplier or his/her representative by power of attorney for participation in the tender shall submit the following documents:
1) an application for participation in the tender, drawn up in the Kazakh and Russian languages, signed and sealed with the seal (if any) of a potential supplier in accordance with Appendices 1 and 2 to the Tender documentation;
2) documents, confirming legal and civil capacity:
for legal entities: a copy of the certificate or certificate of state registration (re-registration) of a legal entity;
for foreign legal entities: constituent documents or other legalized document of a foreign legal entity, confirming that a foreign legal entity is a legal entity under the legislation of a foreign state;
for individuals:
a copy of the certificate of state registration of an individual entrepreneur;
a copy of the identity document;
power of attorney to a person, representing his/her interests for the right to submit and sign an application for participation in the tender;
3) information about absence (presence) of tax arrears of a taxpayer, arrears on obligatory pension contributions, obligatory professional pension contributions and social contributions, received not earlier than one month prior to the date of opening envelopes with tender applications;
4) the original document, confirming the security of an application for participation in the tender in the form of a bank guarantee or a guaranteed monetary contribution in the amount of one percent of the sum, allocated for the tender;
5) technical specifications for the Tender documentation on selection of a supplier of goods and services of organizations, carrying out on protection of rights of a child, in accordance with Appendices 3 and 4 to the Tender documentation.
25. A potential supplier shall be notified of the restrictions, provided for in Article 6 of the Law with the application for participation in the tender.
26. The package of documents shall be presented by a potential supplier to the organizer of the tender in a stitched form with numbered pages without corrections and blemishes. The last page of an application shall be signed by the first head and sealed with the seal (if any).
If the tender is divided into lots, the potential supplier shall submit documents for participation in the tender for each lot separately.
27. The secretary of the tender commission accepts envelopes with the tender documentation of a potential supplier and enters information about potential suppliers who submitted applications for participation in the tender in the journal of registration of applications for participation in the tender in accordance with Appendix 5 to these Rules.
28. Documents, submitted after the deadline set by the organizer of the tender shall not be subject to registration and shall be returned to potential suppliers.
29. Opening of envelopes with the documents of potential suppliers shall be conducted by the tender commission in the end date and time, specified in the announcement.
30. The Chairman of the commission informs those present about the composition of the tender commission, number of potential suppliers, who submitted documents for participation in the tender within the established period, and opens the envelopes of potential suppliers.
31. The Protocol of opening envelopes shall be drawn up in the form according to Appendix 6 to these Rules and placed on the Internet resource of the organizer of the tender not later than one working day from the date of opening envelopes.
If the organizer of the tender does not have its own Internet resource, the Protocol of opening envelopes shall be placed on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
Footnote. Paragraph 31 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).32. The tender commission within three working days from the date of opening the envelopes with applications shall consider the application for completeness and compliance with the Tender documentation for admission to participate in the tender. Applications that do not meet the requirements of the Tender documentation shall be rejected.
33. Potential suppliers and (or) their representatives will be present at the opening of applications by the commission, without interfering with the activities of the commission.
34. The Tender commission shall determine potential suppliers, who meet the requirements of the Tender documentation and allow them to participate in the tender.
A potential supplier shall not be allowed to participate in the tender in case of submission of incomplete package of documents provided by paragraph 24 of these Rules.
35. The decision of the tender commission shall be drawn up by the minute on admission to participate in the tender in the form according to Appendix 7 to these Rules.
The Protocol on admission to participate in the tender shall be placed on the Internet resource of the organizer of the tender no later than one working day from the date of the meeting of the commission.
If the organizer of the tender does not have its own Internet resource, the Protocol on admission to participate in the tender shall be placed on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
36. The Tender commission shall consider the documentation of admitted potential suppliers within two working days from the date of publication of the Protocol on admission to participate in the tender.
37. It is allowed that the technical specification of a potential supplier does not correspond to the technical specification drawn up by the tender organizer, if a service or product with the best characteristics is offered.
38. The winner of the tender shall be a potential supplier that meets the requirements of the Tender documentation.
39. When two or more potential suppliers are admitted to the tender, the criteria for selecting a supplier of a service or goods shall be applied in accordance with Appendices 5 and 6 to the Tender documentation. In this case, the winner of the tender shall be a potential supplier, who has received the highest number of points and offered the best conditions for fulfilling obligations.
39-1. In case of equality of points and conditions for fulfilling obligations, the winner shall be the tender participant who has more experience in the market of purchased goods and services, including similar types of goods and services that are the subject of the tender. If the experience of several potential suppliers is equal, the winner shall be the tender participant, whose application for participation in the tender was received earlier than the applications for participation in the tender of other potential suppliers.
Footnote. The Rules are supplemented by paragraph 39-1 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).40. The Chairman, and in case of his/her absence the deputy Chairman of the tender commission, shall announce the results of the tender to the persons present at the meeting of the tender commission.
41. The Protocol on the results of the tender shall be drawn up in the form according to Appendix 8 to these Rules and within one working day from the date of its signing shall be placed on the Internet resource of the organizer of the tender.
If the organizer or the tender does not have its own Internet resource, the Protocol of the tender results shall be placed on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit.
42. The Protocol on the results of the tender shall be the basis for concluding a contract on rendering a service or delivery of goods.
A contract on rendering a service or delivery of goods shall be concluded in accordance with the procedure provided for by the civil legislation of the Republic of Kazakhstan.
43. The tender shall be recognized as failed by the organizer of the tender in the following cases:
1) absence of submitted applications;
2) no potential supplier is allowed to participate in the competition;
3) one potential supplier is allowed to participate in the competition.
44. Upon recognition of the tender as failed, the organizer of the tender within seven calendar days shall announce about the re-holding of the tender by placing an announcement of the tender on the Internet resource in the form according to Appendix 3 to these Rules.
If the organizer of the tender does not have its own Internet resource, an announcement shall be placed on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of corresponding administrative-territorial unit.
Upon recognition of the repeated tender as failed in the cases, specified in paragraphs 43, the tender organizer shall make a decision to attract a supplier, rendering services and delivering goods.
Attraction of a supplier shall be carried out in the procedure, specified in paragraphs 51-54 of these Rules.
Footnote. Paragraph 44 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).45. If the winner of the tender evades the conclusion of the contract, in participation in the tender of two or more potential suppliers, the tender commission shall make a decision on conclusion of a contract with a potential supplier, the next in terms of the number of points scored by the tender winner in accordance with the selection criteria for the suppliers of services or goods.
46. A potential supplier recognized as the winner of the tender within ten calendar days from the date of official publication of the Protocol on the results of the tender shall make the security of the contract execution in the amount of three percent of the total amount of the contract.
47. The organizer of the tender within two working days after making a security of the contract execution by a potential supplier, shall send a signed contract on rendering a service or delivery of goods to a potential supplier.
48. The supplier shall sign and return the signed contract on rendering a service or delivery of goods to the tender organizer within two working days from the date of receipt of the contract.
49. A potential supplier, who has not signed the contract within two working days shall be considered to have evaded the conclusion of the contract.
50. The contract shall be concluded according to the approved individual plan of financing for obligations for the corresponding financial year within the allocated funds and extended after the specified period, if there are no violations of the contract by the supplier within the financial year, but no more than twice.
When making changes and (or) additions to the plan for purchasing goods and services, an additional agreement shall be drawn up to the current contract.
The contract shall enter into force after its obligatory registration in the territorial division of the central authorized body for budget execution.
Making changes to the concluded contract, provided that the price per unit of goods and services, specified in the contract, quality, and other conditions that were the basis for selecting the supplier remains unchanged, shall be allowed if changes and (or) additions are made to the customer's budget.
Footnote. Paragraph 50 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).50-1. The minimum term for the delivery of goods and rendering services under the contract is not less than the term, spent on the delivery of goods, including its manufacture (production), delivery, rendering a service, but not less than fifteen calendar days.
Footnote. The Rules are supplemented by paragraph 50-1 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).51. If it is necessary to render services or supply goods, in accordance with the need for the period until the results of the tender are summed up, but no more than three months of the financial year, or recognition of the repeated tender as failed, the organizer of the tender shall make a decision to attract a supplier, rendering services or delivery of goods.
If this decision is made, the organizer of the tender shall send a request to the supplier, rendering services or delivery of goods for rendering services or delivery of goods.
Footnote. Paragraph 51 is in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).52. A supplier, rendering services or delivery of goods, if agreed, within three working days from the date of receipt of the letter from the organizer of the tender, shall send a response with attachment of a copy of the certificate or certificate of state registration of a legal entity or a certificate of state registration of an individual entrepreneur, an identity document (for individuals); constituent documents or other legalized document of a foreign legal entity, confirming that a foreign legal entity is a legal entity under the legislation of a foreign state (for foreign legal entities) and a technical specifications.
53. The organizer of the tender within one working day after the receipt of a letter from the supplier of a service or goods shall send him a signed contract on rendering a service or delivery of goods.
54. The supplier shall return the signed contract on rendering a service or delivery of goods to the tender organizer within one working day from the date of receipt of the contract.
55. The secretary of the tender commission within two working days from the date of signing of the contract shall place information about the supplier of service or goods on the Internet resource of the tender organizer.
If the organizer of the tender does not have its own Internet resource, the information shall be published on the Internet resource of the body and (or) in a periodic printed publication, distributed on the territory of the corresponding administrative-territorial unit,
55-1. The organizer shall return the security of the application for participation in the tender to a potential supplier within three working days from the date of occurrence of one of the following cases:
1) withdrawal of an application for participation in the tender by this potential supplier before the deadline for submitting applications for participation in the tender expires;
2) signing the Protocol on the results of the tender (this case does not apply to the participant of the tender, determined as the winner of the competition);
3) entry into force of the contract and making the security of the contract execution, provided for in the tender documentation by the winner of the tender.
Footnote. The Rules are supplemented by paragraph 55-1 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).55-2. The security of application for participation in the tender shall not be returned by the tender organizer to a potential supplier in occurrence of one of the following cases:
1) a potential supplier, determined as the winner of the tender or who took the second place, evaded the conclusion of a contract for the supply of goods and services;
2) the tender winner or a potential supplier, who took the second place, having signed a contract for the supply of goods and services did not perform or improperly performed, including untimely fulfilled the requirements, established by the tender documentation, about making and (or) terms of making security of the contract execution for the supply of goods or services.
Footnote. The Rules are supplemented by paragraph 55-2 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).55-3. If one of the cases, provided by paragraph 55-2 of these Rules occurs, the amount of security of an application for participation in the tender shall be credited to the revenue of the corresponding budget.
Footnote. The Rules are supplemented by paragraph 55-3 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).Paragraph 3. The procedure for execution of the contract
56. Upon execution of the contract, the name, quantity, quality, technical specifications, cost, place and terms of rendering a service and delivery of goods shall correspond to the content of the contract.
57. The contract shall be considered executed under condition of full performance of obligations under this contract by the customer and supplier.
58. The supplier, when delivering the goods or rendering a service, shall send the customer an act of acceptance and transfer of goods or an act of services rendered (in any form).
The customer shall sign or refuse to sign the act of acceptance or transfer of goods or the act of rendered services no later than two working days from the date of receipt, indicating the substantiated reasons for not accepting the goods or services.
The customer, if it is necessary to further study the delivered goods or services, shall accept the delivered goods and rendered services no later than five working days from the date of receipt of the act of acceptance and transfer of goods or the act of services rendered.
59. The organizer of the tender shall return the security of the contract execution to the supplier of goods and services within three working days after execution of the contract.
Footnote. The Rules are supplemented by paragraph 59 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).60. A potential supplier shall have the right to appeal against the actions (inaction), the decisions of the tender organizer, the tender commission, an expert to the bodies of state audit and financial control or in the court if their actions (inaction), decisions violate the rights and legitimate interests of a potential supplier.
Footnote. The Rules are supplemented by paragraph 60 in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).| Appendix 1 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
Plan for purchasing goods and services
BIN of the customer ________________________________________________________
Name of the customer (in the Kazakh language) __________________________________
Name of the customer (in the Russian language) ___________________________________
Fiscal year _________________________________________________________________
№ |
Type of purchase item | Name of the purchased services or goods in the Kazakh language | Name of the purchased services or goods in the Russian language |
Characteristics (description) of services or goods in the Kazakh language | Characteristics (description) of services or goods in the Russian language |
2 | 3 | 4 | 5 | 6 |
continuation of the table
Unit of measurement | Quantity, volume |
Price per unit, tenge | Total amount, approved for purchase, tenge |
Term of rendering services or delivery of goods | Place of rendering services or delivery of goods |
Size of advance payment, % |
7 | 8 | 9 | 10 | 11 | 12 | 13 |
| Appendix 2 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
Standard tender documentation for selection of a supplier of goods and services of organizations, carrying out functions on protection of rights of a child ______________________________________________________________ (indicate the name of the tender)
Organizer of the tender _______________________________________________________
__________________________________________________________________________
(indicate the full name, location of the customer, BIN, bank details, contact phone numbers, e-mail and postal address)
1. General provisions
1. The tender is held for the purpose of selecting a supplier (indicate the name of goods or services).
2. The sum, allocated for this tender for the purchase of goods or services ________ tenge.
This tender documentation includes:
1) an application for participation in the tender for legal entities and individuals in the forms according to Appendices 1 and 2 to the Tender documentation;
2) technical specifications for the tender documentation on selection of a supplier of goods and services of organizations, carrying out functions on protection of rights of a child according to Appendices 3 and 4 to the Tender documentation;
3) criteria for selecting a supplier of a service or goods according to Appendices 5 and 6 to the Tender documentation;
4) the list of purchased goods or services in the form according to Appendix 7 to the Tender documentation.
A potential supplier, who has expressed a desire to participate in the tender with an application for participation in the tender shall make security of the application for participation in the tender in the amount of one percent of the sum, allocated for the purchase of services or goods in one of the following forms:
1) a guarantee money deposit, placed on the following bank account _______ (indicate the full bank account details of the customer or organizer of the tender);
2) a bank guarantee.
A potential supplier or his/her authorized representative by power of attorney shall send to the postal address of the tender organizer, located at: _____ (indicate the name and address of the organizer of the tender) or purposely submit to the secretary of the commission (room №__) the package of documents according to paragraph 24 of the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child, approved by the order of the Minister of Education and Science of the Republic of Kazakhstan dated June 30, 2016 № 412 (registered in the Register of state registration of regulatory legal acts № 14223) up to _____ (indicate the deadline for final submission of documents).
The documents are submitted by a potential supplier to the organizer of the tender in stitched form with numbered pages without corrections or blemishes. The last page of an application is signed by the first head and sealed (if any).
The documents, submitted after the deadline, set by the tender organizer shall not be subject to registration and returned to potential suppliers.
| Appendix 1 to the Standard tender documentation for selection a supplier of goods and services of organizations, carrying out functions on protection of rights of a child form |
To whom _____________________________
(name of the tender organizer)
Application for participation in the tender (for a legal entity)
From whom ___________________________________________________________
(full name of a potential supplier)
1. Information about a potential supplier, applying for participation in the tender:
1) legal, postal addresses and contact phone numbers of a potential supplier;
2) bank details of a legal entity (BIN, BIC), as well as full name and address of the bank or its branch where a legal entity is served;
3) surname, name, patronymic (if any) of the first head of a legal entity;
4) residence of a legal entity.
2. ______________________________________________________________________
(full name of a legal entity)
this application expresses a desire to participate in the tender ______________________
(full name of the tender)
as a potential supplier and agrees to carry out rendering a service or delivery of goods_____________________(indicate necessary) in accordance with the requirements and conditions, provided for in the tender documentation.
3. _____________________________________________________________________
(full name of a legal entity)
this application notifies of the restrictions, provided for in Article 6 of the Law of the Republic of Kazakhstan dated December 4, 2015 "On Public Procurement".
4. _____________________________________________________________________
(full name of a legal entity)
confirms that he/she is familiar with the Tender documentation and is aware of the responsibility for providing the organizer of the tender and the tender commission with false information about his/her legal capacity, qualifications, quality characteristics of the rendered services or goods purchased _____________________________________________________
(indicate necessary)
5. This tender application is valid for ________ calendar days.
6. In case of recognition ____________________________________________________
(name of a legal entity)
as the winner of the tender, we shall be obliged to make the security of the contract execution for the sum equal to three percent of the total sum of the contract.
7. An application for participation in the tender serves as a binding contract between us.
Date
Signature of the head ______________________________________________________
P. S. (if any)
(indicate surname, name, patronymic (if any), position)
| Appendix 2 to the Standard tender documentation for selection a supplier of goods and services of organizations, carrying out functions on protection of rights of a child form |
To whom_____________________________ (name of the tender organizer)
Application for participation in the tender
(for an individual)
From whom ____________________________________________________________________________________________________________________________
(surname, name, patronymic (if any) of a potential supplier)
1. Information about an individual, applying for participation in the tender (a potential supplier):
1) surname, name, patronymic (if any) of an individual-a potential supplier, in accordance with the identity document;
2) data of an identity document of an individual- a potential supplier (№, by whom issued);
3) the registration address of an individual - a potential supplier;
4) number of the certificate of registration, a patent (or grounds) granting the right to engage in business activity, corresponding to the subject of the tender in accordance with the legislation of the Republic of Kazakhstan;
5) bank details of an individual-a potential supplier (IIN, BIC, IIC), as well as full name and address of the bank or its branch, where an individual is served;
6) contact phone numbers, postal address and e-mail address (if any) of an individual- a potential supplier;
7) residence of an individual.
2. __________________________________________________________________________________________________________________________________
(indicate surname, name, patronymic (if any) of an individual)
this application expresses a desire to participate in the tender _____________________________________________________________________________
(indicate the full name of the tender)
as a potential supplier and agrees to carry out rendering of services or delivery of goods ______________________________________________
(indicate necessary)
in accordance with the requirements and conditions, provided for in the tender documentation.
3.___________________________________________________________________________________________________________________________________
(name of a potential supplier)
this application notifies of the restrictions, provided for in Article 6 of the Law of the Republic of Kazakhstan dated December 4, 2015 "On Public Procurement".
4. ______________________________________________________________________________________________________________________________
(name of a potential supplier)
confirms that he/she is familiar with the Tender documentation and is aware of the responsibility for providing the organizer of the tender with false information about his/her legal capacity, qualifications, quality and other characteristics of the rendered services or goods purchased (indicate necessary)
5. This tender application is valid for _______ calendar days.
6. In case of recognition_________________________________________________________________________________________________________________
(name of a potential supplier)
as the winner of the tender, shall be obliged to make the security of the contract execution for the sum equal to three percent of the total sum of the contract (it is specified, if making the security of the contract execution was provided the tender documentation).
7. An application for participation in the tender serves as a binding contract between us.
Date
Signature of the head ______________________________________________________________________________________________________
(indicate surname, name, patronymic (if any), position)
P. S. (if any)
| Appendix 3 to the Standard tender documentation for selection a supplier of goods and services of organizations, carrying out functions on protection of rights of a child |
Technical specifications to the tender documentation for selecting a supplier of goods of
organizations, carrying out functions on protection of the rights of a child
1. Description of the goods (functional characteristics and consumer properties).
2. The objective of the goods and purposes of use.
3. Necessary technical characteristics of the goods, dimensions, packaging.
4. Conditions for shipment and delivery of goods, quantity, frequency, term and place of delivery, training of personnel.
5. Indication of the quality and safety indicators of the goods, its place of origin.
6. Conditions for transferring documentation and the required quantity of consumables to the customer along with the goods.
7. Conditions of warranty and post-warranty service (term, place).
Date
Signature of the head of the organization ______________P. S. (if any)
(indicate surname, name, patronymic (if any), position)
| Appendix 4 to the Standard tender documentation for selection |
|
| a supplier of goods and services of organizations, carrying out functions on protection of rights of a child |
Technical specifications to the tender documentation for selecting a supplier of services of
organizations, carrying out functions on protection of the rights of a child
Technical specification for rendering a service consists of the following stages:
1) determining the specific purpose of receiving a service;
2) determining the list of actions, included in the composition of the service, allowing to achieve the maximum goal, their volume (number), and terms of service rendering;
3) determining the level of necessary qualifications of specialists providing the service;
4) determining the procedure for reporting the service provider to the customer.
The technical specification for rendering services includes:
1) name and purpose of using the rendered services indicating a brief description of what services the customer needs to perform;
2) the list of services and their volume (number) of actions, required from the performer, taking into account the actual needs of a customer;
3) types of rendered services, if several homogenous types of services are purchased;
4) place of rendering services indicating a specific address (addresses);
5) conditions for performing services, availability of necessary material, financial and labor resources, sufficient to fulfill obligations under the contract on rendering a service;
6) terms (periods) of rendering services, indicating the period (s) during which the services are rendered or a specific calendar date by which the services will be completed, or the minimum acceptable date for the customer for completion of services, or the period from the moment of conclusion of the contract (payment of an advance, or other moment), from which the contractor will begin to render services;
7) conditions for performing related works, rendering related services, and supplying necessary goods and equipment;
8) general requirements for rendering services, their quality, including technologies for rendering services, methods and techniques for rendering services;
9) security conditions for rendering services and security of the results of services. If the contractor is required to provide third-party liability insurance during the execution of the contract, or if the rendered services are associated with a possible danger to the life and health of people;
10) the procedure for delivery and acceptance of the results of services. The measures on ensuring delivery and acceptance of services for each stage of implementation of services and in general, the content of reporting, technical documentation subject to be executed and submitted for each stage and in general (the requirement of tests, control starts, signing of acts of technical control upon delivery of services) are indicated;
11) conditions for the transfer of technical documents on completion and delivery of services to the customer;
12) conditions of technical training of the customer's personnel to work on the objects, prepared according to the results of rendering services by the supplier;
13) conditions for the volume of guarantees of services quality (minimum acceptable for the customer or strictly established obligations of the contractor during the warranty period);
14) conditions for the term of quality guarantees for the results of services (minimum acceptable for the customer or strictly established deadlines).
Date
Signature of the head of the organization ______________________________________________________________________________________P. S. (if any)
(indicate surname, name, patronymic (if any), position)
| Appendix 5 to the Standard tender documentation for selection a supplier of goods and services of organizations, carrying out functions on protection of rights of a child |
Criteria for selecting a supplier of goods
Footnote. The criteria as amended by the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).
Criteria | In the absence | In the presence | |
1 | Experience of a potential supplier in the market of goods that are the subject of a tender | 0 points | 2 points for each year, but no more than 10 points |
2 | Availability of a document on voluntary certification of goods for domestic producers | 0 points | 1 point |
3 | Availability of a certified quality management system (certified systems) in accordance with the requirements of national standards for the purchased goods | 0 points | 1 point |
4 | Availability of a certified system (certified systems) of environmental management in accordance with the requirements of national standards and (or) confirmation of compliance with the standard of environmentally friendly products | 0 points | 1 point |
5 | Availability of own production (no more than 2 points) | 0 points | 2 points |
6 | Terms of delivery of goods by road (no more than 3 points) | 0 points |
availability of own transport |
7 | Availability of characteristics for the supplier of goods | 0 points | for each characteristic 1 point, but no more than 3 points |
8 | Availability of registration of a potential supplier as an entrepreneur on the territory of the corresponding region, the city of republican significance, the capital city, where the tender is held | 0 points | 2 points |
Note: under paragraph 1, availability of experience on the subject of the tender is confirmed by previously concluded contracts, under paragraph 5, it is necessary to submit title documents.
Footnote. The criteria are supplemented with a note in accordance with the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).| Appendix 6 to the Standard tender documentation for selection a supplier of goods and services of organizations, carrying out functions on protection of rights of a child |
Criteria for selecting a supplier of a service
Footnote. Criteria as amended by the order of the Minister of Education and Science of the Republic of Kazakhstan dated 29.05.2017 № 251. (shall be enforced upon expiry of ten calendar days after its first official publication).
Criteria | In the absence | In the presence | |
1 | Experience of a potential supplier in the market of services that are the subject of a tender | 0 points | 2 points for each year, but no more than 10 points |
2 | Availability of a certificate of compliance that meets the environmental management system in relation to services | 0 points | 1 point |
3 | Availability of a quality management system certificate for services | 0 points | 1 point |
4 | Availability of own production or necessary equipment for rendering services (no more than 2 points) | 0 points | 2 points |
5 | Availability of a production control plan (no more than 1 point) | 0 points | 1 point |
6. | Availability of characteristics for the supplier of a service (no more than 3 points) | 0 points | for each characteristic 1 point, but no more than 3 points |
7 | Availability of registration of a potential supplier as an entrepreneur on the territory of the corresponding region, the city of republican significance, the capital city, where the tender is held | 0 points | 2 points |
Note: under paragraph 1, availability of experience on the subject of the tender is confirmed by previously concluded contracts, under paragraph 4, it is necessary to submit title documents.
| Appendix 7 to the Standard tender documentation for selection a supplier of goods and services of organizations, carrying out functions on protection of rights of a child |
|
| form |
List of purchased goods and services
Tender for ________________________________________________ (indicate full name)
№ | The name of the customer | Name of the goods (service) | Unit of measurement | Quantity, volume |
1 |
2 |
3 |
4 |
5 |
continuation of the table
Delivery conditions |
Delivery term |
Place of delivery |
The size of advance payment, % | The sum, allocated for the purchase (lot №), tenge |
6 | 7 | 8 | 9 | 10 |
Position, surname, name, patronymic (if any) and signature of the head of the tender organizer |
Position surname, name, patronymic (if any) and signature of the head of the customer ___________________________________ |
*Full description and characteristics of the goods (services) are indicated in the technical specification
| Appendix 3 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
An announcement of the tender _____________________________________________
(name, postal and e-mail address of the tender organizer)
announces about holding a tender on selection a supplier of a service or goods
_______________________________________________________________________
(name of the purchase of a service or goods)
The service must be rendered: ______________________________________________
(indicate the place of rendering a service and its volumes, the list of categories of the service recipients and their number, the sum, allocated for rendering a service)
Term of rendering a service ____________________.
or: goods is delivered_________________________________________
(indicate the place of delivery of goods, the list of purchased goods, the sum, allocated for the purchase of goods)
Required term of delivery of goods ________________________________
All potential suppliers, meeting the requirements of the Tender documentation shall be allowed to participate in the tender.
A package of copies of the Tender documentation can be obtained before
"___" ___________ ________ year (indicate time and date) inclusive at the address: __________________, office № _____ from______ to ____ and/or on the Internet resource
_________________________________________________________________
(indicate e-mail address)
Tender applications for participation in the tender, sealed in envelopes, shall be submitted (sent) by potential suppliers to ___________________________________________________
(indicate the name of the tender organizer)
at the address: __________________________________________________________
(indicate the full address, office № )
The deadline for submitting applications for participation in the tender is until
_________________________________________ (indicate the time and date).
Envelopes with applications for participation in the tender will be opened at the following address: ____________________________________________________________
(indicate the full address, office №, time and date)
For more information and help, please call: __________________________________ (indicate phone number)
| Appendix 4 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
Journal of registration of persons, who received a copy of the Tender documentation
№ |
Name of the tender |
Duration of the tender | Surname, name, patronymic (if any) of a potential supplier or representative of a legal entity |
IIN / BIN |
1 | 2 | 3 | 4 | 5 |
continuation of the table
Number of the identity document (issued by whom and date of issue) | Information about state registration (re-registration) of a legal entity or an individual entrepreneur |
Location and contact phone numbers |
Time and date of receipt of a copy of the Tender documentation |
6 | 7 | 8 | 9 |
| Appendix 5 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
Journal of registration of applications for participation in the tender
№ | Name of the tender | Duration of the tender | Surname, name, patronymic (if any) of a potential supplier or representative of a legal entity | IIN / BIN |
1 | 2 | 3 | 4 | 5 |
continuation of the table
Number of the identity document (issued by whom and date of issue) | Information about state registration (re-registration) of a legal entity or an individual entrepreneur |
Location and contact phone numbers |
Time and date of receipt of a copy of the Tender documentation |
6 | 7 | 8 | 9 |
| Appendix 6 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
The Protocol for opening envelopes ___________________ __________________ (venue) (time and date)
Tender commission consisting of: (surname, name, patronymic (if any), position of the Chairman, his/her deputy, members of the tender commission, date, time and place of opening of tender applications) performed the procedure for opening envelopes with tender applications.
The Tender documentation is presented to the following potential suppliers: (name and address of all potential suppliers, to whom the tender documentation was provided).
Tender applications of the following potential suppliers:
__________________________________________________________________________
__________________________________________________________________________
(name and address of all potential suppliers, who submitted tender applications after the deadline for submission of tender applications, time of submission of tender applications) were returned unopened on the basis of__________________(indicate the reasons for not opening it).
Tender applications of the following potential suppliers, who submitted a tender application within the established terms before the deadline for submission of tender applications:
_________________________________________________________________________
(name and address of all potential suppliers, who submitted tender applications before the deadline for submission of tender applications, time of submission of tender applications) are opened and contain: __________________________(information about presence or absence of documents, constituting the tender application and other information announced at the opening of tender applications), which were announced to all present at the opening of tender applications and allowed to participation in the tender by the commission.
The following potential suppliers were present at the opening of tender applications (if present):
__________________________________________________________________________
_________________________________________________________________________
(name and address of all potential suppliers present at the opening of tender applications)
Surname, name, patronymic (if any) and signatures of the Chairman, his/her deputy, members and secretary of the Tender commission.
| Appendix 7 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
Protocol on admission to participate in the tender _____________________ ____________________ (venue) (time and date)
Tender for selection suppliers of services or goods on _______________ in __________
(name of goods and services) (name of organization)
1. Tender commission consisting of: _________________________________________
(list the composition of the tender commission)
_________ (indicate the date) considered applications for participation in the tender on selection of suppliers of services or goods in _________________________.
2. Applications for participation in the tender of following potential suppliers, who submitted them in the established terms before the deadline for submission of applications for participation in the tender____________________ (indicate name, address of all potential suppliers, who have submitted tender applications before the deadline for submission of tender applications, time of submission of an application for participation in the tender) were announced to everyone present at the meeting of the Tender commission.
3. The following tender application for participation in the tender were rejected to participate in the tender___________________________________________________________
(indicate potential suppliers (their details), whose tender applications for participation were rejected, indicating the reason: they do not meet the requirements of the tender documentation)
4. Tender applications of suppliers, that meet the requirements of the tender documentation
__________________________________________________________________________
(indicate a list of all suppliers)
5. The Tender commission, based on the results of consideration of applications for participation in the tender, decided by open voting:
1) To allow the following potential suppliers for participation in the tender:
__________________________________________________________________________
(indicate the list of suppliers, allowed for participation in the tender)
2) Prevent the following potential suppliers from participating in the tender: ________________________________________________________________________________
(indicate the list of suppliers, not allowed for participation in the tender and reasons for rejection)
3) Set the day, time and place for consideration of the tender documentation of potential suppliers, allowed for participation in the tender ___________________________________________________________________.
For this decision voted:
For - _______ votes (surname, name, patronymic (if any) of the members of the Tender commission);
Against -________votes (surname, name, patronymic (if any) of the members of the Tender commission).
Signatures of the Chairman, deputy chairman, members and secretary of the Tender commission.
| Appendix 8 to the Rules for purchasing goods and services of organizations, carrying out functions on protection of rights of a child form |
Protocol on the results of the tender ____________________________________________________________ (name of the tender)
_____________________ ____________________
(venue) (time and date)
1. The tender commission consisting of: ___________________________________.
(list the composition of the tender commission)
2. The following tender applications of potential suppliers for participation in the tender were allowed: _________ (indicate the applications of potential suppliers, allowed to the tender in accordance with the Protocol on admission to participation in the tender)
3. The Tender commission, based on the results of consideration in accordance with the criteria, decided by open voting:
1) to recognize as the winner of the tender _______________________________________;
(indicate name and location of the tender participant, as well as the conditions under which he/she is recognized as the winner)
2) to recognize the tender __________________________________________ as failed
(indicate the name of the tender and the reasons for recognizing the tender as failed)
In the case of consideration of the tender applications of participants of the tender, the winner of the tender was not determined or all tender applications were rejected, indicate the reasons.
3) The organizer of the tender ________ (indicate the name and location) by ____ year shall conclude a contract on rendering a service or delivery of goods _________ (indicate the name of the winner).
For this decision voted:
For - _______ votes (surname, name, patronymic (if any) of the members of the Tender commission);
Against -________votes (surname, name, patronymic (if any) of the members of the Tender commission).
Signatures of the Chairman, deputy chairman, members and secretary of the Tender commission.