Footnote. The title - in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 24.05.2021 No. 231 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Unofficial translation
In accordance with subparagraph 4) of Article 5 of the Law of the Republic of Kazakhstan "On Education," I hereby ORDER:
Footnote. The preamble - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 31.07.2023 No. 236 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. Approve the attached Rules for the organization of meals for students in state organizations of secondary education, extracurricular organizations of additional education, as well as the purchase of goods related to the provision of food for children raised and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations of technical and vocational, post-secondary education.
Footnote. Paragraph 1 - in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 24.05.2021 No. 231 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. To invalidate:
1) Order № 717 of the Acting Minister of Education and Science of the Republic of Kazakhstan “On approval of the Rules for catering to students in secondary education institutions, and also for the purchase of goods related to catering to children brought up and enrolled in preschool educational institutions, educational institutions for orphaned children and children without parental care” as of December 31, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under № 12788, published in the “Adilet” Information and Legal System of Regulatory Legal Acts of the Republic of Kazakhstan on January 25, 2016).
2) Order № 76 of the Acting Minister of Education and Science of the Republic of Kazakhstan as of February 22, 2017 “On amendments to Order № 717 “On approval of the Rules for catering to students in secondary education institutions, and also for the purchase of goods related to catering to children brought up and enrolled in preschool educational institutions, educational institutions for orphaned children and children without parental care” as of December 31, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under № 14956, published in the “Adilet” Information and Legal System on April 21, 2017).
3. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Committee on the Protection of Children’s Rights of the Ministry of Education and Science of the Republic of Kazakhstan shall:
1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days of the state registration of this order, send its Kazakh and Russian hard and soft copies to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this order on the website of the Ministry of Education and Science of the Republic of Kazakhstan after its official publication;
4) within ten working days of the state registration, submit information on the implementation of measures, provided for in subparagraphs 1), 2) and 3) of this paragraph, to the Legal Department of the Ministry of Education and Science of the Republic of Kazakhstan.
4. Control over the execution of this order shall be entrusted to the vice-minister of Education and Science of the Republic of Kazakhstan, B.A.Assylova.
5. This order shall take effect ten calendar days after the day of its first official publication.
| Minister of Education and Science | |
| of the Republic of Kazakhstan | Y. Sagadiyev |
“AGREED”
Minister of Healthcare of
the Republic of Kazakhstan
____________________
"______" ___________ 2018
“AGREED”
Minister of Finance of
the Republic of Kazakhstan
___________________
"______" ___________2018
“AGREED”
Minister of National Economy of
the Republic of Kazakhstan
__________________
"______" ___________2018
| Approved by Order № 598 of the Minister of Education and Science of the Republic of Kazakhstan as of October 31, 2018 |
Rules for the organization of meals for students in state organizations of secondary education, extracurricular organizations of additional education, as well as the purchase of goods related to the provision of food for children raised and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations of technical and vocational, post-secondary education
Footnote. The rules - in the wording of the order of the Minister of Education and Science of the Republic of Kazakhstan dated 24.05.2021 No. 231 ((shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for the organization of meals for students in state organizations of secondary education, after-school organizations of additional education, as well as the purchase of goods related to the provision of food for children raised and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations of technical and vocational, post-secondary education (hereinafter referred to as the Rules) shall establish the procedure for catering for students in state organizations of secondary education, extracurricular organizations of additional education, as well as the purchase of goods related to the provision of nutrition for children raised and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations of technical and vocational, post-secondary education.
2. The following concepts shall be used in the Rules:
1) potential supplier - an individual, a legal entity (with the exception of state institutions) engaged in entrepreneurial activities;
2) tender documentation - documents submitted by the tender organizer to a potential supplier to prepare an application for participation in the tender and containing the conditions and procedure for holding the tender;
3) tender organizer (customer):
in state organizations of secondary education, extracurricular organizations of additional education - organization of secondary education, an extracurricular organization of further education or an educational governing body in the event, when the organization of secondary education, the extracurricular organization of additional education shall not independently keep accounting records or the local executive body of the region, cities of national importance and the capital, in case the organization of catering for students in secondary education organizations is carried out through the conclusion of a public-private partnership agreement in accordance with the Law of the Republic of Kazakhstan dated October 31, 2015 "On public-private partnership" (hereinafter referred to as the Law on public-private partnership) or a body by decision of the local executive body of the region, the city of republican significance and the capital;
in state preschool organizations, educational organizations for orphans and children, left without parental care, technical and professional organizations, post-secondary education - a preschool organization, organization of education for orphans and children left without parental care, organization of technical and professional, post-secondary education or educational management body, in the case when a preschool organization, an organization of education for orphans and children, left without parental care, the organization of technical and professional, post-secondary education shall not independently keep accounting records or a body by decision of the local executive body of the region, the city of republican significance and the capital;
4) residents of the Republic of Kazakhstan - citizens of the Republic of Kazakhstan, including those temporarily abroad or in public service abroad, with the exception of citizens who have a document for the right of permanent residence in a foreign state, issued in accordance with the legislation of this state;
foreigners and stateless persons who have a document for the right of permanent residence in the Republic of Kazakhstan;
legal entities established in accordance with the legislation of the Republic of Kazakhstan, with a location on its territory, as well as their branches and representative offices with a location in the Republic of Kazakhstan and abroad;
diplomatic, trade and other official missions of the Republic of Kazakhstan located outside its borders;
5) fiscal year - the period of time beginning on January 1 and ending on December 31 of the current year;
6) criteria for selecting a service provider - characteristics on the basis of which the capabilities and conditions for providing a service by a potential supplier shall be assessed;
7) electronic copy of the document - a document that fully reproduces the form and information (data) of the original document in electronic digital form;
8) public-private partnership - a form of cooperation between a public partner and a private partner that shall meet the criteria established by the Law of the Republic of Kazakhstan dated October 31, 2015 "On public-private partnership" (hereinafter referred to as the Law on public-private partnership);
9) public-private partnership agreement - a written agreement defining the rights, obligations and responsibilities of the parties to the public-private partnership agreement, other conditions of the public-private partnership agreement within the framework of the implementation of the public-private partnership project;
10) public procurement web portal (hereinafter referred to as the web portal)- an information system of a state body providing a unified point of access to electronic procurement services;
11) contract on the purchase of services, goods (hereinafter referred to as the contract) - a civil law contract concluded through a web portal between the customer and the supplier, certified by electronic digital signatures;
12) organization of secondary education - an organization of education implementing general educational programs of primary, basic secondary, general secondary education, specialized general educational and special educational programs;
13) support of domestic producers of services, goods - measures to create favorable conditions for stimulating the development of domestic production of services, goods in accordance with paragraph 1 of Article 17 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015;
14) supplier - an individual, a legal entity (with the exception of state institutions) engaged in business activities, concluded an agreement on the provision of services or the supply of goods;
15) purchase identification code - an identification number assigned to each purchase (lot), which shall contain information about all stages of procurement;
16) electronic wallet - a personal account of a potential supplier placed on the bank account of a unified operator in the field of public procurement, designed to carry out settlement operations related to the provision of applications for participation in the tender.
Footnote. Paragraph 2 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Chapter 2. Procedure for catering of students in state organizations of secondary education, extracurricular organizations of additional education
3. Catering shall be provided by:
in secondary education organizations by:
1) purchase of services, goods for catering of students on a competitive basis;
2) in the absence of equipment and/or the presence of worn-out equipment of the school canteen in order to replace it with new equipment - purchasing catering services for students in secondary education organizations in accordance with the Law on public-private partnership and these Rules;
3) if there is equipment in the school canteen, conditions that meet the requirements of regulatory legal acts in the field of sanitary and epidemiological well-being of the population - the purchase of food for students on a competitive basis when introducing positions, the canteen manager, cook, kitchen worker based on the decision of local executive bodies;
4) providing conditions for catering for students in secondary education organizations;
in extracurricular organizations of additional education by purchasing services, food on a competitive basis.
Footnote. Paragraph 3 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 07.12.2022 No. 490 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Paragraph 1. Purchase of services, catering products for students on a competitive basis
4. The purchase of services, catering products for students and pupils on a competitive basis shall provide for the following sequential actions:
1) development and approval of the plan for the purchase of services and (or) goods, if the organizer of the tender is not the customer himself - the customer shall send through the web portal items of the annual plan for the purchase of services and (or) goods (preliminary annual plan for the purchase of services and (or) goods) to fulfill the procedures for organizing and conducting the tender;
2) the formation and approval of the composition of the competition committee, in the event of a competition by the organizer, the inclusion of customer's employees in the competition commission shall not be mandatory;
3) approval of tender documentation;
4) posting on the web portal an announcement on the implementation of the supplier selection procedure, as well as the text of the tender documentation;
5) submission by potential suppliers of applications for participation in the competition in the form of an electronic document and their automatic registration on the web portal;
6) automatic opening of applications and posting of the corresponding autopsy protocol on the web portal;
7) consideration by the tender committee through the web portal of applications for participation in the tender of potential suppliers for their compliance with the qualification requirements and the requirements of the tender documentation,
8) identify potential suppliers that meet the qualification requirements and requirements of the tender documentation, and recognize them as participants in the tender,
9) determining the winner of the tender, as well as the potential supplier who took the second, third and so on place, and posting a protocol on the procurement results on the web portal;
10) conclusion of the contract of the customer, the organizer with the winner on the basis of the protocol on the results of the competition.
5. In the tender documentation or in the posted information, it shall not be allowed to establish any, not quantified and (or) not administrable requirements for potential suppliers, or an indication of the characteristics that determine the ownership of purchased services, goods to individual potential suppliers.
6. The purchase of services or goods shall be carried out by the tender organizer on the basis of the approved plan for the purchase of services and (or) goods by the organizer or customer.
7. On the basis of the relevant budget, the customer or, if the customer and the tender organizer act in one person, the tender organizer shall, within ten working days from the date of approval of the relevant budget, develop and approve a plan for the purchase of the service and (or) goods for the fiscal year based on the need for services and (or) goods in the form specified in Annex 1 to the Rules. ";
8. The Customer or, if the Customer and the Tender organizer speak in one person, the Tender organizer shall post it on the web portal within five working days from the date of approval of the plan for the purchase of the service and (or) goods.
The Customer shall provide the organizer with information and documents for the organization and holding of the tender.
9. Introduction of amendments and additions to the plan of purchase of services and (or) goods shall be made in the event of introduction of amendments and (or) additions to the customer's budget or, if the customer and the organizer of the competition act in one person, the organizer of the competition.
The Customer or, if the Customer and the Tender organizer act in one person, the Tender organizer shall post the introduction of amendments and/or additions made on the web portal within five working days from the date of making the decision introduce amendments and/or additions to the purchase plan for services and/or goods.
10. To carry out the procedures for organizing and conducting the competition, the organizer shall approve the competition committee and shall determine the secretary of the competition committee.
11. The decision to create a competition committee and determine the secretary of the competition committee shall be made by the first head of the organizer or the person acting as him.
12. The competition committee shall be created by order of the organizer of the competition and shall consist of an odd number of commission members, but at least five people.
Members of the competition committee shall consider applications and take part in the voting without replacing the absent members of the commission.
13. The organizer of the competition shall include, by agreement, representatives of local executive bodies registered on the web portal in the competition committee.
Footnote. Paragraph 13 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).14. The official not below the deputy first head of the organizer or the face, the acting as the first head or his deputy shall be defined by the chairman of the contest committee.
In case of absence of the chairman of the contest committee the candidate for the chairman of the contest committee shall be reapproved. At the same time the official not below the deputy first head, and in case of his absence – the first head shall be defined by the chairman of the contest committee.
15. The chairman of the contest committee shall direct activity of the contest committee and shall carry out the functions provided by these rules.
16. The contest committee shall act from the date of entry into force of the decision on her creation and shall stop the activity in day of signing of the contract.
17. The meeting of the contest committee shall be competent if at it there are not less than two thirds of members of the contest committee, without the right of replacement. In case of absence of one of members of the contest committee, the reason of his absence shall be specified in the minutes of the contest committee.
18. Organizational activity of the contest committee shall be provided with the secretary of the contest committee. The secretary of the contest committee shall not be a member of the contest committee and shall not participate in vote at adoption of decisions by the contest committee.
The secretary of the contest committee shall not defined from among officials of body or organization which shall be the organizer responsible for the organization and holding a competition.
19. Secretary of the contest committee shall:
1) form and place the tender documentation on the web portal;
2) place on the web portal the announcement of holding a competition, the protocol of opening of tender, the protocol on competition results and also other documents at their existence;
3) carry out the functions provided by these rules.
20. The organizer of a competition shall develop and approve the tender documentation according to the Standard tender documentation at the choice of the supplier (hereinafter referred to as the Standard tender documentation) in a form according to Annex 2 to these rules including:
1) the list of categories of recipients of service in a form according to Annex 1 to the Standard tender documentation, when choosing the supplier of goods - the list of the acquired goods in a form according to Annex 2 to the Standard tender documentation;
2) specification to the tender documentation at the choice of the supplier according to Annex 3 to the Standard tender documentation.
When choosing the supplier of service to the specification to the tender documentation at the choice of the supplier it shall be applied:
– the perspective menu apportion approved by educational body with the indication of the name of dishes, mass of a portion of dishes in grams, ingredients of dishes (in grams), corresponding to the resolution of the Government of the Republic of Kazakhstan dated March 12, 2012 No. 320 "On approval of the sizes, sources, types and Rules of providing social assistance to citizens to keep a social assistance", the prices of dishes and products taking into account average unit price according to the database of goods prices, work, service on the web portal of government procurement, data of authorized body in maintaining statistics;
– the assortment list of dishes, a products still-room, including juice, drinks, bottled water approved by the customer with the indication of the price of dishes and products taking into account average unit price according to the database of goods prices, work, service on the web portal of government procurement, data of authorized body in maintaining statistics;
– checklists of dishes;
3) application for legal entities and natural persons in forms according to Annexes 4, 5 to the Standard tender documentation;
4) data on qualification of the potential supplier in a form according to Annex 6 to the Standard tender documentation with application of copies of supporting documents about existence, from calculation:
- up to 150 students in the organization of education – not less than 1 cook, the 1st kitchen worker;
- from 151 to 350 students in the organization of education – not less than 1 cook, 2 kitchen workers;
- from 351 to 650 students in the organization of education – not less than 1 cook, 3 kitchen workers;
- from 651 to 1500 students in the organization of education – not less than 3 cooks, 4 kitchen workers;
- from 1501 to 2500 students in the organization of education – not less than 3 cooks, 5 kitchen workers;
- from 2501 and more students in the organization of education – not less than 3 cooks, 7 kitchen workers;
5) criteria for selection of the supplier of service or goods according to Annexes 7, 8 to the Standard tender documentation;
6) Standard contract on rendering service according to Annex 9 and the Standard contract on delivery of goods according to Annex 10 to the Standard tender documentation.
Footnote. Paragraph 20 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).21. The competition for the purchase of services shall be carried out with a breakdown into lots for educational organizations (1 lot - 1 organization of education) if the organizer of the competition is not the organization of secondary education.
The competition shall be held without dividing into lots, if the organizer of the competition for the choice of a catering service provider is an education organization (1 education organization - 1 supplier).
Footnote. Paragraph 21 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).22. When purchasing goods, the organizer decides to hold a competition with the breakdown of goods into lots and (or) combining individual goods into one lot in the following groups: dairy products, meat products, vegetables and greens, fruits and juices, fish products, flour products and cereals (legumes), other goods.
23. Consideration of applications for participation in the competition, as well as determination of the winner of the competition shall be carried out for each lot provided for in the tender documentation.
24. Potential suppliers shall participate in the competition, determined based on the results of consideration of applications for participation in the competition in accordance with the qualification requirements and the requirements of the tender documentation.
25. The applicatant shall meet the following qualification requirements to participate in the tender:
1) the absence of tax debt exceeding the sixfold size of the monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget, determined automatically by the web portal on the basis of information from state revenue bodies no earlier than the date of placement of the announcement of the competition;
2) not subject to bankruptcy or liquidation proceedings;
3) availability of material and labor resources.
26. Excluded by the order of the Minister of Education of the Republic of Kazakhstan dated 07.12.2022 No. 490 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).27. After approval of the tender documentation, the tender organizer forms the tender documentation on the web portal in Kazakh and Russian.
28. The tender organizer shall, no later than three working days from the date of approval of the tender documentation, post the text of the tender announcement in accordance with Annex 3 to these Rules, as well as the tender documentation, on the web portal on weekdays from 9 a.m. to 6 p.m.
The start of acceptance of applications shall be carried out after three working days from the date of placement of the announcement.
The deadline for the final date of submission of applications by potential suppliers for participation in the tender shall be at least fifteen calendar days from the date of placement of the text of the tender announcement and the text of the approved tender documentation.
Footnote. Paragraph 28 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).29. Introduction of amendments to the tender documentation shall be made by the tender organizer within 10 calendar days from the date of placement of the text of the announcement of the tender.
The Organizer shall, no later than one business day from the date of the decision to introduce amendments and (or) additions to the tender documentation, send the text of the amendments and (or) additions made through the web portal to the suppliers who have received the tender documentation on the web portal.
The final deadline for submitting applications for participation in the competition shall be extended for a period of five to ten calendar days.
30. In the event of a second tender, the tender organizer shall, at least ten calendar days before the final date of submission of applications for participation in the tender, post on the web portal the text of the announcement of the second tender, provided that the tender documentation of the failed tender is unamended, except for the term of the contract due to the second tender.
31. From the date of placement of the announcement of the competition, everyone shall be given the opportunity to receive tender documentation on the web portal.
32. It shall not be allowed to provide tender documentation until the moment of notification of the tender on the web portal.
33. A potential supplier with legal capacity, which shall not be solvent and shall have material and labor resources, claims to participate in the competition.
34. The application for participation in the tender shall be submitted in the form of an electronic document through the web portal before the end of the final deadline for its submission specified in the tender documentation and shall be a form of expressing the consent of the potential supplier with the conditions established by the tender documentation, as well as the consent of the potential supplier to receive information about it confirming compliance with the requirements of the qualification and tender documentation for the choice of the supplier provided for by these Rules.
35. The application for participation in the tender, submitted to the organizer by a potential supplier who shall have expressed a desire to participate in the tender, must contain the documents listed in the tender documentation.
36. Applications submitted by potential suppliers shall be automatically registered on the web portal.
37. An application shall be deemed accepted when the web portal automatically sends a notice to the applicant.
38. The potential supplier shall submit only one application for participation in the competition, in case of breakdown by lots - in the lot.
39. The applicant shall not be entitled to participate in the tender and the applicant's application shall be automatically rejected by the web portal in the following cases:
1) a potential supplier shall have previously submitted an application for participation in this tender;
2) the application for participation in the competition has been received on the web portal after the final deadline for accepting applications for participation in this competition has expired;
3) close relatives, spouse or property of the first managers of this potential supplier and (or) an authorized representative of this potential supplier shall participate in the decision to select a supplier or shall be a representative of the customer or the organizer of the competition in held tenders;
4) the head of a potential supplier applying for participation in the tender shall be associated with the management, establishment, participation in the authorized capital of legal entities in the Register of unscrupulous participants in public procurement, formed in accordance with the Law of the Republic of Kazakhstan dated December 4, 2015 "On public procurement" (hereinafter referred to as the Register of unscrupulous participants in public procurement), the List of unscrupulous suppliers (potential suppliers) of services, food products for students in state organizations of secondary education, extracurricular organizations of additional education, as well as goods related to the provision of nutrition for children, those brought up and studying in state preschool organizations, educational organizations for orphans and children, left without parental care, organizations of technical and professional, post-secondary education, approved by the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 31, 2018 No. 599 "On approval of the Rules for the formation of a List of unscrupulous suppliers (potential suppliers) of services, food for students in state organizations of secondary education, extracurricular organizations of additional education, as well as goods related to the provision of food for children raised and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations technical and professional, post-secondary education " (registered in the Register of State Registration of Regulatory Legal Acts under No. 17766) (hereinafter referred to as the List of unscrupulous suppliers (potential suppliers).
5) the head of a potential supplier applying for participation in the tender shall be an individual engaged in entrepreneurial activities, included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
6) a potential supplier who shall be an individual carrying out business activities, applying for participation in the tender, shall be the head of a potential supplier who shall be included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
7) a potential supplier shall consist of a register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
8) the potential supplier shall have unfulfilled obligations under the executive documents and shall be included by the authorized body implementing the state policy and state regulation of activities in the field of ensuring the execution of executive documents in the Unified Register of Debtors.
9) the presence of tax arrears and arrears on mandatory pension contributions, mandatory professional pension contributions and social contributions in the amount exceeding the six-time monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget;
10) the potential supplier shall not be a resident of the Republic of Kazakhstan;
11) the property of a potential supplier whose book value exceeds ten percent of the value of the relevant fixed assets shall have been seized;
12) potential supplier, and/or their manager shall be included in the list of organizations and persons related to the financing of terrorism and extremism, in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
13) be the subject to bankruptcy or liquidation proceedings.
40. The validity period of the application for participation in the tender submitted by the potential supplier for participation in the tender shall be at least sixty calendar days from the date of opening of applications for participation in the tender and must correspond to the period established by the tender documentation.
41. Any introduction of amendments or withdrawal of a application by a potential supplier shall be made at any time before the final deadline for submission of applications.
Withdrawal of the application for participation in the competition after the final deadline for their submission is not allowed.
42. The presentation of individual documents required in accordance with the tender documentation by a potential supplier is carried out through the receipt of documents by contacting state information systems and (or) state databases, or by filling out an electronic form using a web portal.
43. The applicant shall post a application on the web portal containing the following documents before the final deadline for their submission:
1) application for participation in the tender, drawn up in Kazakh and Russian, of a potential supplier in accordance with Annexes 4, 5 to the Standard Tender Documentation, indicating the validity period;
2) securing an application for participation in the competition in the form of money in the electronic wallet of a potential supplier, or an electronic bank guarantee in the amount of one percent of the amount allocated for the purchase of services or goods;
3) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the Standard Tender Documentation.
When selecting a service provider, the technical assignment shall include a perspective menu-layout, an assortment list of dishes, buffet products, process cards of the tender organizer's dishes;
4) information on the qualification of a potential supplier according to the form according to Annex 6 to the Standard Tender Documentation with attached copies of supporting documents on availability, based on:
- up to 150 students in the organization of education - at least the 1st cook, the 1st kitchen worker;
- from 151 to 350 students in the organization of education - at least the 1st cook, 2 kitchen workers;
- from 351 to 650 students in the organization of education - at least the 1st cook, 3 kitchen workers;
- from 651 to 1500 students in the organization of education - at least 3 chefs, 4 kitchen workers;
- from 1501 to 2500 students in the organization of education - at least 3 chefs, 5 kitchen workers;
- from 2501 or more students in the organization of education - at least 3 chefs, 7 kitchen workers.
Footnote. Paragraph 43 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).44. The amount of security for the application for participation in the competition, calculated in tyins, shall be rounded. In this case, the amount of less than fifty tiyn shall be rounded to zero, and the amount equal to fifty tiyn and higher shall be rounded to one KZT.
45. The application for participation in the tender shall be made separately for each lot or for the total amount of the tender lots in which the potential supplier shall take part.
If a potential supplier makes an application for participation in the tender in the form of a guarantee cash contribution, which shall be made to the organizer's bank account or to the account provided for by the budget legislation of the Republic of Kazakhstan for organizers who shall be state bodies and state institutions, then it shall be submitted in the form of an electronic copy of the payment document confirming the guarantee cash contribution. In this case, a guarantee cash contribution shall be made to the bank account specified in the tender documentation until the final deadline for submitting applications for participation in the tender.
46. Opening of applications for participation in the competition shall be performed automatically by the web portal within five minutes from the expiration of the final deadline for submission of applications for participation in the competition.
47. If only one application for participation in the tender (lot) is submitted for the tender (lot), then such application shall be also opened and considered in accordance with these Rules.
48. The protocol for opening applications for participation in the competition shall be posted automatically by the web portal at the time of opening them in accordance with Annex 4 to these Rules. In this case, the web portal sends automatic notifications to members of the competition commission, potential suppliers who have submitted applications for participation in the competition.
49. Before the start of the competition, the members of the competition commission, the secretary of the competition commission shall be aware of the approved tender documentation and its Annexes.
50. The Tender Committee shall review applications through the web portal in order to identify potential suppliers that shall meet the qualification requirements and the requirements of the tender documentation.
51. When considering applications for participation in the tender for compliance of potential suppliers with the qualification requirements and requirements of the tender documentation, the tender committee:
1) in writing and/or in the form of an electronic document, requests materials and clarifications from potential suppliers in connection with their applications in order to simplify the consideration and comparison of applications for participation in the competition;
2) in order to clarify the information contained in the applications for participation in the competition, in writing and (or) in the form of an electronic document, requests the necessary information from the relevant individuals or legal entities, state bodies.
52. It shall not be allowed to send a request and actions of the tender commission related to the addition of an application for participation in the tender with missing documents, replacement of documents submitted in the application for participation in the tender, bringing into compliance with improperly executed documents.
The competition committee shall consider the application for participation in the competition as meeting the requirements of the tender documentation, if it contains grammatical or arithmetic errors that can be corrected without affecting the essence of the submitted application.
53. In order to clarify the compliance of potential suppliers with qualification requirements in terms of their non-involvement in the bankruptcy procedure or liquidation, the tender commission shall consider information posted on the Internet resource of the authorized body that monitors the bankruptcy or liquidation procedures.
54. Based on the results of consideration of applications for participation in the competition, the competition committee within five working days from the date of opening of applications for participation in the competition shall:
1) identify potential suppliers who meet the qualification requirements and requirements of the tender documentation, shall recognize as participants in the tender;
2) apply and calculate the criteria;
3) draw up a protocol on the results of the tender in accordance with Annex 5 to these Rules.
55. The decision of the competition committee shall be made by voting through the web portal and shall be considered accepted if more members of the competition committee voted for it from the total number of members of the competition committee. In case of equality of votes, a decision shall be considered adopted, for which the chairman of the competition commission voted.
In case of disagreement with the decision of the competition committee, any member of this competition committee expresses his opinion, which shall be posted on the web portal in the form of an electronic copy of the document.
If there is no signature of any member of the tender committee, a document or information containing the reason for the absence of the signature is posted on the web portal in the relevant protocols of the tender committee by the secretary of the tender committee.
56. The tender results protocol shall contain the following information:
1) on the requests of the tender commission in accordance with paragraph 51 of these Rules;
2) on potential suppliers whose applications for participation in the tender have been rejected, with a detailed description of the reasons for their rejection, including indicating information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation;
3) on the application of criteria by the tender commission.
57. The Tender committee shall recognize the submitted security of the application for participation in the tender that does not meet the requirements of the tender documentation, in cases:
1) insufficient validity period for securing an application for participation in the competition presented in the form of an electronic bank guarantee;
2) improper registration of the application for participation in the competition, which shall be expressed in the absence of information that does not allow the tender commission to establish:
the person who issued the security of the application for participation in the competition;
the name and number of the competition, for participation in which the application for participation in the competition shall be made in the form of an electronic bank guarantee;
validity period of the application for participation in the competition, terms of its provision, presented in the form of an electronic bank guarantee and (or) the amount of the application for participation in the competition;
the person to whom the security of the application for participation in the competition have been issued;
a person in favor of whom the application for participation in the competition shall be secured;
3) introduction a security application for participation in the competition in the amount of less than one percent of the amount allocated for the competition (lot).
58. The Promoter shall return the application security to the prospective vendor within three working days of the date of one of the following events:
1) placing an autopsy report in cases of withdrawal by this potential supplier of his application for participation in the competition before the final deadline for submitting applications for participation in the competition;
2) signing a protocol on the results of the competition. The specified case shall not apply to the applicant determined by the winner of the competition;
3) signing a contract by a potential supplier and making a security for the execution of the contract.
59. The provision of the application for participation in the competition, made in the form of an electronic bank guarantee, shall not be returned by the organizer of the tender to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, shall not fulfill or improperly fulfilled, including untimely fulfilled the requirements established by the tender documentation on the introduction and (or) timing of the implementation of the contract.
The application for participation in the competition, entered through an electronic wallet, shall be blocked by a unified operator and shall not be returned to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
In these cases, the amount of security for the application for participation in the competition shall be credited to the revenue of the corresponding budget.
It shall not be allowed for a potential supplier to perform actions that lead to the emergence of the right of third parties to claim in general or in terms of money in an electronic wallet.
It shall not be allowed for a unified operator to use money in an electronic wallet, except for the cases specified in this Paragraph.
60. A unified operator within five working days from the date of receipt of the application from the customer via the web portal transfers blocked money from the e-wallet of the potential supplier to secure the application for the account indicated in the application of the customer, if the potential supplier evaded the conclusion of the contract or, having concluded the contract, has not made security for the execution of the contract.
61. At the request of a potential supplier to return money placed on his electronic wallet, a unified operator within three working days from the date of receipt of such a claim returns the specified money, in respect of which blocking or blocking has not been terminated.
62. The protocol on the results of the competition shall be signed on the web portal by all members of the competition commission and posted by the secretary of the competition commission on the day of the decision on the results of the competition, on the web portal, with automatic notification of all potential suppliers who submitted applications for participation in the competition.
63. The tender committee in the protocol of the tender results shall indicate the reason for recognizing the submitted security of the application for participation in the tender that shall not meet the requirements of the tender documentation.
64. When forming a protocol on the tender results, the tender committee shall issue points in accordance with the criteria, according to Annexes 7, 8 to the Standard tender documentation, in relation to each potential supplier who submitted an application for participation in the tender, except for cases when one application shall be submitted for participation in the tender.
The winner of the competition shall be the potential supplier who scored the most points.
If one potential supplier who submitted an application in accordance with the requirements of the tender documentation and shall meet the standards of these Rules participated in the tender, then he shall be recognized as the winner of the tender.
65. If two or more potential suppliers scored the same number of points, the applicant is recognized as the winner, who scored the most points according to the criterion "Experience in the service market over the past 5 years" according to Annex 7 to the Standard tender documentation, who scored the most points according to the criterion "Experience in the goods market over the past 5 years" in accordance with Annex 8 to the Standard tender documentation.
If the number of points on the experience of work shall be equal, the applicant shall be recognized as the winner, the application for participation of which has received earlier than applications for participation in the competition of other potential suppliers.
66. The competition shall be recognized by the organizer of the competition as invalid in cases:
1) absence of submitted applications;
2) if no potential supplier is allowed to participate in the tender;
3) the winner of the tender evaded the conclusion of the contract, if this supplier is the only participant in the tender.
67. When the competition is declared invalid, the organizer of the competition announces the re-holding of the competition in accordance with paragraph 30 of these Rules.
When the potential supplier appeals against the actions (inaction), the decision of the customer, the organizer, the tender commission to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the placement of the announcement of the repeated tender shall be suspended until the deadline for consideration of the complaint.
Footnote. Paragraph 67 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).68. If the tender winner evades the conclusion of the contract, with the participation of two or more potential suppliers in the tender, the tender commission shall decide to conclude an agreement with a potential supplier following the number of points scored for the tender winner in accordance with the criteria for choosing service providers or goods and shall send him an agreement certified by electronic digital signature within two working days via the web portal.
The potential supplier shall sign the contract with an electronic digital signature within three working days from the date of receipt of the contract.
69. In order to ensure uninterrupted activities of the customer in the organization of meals for students, the latter shall extend for the period until the entry into force of the contract with the winner of the tender, the validity of the contract with the current supplier by direct conclusion of the contract in the absence of violations by the supplier.
In case of the supplier's refusal to extend the term of the contract, the presence of violations by the supplier, the contract shall be concluded with the potential supplier who took the second, third, fourth, and so on, in order of priority, a place at the previous tender, for the period before the entry into force of the contract with the winner of the tender.
If the supplier refuses to extend the contract, there shall be violations by the supplier, refusal to conclude a contract or the absence of a potential supplier who took the second, third, fourth, and so on, in order of priority, a place in the previous contest, the organizer of the tender, the customer shall decide to involve a supplier providing catering services or the supply of goods, meeting the qualification requirements and having experience in the provision of services, the supply of goods in educational organizations for at least 2 years.
At the same time, such purchases shall be carried out in an amount not exceeding the volume of purchases of such services, goods necessary to meet the customer's needs during the tender period, but not more than two months.
In case of appeal against the results of the competition, the decision of the authorized body, the contract is extended for the period of appeal.
Footnote. Paragraph 69 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).70. The customer, the tender organizer shall post information about the service provider or goods on the Internet resource of the customer, the tender organizer within two working days.
71. If the second tender is declared invalid in accordance with Paragraph 66 of these Rules, the tender customer shall decide to attract, by direct conclusion of the contract, the supplier providing the service, the supply of food products that meet the qualification requirements and have experience in providing services, goods in educational organizations for at least 2 years.
Within two working days from the date of the decision to engage the supplier, the Organizer shall send an invitation via the web portal to the potential supplier identified by the customer in accordance with Annex 7 to the Rules.
Upon the consent of the potential supplier, the potential supplier shall within five calendar days send its confirmation of participation to the customer by means of the web portal with the attachment of supporting documents on work experience in accordance with Annexes 7, 8 to the Standard tender documentation.
Within three working days from the date of receipt of the confirmation of participation, the Customer shall send to the prospective supplier a draft contract certified by electronic digital signature through the web portal.
The draft contract shall be certified by the potential supplier by means of an electronic digital signature within three working days from the date of receipt of the draft contract.
72. The potential supplier shall not be allowed to participate in the tender, cannot be recognized as a participant of the tender, the winner of the tender, if:
1) it shall be defined as not meeting the qualification requirements on the following grounds:
failure to submit, as well as submission of incomplete information on qualification for tender documentation;
non-compliance of a potential supplier with qualification requirements in terms of possession of material and labor resources sufficient to fulfill obligations under the contract specified in the tender documentation;
the fact of submission of false information on qualification requirements has been established;
2) if his application for participation in the tender is determined not meeting the requirements of the tender documentation on the following grounds:
failure to submit the terms of reference;
submission by a potential supplier of a technical assignment that shall not meet the requirements of the tender documentation, as well as failure to submit documents required by the technical assignment;
failure to provide the application for participation in the tender in accordance with the requirements of the tender documentation and these Rules;
established the fact of submission of inaccurate information on the documents submitted in the tender application.
73. Appeals against actions (inaction), decisions of the customer, organizer, commissions shall be carried out by the supplier if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier.
When appealing to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the term of conclusion of the contract is suspended until the end of the term of consideration of the complaint. The appeal of persons who has not taken part in the competition does not suspend the term of conclusion of the contract.
74. The complaint shall be considered within the framework of electronic state audit, office control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.
75. No later than one working day from the date of receipt of the complaint, the authorized body shall send a notification to the customer about the suspension of the conclusion of the contract.
76. A complaint about actions (inaction), decisions of the customer, organizer of the tender, commissions to the authorized body shall contain the name, location of the legal entity, actions (inaction), decisions of which shall be appealed, name, location of the person who filed the complaint, information about the tender, appealed actions (inaction), decisions of the customer, organizer of the tender, commissions. Documents supporting the arguments of the person who filed the complaint may be attached to the complaint.
The complaint shall be signed by the person submitting it or his representative. A power of attorney or other document certifying the authority of the representative shall be attached to the complaint filed by the representative.
77. The complaint shall be returned to the person submitting it without consideration within two working days from the date of receipt if:
1) the complaint shall not comply with the standards established by paragraph 76 of these Rules;
2) the complaint shall not signed or signed by a person who shall not have the authority to sign it.
78. The protocol on the tender results shall be the basis for concluding an agreement on the provision of services or the supply of goods. The contract for the purchase of services, goods (hereinafter referred to as the contract) shall be concluded between the customer and the supplier.
79. Within three working days after the expiration of the appeal against the protocol on the tender results, the Customer shall send to the potential supplier a signed contract on the provision of services or the supply of goods drawn up in accordance with the Standard contract on the provision of services in accordance with Annex 9 and the Standard contract on the supply of goods in accordance with Annex 10 to the Standard tender documentation.
80. The contract shall be concluded according to the approved individual financing plan for obligations for the corresponding fiscal year within the allocated funds and, in the absence of violations by the supplier, shall be extended by direct conclusion of the contract twice for subsequent fiscal years.
Extension of the contract validity period shall be carried out according to the plan for the purchase of services and (or) goods for the corresponding financial year within 3 working days from the date of expiration of the contract.
If the number of pupils and students provided with food from the state budget amendments, changes shall be made to the contract.
Introduction of amendments and (or) additions to the plan for the purchase of services and (or) goods in terms of price introduction of amendments in accordance with the inflation rate for the current period and within the average price for services (meals for the 1st student) and (or) goods on the public procurement portal.
When introduction of amendments and/or additions are introduced to the plan for the purchase of services and/or goods, amendments and/or additions are introduced to the current contract for the current fiscal year without competitive procedures.
Footnote. Paragraph 80 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).81. Within three working days from the date of receipt of the contract, the Supplier shall sign and return to the tender organizer a signed contract on the provision of services or the supply of goods.
82. The Supplier shall, within ten working days from the date of conclusion of the contract, provide security for the execution of the contract.
In this case, the customer within two working days from the date of expiration of the term for making security for the execution of the contract, sends a notification to the supplier of his intention to terminate the contract. If the supplier has not made any security for the execution of the contract within three working days from the date of receipt of the notice of intention to terminate the contract, the customer shall send a notice of termination of the contract.
83. The potential supplier, recognized as the winner in the tender for choosing a service provider, within fifteen calendar days enters into a lease agreement for the premises and equipment of the school canteen in accordance with the legislation of the Republic of Kazakhstan on state property.
84. Within three working days from the date of receipt of the lease agreement, the service provider shall send an application for obtaining permits for the activities of the facility to the territorial authorities in the field of sanitary and epidemiological well-being of the population and, before providing catering services for students, shall receive a sanitary and epidemiological conclusion on the compliance of the facility with regulatory legal acts in the field of sanitary and epidemiological well-being of the population in the form according to Annex 290 to the Order of the Minister of Health of the Republic of Kazakhstan dated August 20, 2021 No. ҚR DSM-84 "On approval of the forms of accounting and reporting documentation in the field of sanitary and epidemiological well-being of the population" (registered by the Register of State Registration of Regulatory Legal Acts under No. 24082)
Footnote. Paragraph 84 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).85. All disputes arising during the performance of contractual obligations shall be resolved in accordance with the civil legislation of the Republic of Kazakhstan.
86. In cases where the supplier selection procedures carried out within the framework of the preliminary annual acquisition plan are completed before the approval of the relevant budget, the contract shall be sent to the winner within five working days from the date of approval of the relevant budget.
87. A potential supplier that has not signed the contract within the specified period shall be considered to have evaded the conclusion of the contract.
88. In the event that a potential supplier recognized as the winner and a potential second-place supplier have not submitted a signed contract to the customer within the time frame established by the Rules and (or) has not made security for the execution of the contract, then the tender organizer in accordance with the Rules for the formation of a list of unscrupulous suppliers (potential suppliers) of services, food products for students in state organizations of secondary education, extracurricular organizations of additional education, as well as goods related to the provision of nutrition for children, those brought up and studying in state preschool organizations, educational organizations for orphans and children, left without parental care, organizations of technical and professional, post-secondary education, approved by the order of the Minister of Education and Science of the Republic of Kazakhstan dated October 31, 2018 No. 599 (hereinafter referred to as the Rules for the formation of a List of unscrupulous suppliers (Potential suppliers) shall not later than thirty calendar days apply to the court to declare such supplier unscrupulous.
89. If a potential supplier identified by the winner who evaded the conclusion of the contract is recognized, the organizer holds the security for the application for participation in the competition.
90. If the applicant determined by the winner has not submitted the signed contract to the customer, has not made security for the execution of the contract within ten working days from the date of receipt of the contract, the customer shall, after three working days from the date of receipt of the supplier's notice of termination of the contract, submit the contract to the applicant who took the second place. The contract shall be signed by the potential second-place supplier within three working days from the date of submission of the contract.
If the potential second-place supplier has not signed the contract signed by the customer within the specified time, the customer shall make a second tender.
91. An agreement cannot be concluded when a decision is made by the financial authorities to cancel the decisions of the organizer and the competition commission adopted in violation of these Rules, or to cancel the competition before the conclusion of the agreement, including during the period of appeal by the organizer of such a decision of the authorized body.
92. If the authorized body cancels the decisions of the organizer and the competition commission or the competition (lot), the competition organizer shall post it on the web portal within 3 working days from the date of receipt of the decision of the authorized body. Within 3 working days from the date of placement of the decision of the authorized body, the organizer of the competition reviews the results of the competition or posts an announcement of the competition on the web portal.
93. The amount of security for the execution of the contract shall be established by the organizer of the tender in the amount of three percent of the total amount of the contract.
94. The supplier can choose one of the following types of contract enforcement:
1) a guarantee cash contribution, which shall be made to the bank account of the customer or to the account provided for by the budget legislation of the Republic of Kazakhstan;
2) bank guarantee.
The Customer shall return to the supplier the security of the contract performance within five working days from the date of the Supplier's full and proper performance of its obligations under the contract.
95. Documents on contract performance (act of goods acceptance, act of services rendered, invoice) shall be executed in electronic form.
The agreement shall be deemed fulfilled provided that the Customer and the Supplier have fully fulfilled their obligations on the agreement.
The agreement for the delivery of goods shall be executed in the following sequence:
1) delivery of the goods to the destination of the goods with the provision of the original invoice;
2) execution by the supplier of an act of acceptance and transfer of goods through a web portal with the attachment of an electronic copy of the invoice, confirming the fact of delivery of the goods;
3) acceptance of goods by the customer;
4) execution of an electronic invoice issued through the electronic invoice information system, in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system and its form, approved by order of the First Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated April 22, 2019 No. 370, registered in the Register of State Registration of Regulatory Legal Acts under No. 18583 (hereinafter referred to as the Electronic invoice statement Rules in the Electronic invoice information system);
5) payment by the customer for the delivered goods.
Performance of the contract during the provision of services shall be carried out in the following sequence:
1) execution of the certificate of services rendered through the web portal;
2) delivery and acceptance of the services rendered;
3) execution of an electronic invoice issued through the electronic invoice information system, in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system;
4) payment by the customer for the services rendered.
96. The supplier shall send to the Customer, by means of the web portal, the certificate of acceptance and transfer of goods approved by electronic digital signature in accordance with Annex 8, the certificate of services rendered in accordance with Annex 9 to these Rules with filling in of information on goods and services.
97. The Customer shall, no later than three working days from the date of receipt on the web portal of the notification on the supplier's execution of the certificate of acceptance and transfer of goods, the provision of services, fill out the information under the contract in the certificate and sign it with an electronic digital signature or refuse to accept the goods and services with the indication of reasoned justifications.
Paragraph 2. Purchase of catering services for students in public institutions of secondary education in accordance with the Law on Public-private partnership
98. The purchase of catering services for students in accordance with the Law on public-private partnership shall be carried out on the basis of an application in accordance with Annex 6 to these Rules.
In case of rejection of the application, the tender shall be held in accordance with the Catering procedure provided for in paragraph 1 of Chapter 2 of these Rules.
99. The definition of a private partner shall be carried out in the ways established by the public-private partnership act.
100. Determination of potential private partner compliance with qualification requirements shall be carried out in accordance with Article 34 of the Law on public-private partnership.
101. In order to provide catering services for students in accordance with the requirement for the period before the conclusion of the public-private partnership agreement, the education organization or the education management body, in case the education organization does not independently keep accounting records, shall decide to involve a supplier providing catering services in accordance with paragraph 69 of these Rules.
102. Provision of conditions for catering for students in secondary education organizations shall be carried out in accordance with the conditions for catering for students in secondary education organizations provided for in paragraph 3 of chapter 2 of these Rules.
Paragraph 3. Provision of conditions for catering of students in state organizations of secondary education
103. When organizing meals, appropriate food conditions are provided in accordance with regulatory legal acts in the field of sanitary and epidemiological well-being of the population.
104. The opening hours of the dining room and (or) buffet shall be completed no later than an hour before the end of the educational process.
105. Education management bodies and organizations of secondary education create a heading "School nutrition" on the Internet resource, shall provide systematic placement of information on the organization of meals for students (perspective, daily menu with the application of photos of dishes, work plan, acts of commissions for monitoring the quality of nutrition, interdepartmental expert groups) under the heading "School nutrition," as well as on other electronic educational resources and systems used by educational bodies and organizations.
106. The head of the organization of secondary education, in accordance with the promising menu approved by the education management body, daily shall approve the menu indicating the yield of dishes for the coming day and places it in the dining room, and in a place accessible to parents or legal representatives of students.
107. The service provider shall provide the head of the secondary education organization with information on the list of food products used for students on a monthly basis with documents certifying the quality and safety of the products.
107-1. The sale of dishes, buffet products, drinks, bottled water shall be carried out in accordance with the terms of reference for the tender documentation.
Footnote. The Rules as added by paragraph 107-1 in accordance with the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 ((shall enter into force upon expiry of ten calendar days after the day of its first official publication).108. When arranging meals, the students take into account the canteen attendance at schools with the function of recording and transmitting data from cash registers to an information platform integrated with the educational system or to the educational system.
On the platform (system), a daily menu shall be placed indicating prices, photos of dishes, functionality is provided for automatic informing of parents about the nutrition of students in the school canteen, assessment by students and their parents of the quality of services, compliance of the menu.
Footnote. Paragraph 108 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).108-1. Educational organizations shall create the necessary conditions for students to eat food brought with them.
Footnote. Chapter 2 as added by paragraph 108-1 in accordance with the order of the Minister of Education of the Republic of Kazakhstan dated 07.12.2022 No. 490 ((shall enter into force upon expiry of ten calendar days after the day of its first official publication).109. In the organization of secondary education, a commission shall be created to monitor the quality of nutrition with the participation of representatives of the Board of Trustees, the parent committee, the school administration, the medical officer of the medical center of the organization of education. The chairman of the commission shall be the head of the organization of secondary education.
110. The commission's tasks shall include monitoring the quality of incoming food products, the availability of CT-KZ certificates for food products of domestic producers, the quality of prepared dishes, the availability and serviceability of technological equipment, compliance with the terms and conditions of storage, delivery of food, ready-made dishes, compliance of the children's actual diet with the daily, promising menu, sanitary condition of the canteen.
111. The results of the commission's work shall be documented monthly in the form of information with their subsequent consideration at the pedagogical council of the organization of education and posting on the Internet resource of the organization of secondary education.
112. Interdepartmental expert groups for monitoring the quality of nutrition, operating under the educational authorities, systematically shall monitor the activities of commissions for monitoring the quality of nutrition and shall take measures on affective organization of nutrition of schoolchildren.
113. The functions of the food quality monitoring commission shall be also carried out through the involvement of individuals engaged in business activities, or legal entities. If this decision is made, the organization of education, the service provider provide access to individuals engaged in business activities, or legal entities to carry out the above functions.
Chapter 3. Procedure for purchasing goods related to the provision of nutrition for children brought up and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations of technical and professional, post-secondary education
Paragraph 1 "Procedure for the purchase of goods related to the provision of nutrition for children raised and studying in state preschool organizations"
114. The purchase of goods related to the provision of nutrition for children raised and studying in preschool organizations on a competitive basis provides for the following sequential actions:
1) development and approval of a plan for the purchase of goods, if the organizer of the tender is not the customer himself - the customer sends through the web portal points of the annual plan for the purchase of goods (preliminary annual plan for the purchase of goods) to fulfill the procedures for organizing and conducting the tender;
2) formation and approval of the composition of the competition committee, in the event of a competition by the organizer, the inclusion of customer employees in the competition commission is not mandatory;
3) approval of tender documentation;
4) posting on the web portal an announcement on the implementation of the supplier selection procedure, as well as the text of the tender documentation;
5) submission by potential suppliers of applications for participation in the competition in the form of an electronic document and their automatic registration on the web portal;
6) automatic opening of applications and posting of the corresponding autopsy protocol on the web portal;
7) consideration by the tender committee through the web portal of applications for participation in the tender of potential suppliers for their compliance with the qualification requirements and the requirements of the tender documentation,
8) identify potential suppliers that meet the qualification requirements and requirements of the tender documentation, and recognize them as participants in the tender,
9) determining the winner of the tender, as well as the potential supplier who took the second, third and so on place, and posting a protocol on the procurement results on the web portal;
10) conclusion of the contract of the customer, the organizer with the winner on the basis of the protocol on the results of the competition.
115. In the tender documentation or in the posted information, it shall not be allowed to establish any requirements for potential suppliers that are not quantified and (or) not administrated, or to indicate the characteristics that determine the ownership of purchased goods to individual potential suppliers.
116. The purchase of goods shall be carried out by the tender organizer on the basis of the approved plan for the purchase of goods by the organizer or customer.
117. On the basis of the relevant budget, the customer or, if the customer and the organizer of the tender act in one person, the organizer of the tender shall, within ten working days from the date of approval of the relevant budget, develop and approve a plan for the purchase of goods for the fiscal year based on the need for goods in the form in accordance with Annex 1 to these Rules.
In preschool organizations, in which 100 percent of food costs shall be charged to parents or legal representatives, the purchase plan for goods shall be approved in the December month of the financial year.
118. The Customer or, if the Customer and the Tender organizer act in the same person, the Tender organizer shall post it on the web portal within five working days from the date of approval of the procurement plan.
The Customer shall provide the organizer with information and documents for the organization and holding of the tender.
119. Amendments and/or additions to the procurement plan shall be made in case of amendments and/or additions to the customer's budget or, if the customer and the tender organizer act in one person, the tender organizer.
The Customer or, if the Customer and the Tender organizer act in one person, the Tender organizer shall post the amendments and/or additions introduced on the web portal within five working days from the date of the decision to introduce amendments and/or additions to the procurement plan.
120. To carry out the procedures for organizing and conducting the competition, the organizer shall approve the competition committee and shall determine the secretary of the competition committee.
121. The decision to create a competition committee and determine the secretary of the competition committee shall be made by the first head of the organizer or the person acting as him.
122. The competition committee shall be created by order of the organizer of the competition and consist of an odd number of commission members, but at least five people.
Members of the competition committee shall consider applications and take part in the voting without replacing the absent members of the commission.
123. The organizer of the competition shall include, by agreement, representatives of local executive bodies registered on the web portal in the competition committee.
Footnote. Paragraph 123 - as amended by order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).124. The Chairman of the Tender committee shall determine an official not lower than the deputy first head of the organizer or a person acting as the first head or his deputy.
In the absence of the chairman of the competition committee, the candidacy of the chairman of the competition committee shall be re-approved. At the same time, the chairman of the tender commission shall determine an official not lower than the deputy first head, and in case of his absence - the first head.
125. The Chairman of the competition committee shall manage the activities of the competition committee and shall perform the functions stipulated by these Rules.
126. The tender commission shall be valid from the date of entry into force of the decision on its creation and shall cease its activities on the day of conclusion of the contract.
127. A meeting of the competition committee shall be valid if at least two-thirds of the members of the competition committee shall be present at it, without the right to replace. In the absence of one of the members of the competition committee, the reason for its absence shall be indicated in the minutes of the meeting of the competition committee.
128. The organizational activity of the tender commission shall be provided by the secretary of the tender commission. The Secretary of the competition committee shall not be a member of the Competition committee and shall not participate in voting when making decisions by the Competition committee.
The Secretary of the competition committee shall be determined from among the officials of the body or organization that shall be the organizer of the competition, responsible for organizing and conducting the competition.
129. Secretary of the competition committee shall:
1) generate and post tender documentation on the web portal;
2) post on the web portal an announcement of the competition, a protocol for opening applications for participation in the competition, a protocol on the results of the competition, as well as other documents, if any;
3) perform the functions stipulated by these Rules.
130. The Tender organizer shall develop and approve the tender documentation in accordance with the standard tender documentation in accordance with Annex 2 to the Rules, including:
1) the list of purchased goods in the form according to Annex 2 to the standard tender documentation;
2) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the standard tender documentation;
3) application for participation in the competition for legal entities and individuals according to the forms according to Annexes 4, 5 to the standard tender documentation;
4) information on qualification of a potential supplier according to the form according to Annex 6 to the standard tender documentation;
5) criteria for selecting a supplier of goods according to Annex 8 to the Standard Tender documentation;
6) Standard contract for the supply of goods in accordance with Annex 10 to the standard tender documentation.
131. When purchasing goods, the organizer decides to hold a competition with the breakdown of goods into lots and (or) combining individual goods into one lot in the following groups: dairy products, meat products, vegetables and greens, fruits and juices, fish products, flour products and cereals (legumes), other goods.
Consideration of applications for participation in the tender, as well as determination of the winner of the tender in case of breakdown into lots shall be carried out for each lot provided for in the tender documentation.
132. Potential suppliers shall participate in the competition, determined based on the results of consideration of applications for participation in the competition in accordance with the qualification requirements and the requirements of the tender documentation.
133. The applicant shall meet the following qualification requirements to participate in the tender:
1) the absence of tax debt exceeding the sixfold size of the monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget, determined automatically by the web portal on the basis of information from state revenue bodies no earlier than the date of placement of the announcement of the competition;
2) not subject to bankruptcy or liquidation proceedings;
3) availability of material and labor resources.
134. Excluded by the order of the Minister of Education of the Republic of Kazakhstan dated 07.12.2022 No. 490 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).135. After approval of the tender documentation, the tender organizer shall form the tender documentation on the web portal in Kazakh and Russian.
136. The tender organizer shall, no later than three working days from the date of approval of the tender documentation, post the text of the tender announcement in accordance with Annex 3 to these Rules, as well as the tender documentation, on the web portal on weekdays from 9 a.m. to 6 p.m.
The start of acceptance of applications shall be carried out after three working days from the date of placement of the announcement.
The deadline for the final date of submission of applications by potential suppliers for participation in the tender shall be at least fifteen calendar days from the date of placement of the text of the tender announcement and the text of the approved tender documentation.
Footnote. Paragraph 136 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).137. Introduction of amendments to the tender documentation shall be made by the tender organizer within 10 calendar days from the date of placement of the text of the announcement of the tender.
The Organizer shall, no later than one working day from the date of the decision to introduce amendments and (or) additions to the tender documentation,shall send the text of the amendments and (or) additions introduced through the web portal to the suppliers who have received the tender documentation on the web portal.
The final deadline for submitting applications for participation in the competition shall be extended for a period of five to ten calendar days.
138. In the event of a second tender, the tender organizer shall, at least ten calendar days before the final date of submission of applications for participation in the tender, post on the web portal the text of the announcement of the second tender, provided that the tender documentation of the failed tender shall be unchanged, except for the term of the contract due to the second tender.
139. From the date of placement of the announcement of the competition, everyone shall be given the opportunity to receive tender documentation on the web portal.
140. It shall not be allowed to provide tender documentation until the moment of notification of the tender on the web portal.
141. A potential supplier with legal capacity, which shall be solvent and has material and labor resources, shall claim to participate in the competition.
142. The application for participation in the tender shall be submitted in the form of an electronic document through the web portal before the end of the final deadline for its submission specified in the tender documentation and shall be a form of expressing the consent of the potential supplier with the conditions established by the tender documentation, as well as the consent of the potential supplier to receive information about it confirming compliance with the requirements of the qualification and tender documentation for the choice of the supplier provided for by these Rules.
143. The application for participation in the tender, submitted to the organizer by a potential supplier who has expressed a desire to participate in the tender, must contain the documents listed in the tender documentation.
144. Applications submitted by potential suppliers shall be automatically registered on the web portal.
145. An application shall be deemed accepted when the web portal automatically shall send a notice to the applicant.
146. The potential supplier shall submit only one application for participation in the competition, in case of breakdown by lots - in the lot.
147. The applicant shall not be entitled to participate in the tender and the applicant's application shall be automatically rejected by the web portal in the following cases:
1) a potential supplier has previously submitted an application for participation in this tender;
2) the application for participation in the competition has been received on the web portal after the final deadline for accepting applications for participation in this competition has expired;
3) close relatives, spouse or property of the first managers of this potential supplier and (or) an authorized representative of this potential supplier participate in the decision to select a supplier or are a representative of the customer or the organizer of the competition in held tenders;
4) the head of a potential supplier applying for participation in the tender shall be associated with the management, establishment, participation in the authorized capital of legal entities in the register of unscrupulous participants in public procurement, the list of unscrupulous suppliers (potential suppliers);
5) the head of a potential supplier applying for participation in the tender shall be an individual engaged in entrepreneurial activities, included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
6) a potential supplier who shall be an individual carrying out business activities, applying for participation in the tender, shall be the head of a potential supplier who is included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
7) a potential supplier shall consist of a register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
8) the potential supplier has unfulfilled obligations under the executive documents and is included by the authorized body implementing the state policy and state regulation of activities in the field of ensuring the execution of executive documents in the Unified register of debtors.
9) the presence of tax arrears and arrears on mandatory pension contributions, mandatory professional pension contributions and social contributions in the amount exceeding the six-time monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget;
10) the potential supplier shall not be a resident of the Republic of Kazakhstan;
11) the property of a potential supplier whose book value shall exceed ten percent of the value of the relevant fixed assets has been seized;
12) potential supplier, and/or their manager shall be included in the list of organizations and persons related to the financing of terrorism and extremism, in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
13) be subject to bankruptcy or liquidation proceedings.
148. The validity period of the application for participation in the tender submitted by the potential supplier for participation in the tender shall be at least sixty calendar days from the date of opening of applications for participation in the tender and must correspond to the period established by the tender documentation.
149. Any amendment or withdrawal of a application by a potential supplier shall be made at any time before the final deadline for submission of applications.
Withdrawal of the application for participation in the competition after the final deadline for their submission shall not be allowed.
150. The presentation of individual documents required in accordance with the tender documentation by a potential supplier shall be carried out through the receipt of documents by contacting state information systems and (or) state databases, or by filling out an electronic form using a web portal.
151. The applicant shall post a application on the web portal containing the following documents before the final deadline for their submission:
1) application for participation in the tender, drawn up in Kazakh and Russian, of a potential supplier in accordance with Annexes 4, 5 to the Standard tender documentation, indicating the validity period;
2) securing an application for participation in the competition in the form of money in the electronic wallet of a potential supplier or an electronic bank guarantee in the amount of one percent of the amount allocated for the purchase of goods;
3) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the Standard tender documentation.
4) information on the qualification of a potential supplier in the form according to Annex 6 to the Standard tender documentation.
152. The amount of security for the application for participation in the competition, calculated in tyins, shall be rounded. In this case, the amount of less than fifty tiyn is rounded to zero, and the amount equal to fifty tiyn and higher shall be rounded to one KZT.
153. The application for participation in the tender shall be made separately for each lot or for the total amount of the tender lots in which the potential supplier takes part.
If a potential supplier makes an application for participation in the tender in the form of a guarantee cash contribution, which shall be made to the organizer's bank account or to the account provided for by the budget legislation of the Republic of Kazakhstan for organizers who shall be state bodies and state institutions, then it is submitted in the form of an electronic copy of the payment document confirming the guarantee cash contribution. In this case, a guarantee cash contribution shall be made to the bank account specified in the tender documentation until the final deadline for submitting applications for participation in the tender.
154. Opening of applications for participation in the competition shall be performed automatically by the web portal within five minutes from the expiration of the final deadline for submission of applications for participation in the competition.
155. If only one application for participation in the tender (lot) is submitted for the tender (lot), then such application is also opened and considered in accordance with these Rules.
156. The protocol for opening applications for participation in the competition shall be posted automatically by the web portal at the time of opening them in accordance with Annex 4 to these Rules. In this case, the web portal shall send automatic notifications to members of the competition commission, potential suppliers who have submitted applications for participation in the competition.
157. Before the start of the competition, the members of the competition commission, the secretary of the competition commission shall be aware of the approved tender documentation and its Annexes.
158. The Tender committee shall review applications through the web portal in order to identify potential suppliers that shall meet the qualification requirements and the requirements of the tender documentation.
159. When considering applications for participation in the tender for compliance of potential suppliers with the qualification requirements and requirements of the tender documentation, the tender committee:
1) in writing and/or in the form of an electronic document, requests materials and clarifications from potential suppliers in connection with their applications in order to simplify the consideration and comparison of applications for participation in the competition;
2) in order to clarify the information contained in the applications for participation in the competition, in writing and (or) in the form of an electronic document, requests the necessary information from the relevant individuals or legal entities, state bodies.
160. It shall not be allowed to send a request and actions of the tender commission related to the addition of an application for participation in the tender with missing documents, replacement of documents submitted in the application for participation in the tender, bringing into compliance with improperly executed documents.
The competition committee shall consider the application for participation in the competition as meeting the requirements of the tender documentation, if it contains grammatical or arithmetic errors that can be corrected without affecting the essence of the submitted application.
161. In order to clarify the compliance of potential suppliers with qualification requirements in terms of their non-involvement in the bankruptcy procedure or liquidation, the tender commission shall consider information posted on the Internet resource of the authorized body that shall monitor the bankruptcy or liquidation procedures.
162. Based on the results of consideration of applications for participation in the competition, the competition committee within five working days from the date of opening of applications for participation in the competition:
1) identify potential suppliers who shall meet the qualification requirements and requirements of the tender documentation, recognize as participants in the tender;
2) applies and calculates the criteria;
3) draw up a protocol on the results of the tender in accordance with Annex 5 to these Rules.
163. The decision of the competition committee shall be made by voting through the web portal and shall be considered accepted if more members of the competition committee voted for it from the total number of members of the competition committee. In case of equality of votes, a decision is considered adopted, for which the chairman of the competition commission voted.
In case of disagreement with the decision of the competition committee, any member of this competition committee shall express his opinion, which shall be posted on the web portal in the form of an electronic copy of the document.
If there is no signature of any member of the tender committee, a document or information containing the reason for the absence of the signature shall be posted on the web portal in the relevant protocols of the tender committee by the secretary of the tender committee.
164. The tender results protocol shall contain the following information:
1) on the requests of the tender commission in accordance with paragraph 159 of these Rules;
2) on potential suppliers whose applications for participation in the tender have been rejected, with a detailed description of the reasons for their rejection, including indicating information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation;
3) on the application of criteria by the tender commission.
165. The Tender committee shall recognize the submitted security of the application for participation in the tender that shall not meet the requirements of the tender documentation, in cases:
1) insufficient validity period for securing an application for participation in the competition presented in the form of an electronic bank guarantee;
2) improper registration of the application for participation in the competition, which shall be expressed in the absence of information that does not allow the tender commission to establish:
the person who issued the security of the application for participation in the competition;
the name and number of the competition, for participation in which the application for participation in the competition shall be made in the form of an electronic bank guarantee;
validity period of the application for participation in the competition, terms of its provision, presented in the form of an electronic bank guarantee and (or) the amount of the application for participation in the competition;
the person to whom the security of the application for participation in the competition has been issued;
a person in favor of whom the application for participation in the competition shall be secured;
3) making a security application for participation in the competition in the amount of less than one percent of the amount allocated for the competition (lot).
166. The Promoter shall return the application security to the prospective vendor within three working days of the date of one of the following events:
1) placing an autopsy report in cases of withdrawal by this potential supplier of his application for participation in the competition before the final deadline for submitting applications for participation in the competition;
2) signing a protocol on the results of the competition. The specified case shall not apply to the applicant determined by the winner of the competition;
3) signing a contract by a potential supplier and making a security for the execution of the contract.
167. Securing an application for participation in the competition, made in the form of an electronic bank guarantee, shall not be returned by the tender organizer to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
The application for participation in the competition, entered through an electronic wallet, shall be blocked by a unified operator and shall not be returned to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
In these cases, the amount of security for the application for participation in the competition shall be credited to the revenue of the corresponding budget.
It shall not be allowed for a potential supplier to perform actions that lead to the emergence of the right of third parties to claim in general or in terms of money in an electronic wallet.
It shall not be allowed for a unified operator to use money in an electronic wallet, except for the cases specified in this Paragraph.
168. A unified operator within five working days from the date of receipt of the application from the customer via the web portal transfers blocked money from the e-wallet of the potential supplier to secure the application for the account indicated in the application of the customer, if the potential supplier evaded the conclusion of the contract or, having concluded the contract, has not be made security for the execution of the contract.
169. At the request of a potential supplier to return money placed on his electronic wallet, a unified operator within three working days from the date of receipt of such a claim shall return the specified money, in respect of which blocking or blocking has not been terminated.
170. The protocol on the results of the competition shall be signed on the web portal by all members of the competition commission and posted by the secretary of the competition commission on the day of the decision on the results of the competition, on the web portal, with automatic notification of all potential suppliers who submitted applications for participation in the competition.
171. The tender committee in the protocol of the tender results shall be indicated the reason for recognizing the submitted security of the application for participation in the tender that does not meet the requirements of the tender documentation.
172. When forming a protocol on the tender results, the tender committee shall issue points in accordance with the criteria, according to Annex 8 to the Standard tender documentation, in relation to each potential supplier who submitted an application for participation in the tender, except for cases when one application is submitted for participation in the tender.
The winner of the competition shall be the potential supplier who scored the most points.
If one potential supplier who submitted an application in accordance with the requirements of the tender documentation and shall meet the standards of these Rules participated in the tender, then he shall be recognized as the winner of the tender.
173. If two or more potential suppliers scored the same number of points, the applicant who scored the most points according to the criterion "experience in the goods market over the past 5 years" according to Annex 8 to the Standard tender documentation shall be recognized as the winner.
If the number of points on the experience of work is equal, the applicant is recognized as the winner, the application for participation of which has been received earlier than applications for participation in the competition of other potential suppliers.
174. The competition shall be recognized by the organizer of the competition as invalid in cases:
1) absence of submitted applications;
2) if no potential supplier is allowed to participate in the tender;
3) the winner of the tender evaded the conclusion of the contract, if this supplier is the only participant in the tender.
175. When the competition is recognized invalid, the organizer of the competition announces the re-holding of the competition in accordance with paragraph 30 of these Rules.
When the potential supplier appeals against the actions (inaction), the decision of the customer, the organizer, the tender commission to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the placement of the announcement of the repeated tender is suspended until the deadline for consideration of the complaint.
Footnote. Paragraph 175 - in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).176. If the tender winner evades the conclusion of the contract, with the participation of two or more potential suppliers in the tender, the tender commission decides to conclude an agreement with a potential supplier following the number of points scored for the tender winner in accordance with the criteria for choosing suppliers of goods and within two working days sends him an agreement certified by electronic digital signature through the web portal.
The potential supplier shall sign the contract with an electronic digital signature within threeworking days from the date of receipt of the contract.
177. In order to ensure uninterrupted activities of the customer to organize meals for pupils and students, the latter extends for the period until the entry into force of the contract with the winner of the tender, the validity of the contract with the current supplier by direct conclusion of the contract in the absence of violations by the supplier.
In case of the supplier's refusal to extend the term of the contract, the presence of violations by the supplier, the contract shall be concluded with the potential supplier who took the second, third, fourth, and so on, in order of priority, a place at the previous tender, for the period before the entry into force of the contract with the winner of the tender.
In case of the supplier's refusal to extend the contract, the presence of violations on the part of the supplier, refusal to conclude a contract or the absence of a potential supplier who took the second, third, fourth, and so on, in order of priority, a place in the previous contest, the tender organizer, the customer decides to involve the supplier supplying the goods, meeting qualification requirements and having experience in the supply of goods in educational organizations for at least 2 years.
At the same time, such purchases shall be carried out in an amount not exceeding the volume of purchases of such goods necessary to meet the customer's needs during the tender period, but not more than two months.
In case of appeal against the results of the competition, the decision of the authorized body, the contract shall be extended for the period of appeal.
178. The customer, the organizer of the tender, within two working days, places information about the supplier of goods on the Internet resource of the customer, the organizer of the tender.
179. If the second tender is declared invalid in accordance with Paragraph 174 of these Rules, the tender customer shall decide to attract, by direct conclusion of the contract, a supplier supplying food products that meets the qualification requirements and has at least 2 years experience in the supply of goods in the education organization.
Within two working days from the date of the decision to engage the supplier, the Organizer shall send an invitation via the web portal to the potential supplier identified by the customer in accordance with Annex 7 to the Rules.
If a potential supplier agrees, the potential supplier shall send its confirmation of participation to the customer by means of the web portal within five calendar days with the attachment of supporting documents on work experience in accordance with Annex 8 to the Standard tender documentation.
Within three working days from the date of receipt of the confirmation of participation, the Customer shall send to the prospective supplier a draft contract certified by electronic digital signature through the web portal.
The draft contract shall be certified by the potential supplier by means of an electronic digital signature within three working days from the date of receipt of the draft contract.
180. The potential supplier shall not be allowed to participate in the tender, cannot be recognized as a participant of the tender, the winner of the tender, if:
1) it shall be defined as not meeting the qualification requirements on the following grounds:
failure to submit, as well as submission of incomplete information on qualification for tender documentation;
non-compliance of a potential supplier with qualification requirements in terms of possession of material and labor resources sufficient to fulfill obligations under the contract specified in the tender documentation;
the fact of submission of false information on qualification requirements has been established;
2) if his application for participation in the tender is determined not meeting the requirements of the tender documentation on the following grounds:
failure to submit the terms of reference;
submission by a potential supplier of a technical assignment that does not meet the requirements of the tender documentation, as well as failure to submit documents required by the technical assignment;
failure to provide the application for participation in the tender in accordance with the requirements of the tender documentation and these Rules;
established the fact of submission of inaccurate information on the documents submitted in the tender application.
181. Appeals against actions (inaction), decisions of the customer, organizer, commissions shall be carried out by the supplier if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier.
When appealing to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the term of conclusion of the contract is suspended until the end of the term of consideration of the complaint. The appeal of persons who has not taken part in the competition does not suspend the term of conclusion of the contract.
182. The complaint shall be considered within the framework of electronic state audit, office control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.
183. No later than one working day from the date of receipt of the complaint, the authorized body shall send a notification to the customer about the suspension of the conclusion of the contract.
184. A complaint about actions (inaction), decisions of the customer, organizer of the tender, commissions to the authorized body shall contain the name, location of the legal entity, actions (inaction), decisions of which are appealed, name, location of the person who filed the complaint, information about the tender, appealed actions (inaction), decisions of the customer, organizer of the tender, commissions. Documents supporting the arguments of the person who filed the complaint may be attached to the complaint.
The complaint shall be signed by the person submitting it or his representative. A power of attorney or other document certifying the authority of the representative shall be attached to the complaint filed by the representative.
185. The complaint shall be returned to the person submitting it without consideration within two business days from the date of receipt if:
1) the complaint does not comply with the standards established by Paragraph 184 of these Rules;
2) the complaint shall not be signed or signed by a person who does not have the authority to sign it.
186. The protocol on the results of the tender shall be the basis for concluding an agreement on the supply of goods. The contract for the supply of goods (hereinafter referred to as the contract) shall be concluded between the customer and the supplier.
187. Within three working days after the expiration of the appeal against the protocol on the results of the tender, the customer shall send to the potential supplier a signed contract for the supply of goods drawn up in accordance with the Standard Contract for the supply of goods in accordance with Annex 10 to the Standard tender documentation.
188. The contract shall be concluded according to the approved individual financing plan for obligations for the corresponding fiscal year within the allocated funds and, in the absence of violations by the supplier, shall be extended by direct conclusion of the contract twice for subsequent fiscal years.
Extension of the contract validity period shall be carried out in accordance with the purchase plan for goods within 3 workings days from the date of expiration of the contract.
When changing the number of pupils and students provided with food, amendments shall be made to the contract.
Amendments and/or additions to the purchase plan of goods in terms of price amendmnets shall be made in accordance with the inflation rate for the current period and within the average price of goods on the public procurement portal.
When amendments and/or additions are made to the purchase plan, amendments and/or additions are made to the current contract for the current fiscal year without conducting competitive procedures.
Footnote. Paragraph 188 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).189. Within three working days from the date of receipt of the contract, the Supplier shall sign and return to the tender organizer the signed contract for the supply of goods.
190. The Supplier shall, within ten working days from the date of conclusion of the contract, provide security for the execution of the contract.
In this case, the customer within two working days from the date of expiration of the term for making security for the execution of the contract shall send a notification to the supplier of his intention to terminate the contract. If the supplier has not made any security for the execution of the contract within three working days from the date of receipt of the notice of intention to terminate the contract, the customer shall send a notice of termination of the contract.
191. All disputes arising during the performance of contractual obligations shall be resolved in accordance with the civil legislation of the Republic of Kazakhstan.
192. In cases where the supplier selection procedures carried out within the framework of the preliminary annual acquisition plan are completed before the approval of the relevant budget, the contract shall be sent to the winner within five working days from the date of approval of the relevant budget.
193. A potential supplier that has not signed the contract within the specified period shall be considered to have evaded the conclusion of the contract.
194. If the potential supplier recognized as the winner and the potential supplier who took the second place, within the time frame established by the Rules,has not submitted the signed contract to the customer and (or)has not made security for the execution of the contract, the tender organizer, in accordance with the Rules for the formation of a list of unscrupulous suppliers (potential suppliers), shall not later than thirty calendar days file a lawsuit to recognize such supplier as an unscrupulous supplier.
195. If a potential supplier identified by the winner who evaded the conclusion of the contract is recognized, the organizer shall hold the security for the application for participation in the competition.
196. If the applicant determined by the winner has not submitted the signed contract to the customer, has not made security for the execution of the contract within ten working days from the date of receipt of the contract, the customer shall, after three working days from the date of receipt of the supplier's notice of termination of the contract, submit the contract to the applicant who took the second place. The contract shall be signed by the potential second-place supplier within three working days from the date of submission of the contract.
If the potential second-place supplier has not signed the contract signed by the customer within the specified time, the customer shall make a second tender.
197. An agreement cannot be concluded when a decision is made by the financial authorities to cancel the decisions of the organizer and the competition commission adopted in violation of these Rules, or to cancel the competition before the conclusion of the agreement, including during the period of appeal by the organizer of such a decision of the authorized body.
198. If the authorized body cancels the decisions of the organizer and the competition commission or the competition (lot), the competition organizer shall post it on the web portal within 3 working days from the date of receipt of the decision of the authorized body. Within 3 working days from the date of placement of the decision of the authorized body, the organizer of the competition shall review the results of the competition or posts an announcement of the competition on the web portal.
199. The amount of security for the execution of the contract shall be established by the organizer of the tender in the amount of three percent of the total amount of the contract.
200. The supplier can choose one of the following types of contract enforcement:
1) a guarantee cash contribution, which shall be made to the bank account of the customer or to the account provided for by the budget legislation of the Republic of Kazakhstan;
2) bank guarantee.
The Customer shall return to the Supplier the security of the contract performance within five working days from the date of the Supplier's full and proper performance of its obligations under the contract.
201. Documents on the execution of the contract (act of acceptance and transfer of goods, invoice) shall be executed in electronic form.
The Contract shall be deemed fulfilled provided that the Customer and the Supplier have fully fulfilled their obligations hereunder.
The contract for the delivery of goods shall be executed in the following sequence:
1) delivery of the goods to the destination of the goods with the provision of the original invoice;
2) execution by the supplier of an act of acceptance and transfer of goods through a web portal with the attachment of an electronic copy of the invoice, confirming the fact of delivery of the goods;
3) acceptance of goods by the customer;
4) execution of an electronic invoice issued through the electronic invoice information system, in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system;
5) payment by the customer for the delivered goods.
202. The Supplier shall send to the Customer, by means of the web portal, a certificate of goods acceptance approved by an electronic digital signature in accordance with Annex 8 to these Rules and fill in the information on the goods.
203. The Customer shall, no later than three working days from the date of receipt on the web portal of the notification of the supplier's registration of the certificate of acceptance and transfer of goods, fill out the information under the contract in the certificate and sign it with an electronic digital signature or refuse to accept the goods with the indication of reasoned justifications.
Paragraph 2. Procedure for purchasing goods related to the provision of nutrition for children brought up in state educational organizations for orphans and children left without parental care
204. The purchase of goods related to the provision of nutrition for children brought up in educational organizations for orphans and children left without parental care on a competitive basis shall provide for the following sequential actions:
1) development and approval of a plan for the purchase of goods, if the organizer of the tender is not the customer himself - the customer shall send through the web portal points of the annual plan for the purchase of goods (preliminary annual plan for the purchase of goods) to fulfill the procedures for organizing and conducting the tender;
2) formation and approval of the composition of the competition committee, in the event of a competition by the organizer, the inclusion of customer employees in the competition commission shall not be mandatory;
3) approval of tender documentation;
4) posting on the web portal an announcement on the implementation of the supplier selection procedure, as well as the text of the tender documentation;
5) submission by potential suppliers of applications for participation in the competition in the form of an electronic document and their automatic registration on the web portal;
6) automatic opening of applications and posting of the corresponding autopsy protocol on the web portal;
7) consideration by the tender committee through the web portal of applications for participation in the tender of potential suppliers for their compliance with the qualification requirements and the requirements of the tender documentation,
8) identify potential suppliers that meet the qualification requirements and requirements of the tender documentation, and recognize them as participants in the tender,
9) determining the winner of the tender, as well as the potential supplier who took the second, third and so on place, and posting a protocol on the procurement results on the web portal;
10) conclusion of the contract of the customer, the organizer with the winner on the basis of the protocol on the results of the competition.
205. In the tender documentation or in the posted information, it shall not be allowed to establish any requirements for potential suppliers that shall not be quantified and (or) not administrated, or to indicate the characteristics that determine the ownership of purchased goods to individual potential suppliers.
206. The purchase of goods shall be carried out by the tender organizer on the basis of the approved plan for the purchase of goods by the organizer or customer.
207. On the basis of the relevant budget, the customer or, if the customer and the organizer of the tender act in one person, the organizer of the tender shall, within ten working days from the date of approval of the relevant budget, shall develop and approve a plan for the purchase of goods for the fiscal year based on the need for goods in the form in accordance with Annex 1 to these Rules.
208. The Customer or, if the Customer and the Tender Organizer act in the same person, the Tender Organizer shall post it on the web portal within five working days from the date of approval of the procurement plan.
The Customer shall provide the organizer with information and documents for the organization and holding of the tender.
209. Amendments and/or additions to the procurement plan shall be made in case of amendments and/or additions to the customer's budget or, if the customer and the tender organizer act in one person, the tender organizer.
The Customer or, if the Customer and the Tender Organizer act in one person, the Tender Organizer shall post the amendments and/or additions made on the web portal within five working days from the date of the decision to make amendments and/or additions to the procurement plan.
210. To carry out the procedures for organizing and conducting the competition, the organizer shall approve the competition committee and determine the secretary of the competition committee.
211. The decision to create a competition committee and determine the secretary of the competition committee shall be made by the first head of the organizer or the person acting as him.
212. The competition committee is created by order of the organizer of the competition and consists of an odd number of commission members, but at least five people.
Members of the competition committee consider applications and take part in the voting without replacing the absent members of the commission.
213. The organizer of the competition shall include, by agreement, representatives of local executive bodies registered on the web portal in the competition committee.
Footnote. Paragraph 213 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).214. The Chairman of the Tender committee shall determine an official not lower than the deputy first head of the organizer or a person acting as the first head or his deputy.
In the absence of the chairman of the competition committee, the candidacy of the chairman of the competition committee shall be re-approved. At the same time, the chairman of the tender commission shall determine an official not lower than the deputy first head, and in case of his absence - the first head.
215. The Chairman of the competition committee shall manage the activities of the Competition committee and perform the functions stipulated by these Rules.
216. The tender commission shall be valid from the date of entry into force of the decision on its creation and shall cease its activities on the day of conclusion of the contract.
217. A meeting of the competition committee shall be valid if at least two-thirds of the members of the competition committee are present at it, without the right to replace. In the absence of one of the members of the competition committee, the reason for its absence shall be indicated in the minutes of the meeting of the competition committee.
218. The organizational activity of the tender commission shall be provided by the secretary of the tender commission. The Secretary of the competition committee shall not be a member of the competition committee and shall not participate in voting when making decisions by the Competition committee.
The Secretary of the competition committee shall be determined from among the officials of the body or organization that is the organizer of the competition, responsible for organizing and conducting the competition.
219. Secretary of the competition committee shall:
1) generate and post tender documentation on the web portal;
2) post on the web portal an announcement of the competition, a protocol for opening applications for participation in the competition, a protocol on the results of the competition, as well as other documents, if any;
3) perform the functions stipulated by these Rules.
220. The Tender organizer shall develop and approve the tender documentation in accordance with the Standard tender documentation in accordance with Annex 2 to the Rules, including:
1) the list of purchased goods in the form according to Annex 2 to the Standard tender documentation;
2) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the Standard tender documentation;
3) application for participation in the competition for legal entities and individuals according to the forms according to Annexes 4, 5 to the Standard tender documentation;
4) information on qualification of a potential supplier according to the form according to Annex 6 to the Standard tender documentation;
5) criteria for selecting a supplier of goods according to Annex 8 to the Standard tender documentation;
6) Standard contract for the supply of goods in accordance with Annex 10 to the Standard tender documentation.
221. When purchasing goods, the organizer decides to hold a competition with the breakdown of goods into lots and (or) combining individual goods into one lot in the following groups: dairy products, meat products, vegetables and greens, fruits and juices, fish products, flour products and cereals (legumes), other goods.
Consideration of applications for participation in the tender, as well as determination of the winner of the tender in case of breakdown into lots shall be carried out for each lot provided for in the tender documentation.
222. Potential suppliers shall participate in the competition, determined based on the results of consideration of applications for participation in the competition in accordance with the qualification requirements and the requirements of the tender documentation.
223. The applicant shall meet the following qualification requirements to participate in the tender:
1) the absence of tax debt exceeding the sixfold size of the monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget, determined automatically by the web portal on the basis of information from state revenue bodies no earlier than the date of placement of the announcement of the competition;
2) not subject to bankruptcy or liquidation proceedings;
3) availability of material and labor resources.
224. Excluded by the order of the Minister of Education of the Republic of Kazakhstan dated 07.12.2022 No. 490 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).225. After approval of the tender documentation, the tender organizer shall form the tender documentation on the web portal in Kazakh and Russian.
226. The tender organizer shall, no later than three working days from the date of approval of the tender documentation, post the text of the tender announcement in accordance with Annex 3 to these Rules, as well as the tender documentation, on the web portal on weekdays from 9 a.m. to 6 p.m.
The start of acceptance of applications shall be carried out after three working days from the date of placement of the announcement.
The deadline for the final date of submission of applications by potential suppliers for participation in the tender shall be at least fifteen calendar days from the date of placement of the text of the tender announcement and the text of the approved tender documentation.
Footnote. Paragraph 226 - as amended by order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).227. Changes to the tender documentation are made by the tender organizer within 10 calendar days from the date of placement of the text of the announcement of the tender.
The Organizer shall, no later than one business day from the date of the decision to make changes and (or) additions to the tender documentation, send the text of the changes and (or) additions made through the web portal to the suppliers who have received the tender documentation on the web portal.
The final deadline for submitting applications for participation in the competition shall be extended for a period of five to ten calendar days.
228. In the event of a second tender, the tender organizer shall, at least ten calendar days before the final date of submission of applications for participation in the tender, post on the web portal the text of the announcement of the second tender, provided that the tender documentation of the failed tender shall be unchanged, except for the term of the contract due to the second tender.
229. From the date of placement of the announcement of the competition, everyone shall be given the opportunity to receive tender documentation on the web portal.
230. It shall not be allowed to provide tender documentation until the moment of notification of the tender on the web portal.
231. A potential supplier with legal capacity, which shall be solvent and shall have material and labor resources, shall claim to participate in the competition.
232. The application for participation in the tender shall be submitted in the form of an electronic document through the web portal before the end of the final deadline for its submission specified in the tender documentation and shall be a form of expressing the consent of the potential supplier with the conditions established by the tender documentation, as well as the consent of the potential supplier to receive information about it confirming compliance with the requirements of the qualification and tender documentation for the choice of the supplier provided for by these Rules.
233. The application for participation in the tender, submitted to the organizer by a potential supplier who has expressed a desire to participate in the tender, must contain the documents listed in the tender documentation.
234. Applications submitted by potential suppliers shall be automatically registered on the web portal.
235. An application shall be deemed accepted when the web portal automatically sends a notice to the applicant.
236. The potential supplier shall submit only one application for participation in the competition, in case of breakdown by lots - in the lot.
237. The applicant shall not be entitled to participate in the tender and the applicant's application shall be automatically rejected by the web portal in the following cases:
1) a potential supplier has previously submitted an application for participation in this tender;
2) the application for participation in the competition has received on the web portal after the final deadline for accepting applications for participation in this competition has expired;
3) close relatives, spouse or property of the first managers of this potential supplier and (or) an authorized representative of this potential supplier shall participate in the decision to select a supplier or shall be a representative of the customer or the organizer of the competition in held tenders;
4) the head of a potential supplier applying for participation in the tender shall be associated with the management, establishment, participation in the authorized capital of legal entities in the register of unscrupulous participants in public procurement, the list of unscrupulous suppliers (potential suppliers);
5) the head of a potential supplier applying for participation in the tender shall be an individual engaged in entrepreneurial activities, included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
6) a potential supplier who shall be an individual carrying out business activities, applying for participation in the tender, shall be the head of a potential supplier who is included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
7) a potential supplier shall consist of a register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
8) the potential supplier has unfulfilled obligations under the executive documents and shall be included by the authorized body implementing the state policy and state regulation of activities in the field of ensuring the execution of executive documents in the Unified register of debtors.
9) the presence of tax arrears and arrears on mandatory pension contributions, mandatory professional pension contributions and social contributions in the amount exceeding the six-time monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget;
10) the potential supplier shall not be a resident of the Republic of Kazakhstan;
11) the property of a potential supplier whose book value exceeds ten percent of the value of the relevant fixed assets has been seized;
12) potential supplier, and/or their manager shall be included in the list of organizations and persons related to the financing of terrorism and extremism, in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
13) be subject to bankruptcy or liquidation proceedings.
238. The validity period of the application for participation in the tender submitted by the potential supplier for participation in the tender shall be at least sixty calendar days from the date of opening of applications for participation in the tender and must correspond to the period established by the tender documentation.
239. Any amendment or withdrawal of an application by a potential supplier shall be made at any time before the final deadline for submission of applications.
Withdrawal of the application for participation in the competition after the final deadline for their submission shall not be allowed.
240. The presentation of individual documents required in accordance with the tender documentation by a potential supplier shall be carried out through the receipt of documents by contacting state information systems and (or) state databases, or by filling out an electronic form using a web portal.
241. The applicant shall post an application on the web portal containing the following documents before the final deadline for their submission:
1) application for participation in the tender, drawn up in Kazakh and Russian, of a potential supplier in accordance with Annexes 4, 5 to the Standard tender documentation, indicating the validity period;
2) securing an application for participation in the competition in the form of money in the electronic wallet of a potential supplier or an electronic bank guarantee in the amount of one percent of the amount allocated for the purchase of goods;
3) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the Standard tender documentation.
4) information on the qualification of a potential supplier in the form according to Annex 6 to the Standard tender documentation.
242. The amount of security for the application for participation in the competition, calculated in tyins, shall be rounded. In this case, the amount of less than fifty tiyn shall be rounded to zero, and the amount equal to fifty tiyn and higher shall be rounded to one KZT.
243. The application for participation in the tender shall be made separately for each lot or for the total amount of the tender lots in which the potential supplier takes part.
If a potential supplier makes an application for participation in the tender in the form of a guarantee cash contribution, which is made to the organizer's bank account or to the account provided for by the budget legislation of the Republic of Kazakhstan for organizers who shall be state bodies and state institutions, then it shall be submitted in the form of an electronic copy of the payment document confirming the guarantee cash contribution. In this case, a guarantee cash contribution shall be made to the bank account specified in the tender documentation until the final deadline for submitting applications for participation in the tender.
244. Opening of applications for participation in the competition shall be performed automatically by the web portal within five minutes from the expiration of the final deadline for submission of applications for participation in the competition.
245. If only one application for participation in the tender (lot) is submitted for the tender (lot), then such application is also opened and considered in accordance with these Rules.
246. The protocol for opening applications for participation in the competition shall be posted automatically by the web portal at the time of opening them in accordance with Annex 4 to these Rules. In this case, the web portal sends automatic notifications to members of the competition commission, potential suppliers who have submitted applications for participation in the competition.
247. Before the start of the competition, the members of the competition commission, the secretary of the competition commission shall be aware of the approved tender documentation and its Annexes.
248. The Tender committee shall review applications through the web portal in order to identify potential suppliers that meet the qualification requirements and the requirements of the tender documentation.
249. When considering applications for participation in the tender for compliance of potential suppliers with the qualification requirements and requirements of the tender documentation, the tender committee shall:
1) in writing and/or in the form of an electronic document, request materials and clarifications from potential suppliers in connection with their applications in order to simplify the consideration and comparison of applications for participation in the competition;
2) in order to clarify the information contained in the applications for participation in the competition, in writing and (or) in the form of an electronic document, request the necessary information from the relevant individuals or legal entities, state bodies.
250. It shall not be allowed to send a request and actions of the tender commission related to the addition of an application for participation in the tender with missing documents, replacement of documents submitted in the application for participation in the tender, bringing into compliance with improperly executed documents.
The competition committee shall consider the application for participation in the competition as meeting the requirements of the tender documentation, if it contains grammatical or arithmetic errors that can be corrected without affecting the essence of the submitted application.
251. In order to clarify the compliance of potential suppliers with qualification requirements in terms of their non-involvement in the bankruptcy procedure or liquidation, the tender commission shall consider information posted on the Internet resource of the authorized body that monitors the bankruptcy or liquidation procedures.
252. Based on the results of consideration of applications for participation in the competition, the competition committee within five working days from the date of opening of applications for participation in the competition shall:
1) identify potential suppliers who meet the qualification requirements and requirements of the tender documentation, recognize as participants in the tender;
2) apply and calculate the criteria;
3) draw up a protocol on the results of the tender in accordance with Annex 5 to these Rules.
253. The decision of the competition committee shall be made by voting through the web portal and shall be considered accepted if more members of the competition committee voted for it from the total number of members of the competition committee. In case of equality of votes, a decision is considered adopted, for which the chairman of the competition commission voted.
In case of disagreement with the decision of the competition committee, any member of this competition committee expresses his opinion, which is posted on the web portal in the form of an electronic copy of the document.
If there is no signature of any member of the tender committee, a document or information containing the reason for the absence of the signature shall be posted on the web portal in the relevant protocols of the tender committee by the secretary of the tender committee.
254. The tender results protocol shall contain the following information:
1) on the requests of the tender commission in accordance with Paragraph 249 of these Rules;
2) on potential suppliers whose applications for participation in the tender has been rejected, with a detailed description of the reasons for their rejection, including indicating information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation;
3) on the application of criteria by the tender commission.
255. The Tender committee shall recognize the submitted security of the application for participation in the tender that does not meet the requirements of the tender documentation, in cases:
1) insufficient validity period for securing an application for participation in the competition presented in the form of an electronic bank guarantee;
2) improper registration of the application for participation in the competition, which shall be expressed in the absence of information that does not allow the tender commission to establish:
the person who issued the security of the application for participation in the competition;
the name and number of the competition, for participation in which the application for participation in the competition shall be made in the form of an electronic bank guarantee;
validity period of the application for participation in the competition, terms of its provision, presented in the form of an electronic bank guarantee and (or) the amount of the application for participation in the competition;
the person to whom the security of the application for participation in the competition has been issued;
a person in favor of whom the application for participation in the competition shall be secured;
3) making a security application for participation in the competition in the amount of less than one percent of the amount allocated for the competition (lot).
256. The Promoter shall return the application security to the prospective vendor within three working days of the date of one of the following events:
1) placing an autopsy report in cases of withdrawal by this potential supplier of his application for participation in the competition before the final deadline for submitting applications for participation in the competition;
2) signing a protocol on the results of the competition. The specified case shall not apply to the applicant determined by the winner of the competition;
3) signing a contract by a potential supplier and making a security for the execution of the contract.
257. Securing an application for participation in the competition, made in the form of an electronic bank guarantee, shall not be returned by the tender organizer to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
The application for participation in the competition, entered through an electronic wallet, shall be blocked by a unified operator and shall not be returned to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
In these cases, the amount of security for the application for participation in the competition is credited to the revenue of the corresponding budget.
It shall not be allowed for a potential supplier to perform actions that lead to the emergence of the right of third parties to claim in general or in terms of money in an electronic wallet.
It shall not be allowed for a unified operator to use money in an electronic wallet, except for the cases specified in this Paragraph.
258. A unified operator within five working days from the date of receipt of the application from the customer via the web portal transfers blocked money from the e-wallet of the potential supplier to secure the application for the account indicated in the application of the customer, if the potential supplier evaded the conclusion of the contract or, having concluded the contract, has not made security for the execution of the contract.
259. At the request of a potential supplier to return money placed on his electronic wallet, a unified operator within three working days from the date of receipt of such a claim shall return the specified money, in respect of which blocking or blocking has not been terminated.
260. The protocol on the results of the competition shall be signed on the web portal by all members of the competition commission and posted by the secretary of the competition commission on the day of the decision on the results of the competition, on the web portal, with automatic notification of all potential suppliers who submitted applications for participation in the competition.
261. The tender committee in the protocol of the tender results shall indicate the reason for recognizing the submitted security of the application for participation in the tender that does not meet the requirements of the tender documentation.
262. When forming a protocol on the tender results, the tender committee shall issue points in accordance with the criteria, according to Annex 8 to the Standard tender documentation, in relation to each potential supplier who submitted an application for participation in the tender, except for cases when one application shall be submitted for participation in the tender.
The winner of the competition shall be the potential supplier who scored the most points.
If one potential supplier who submitted an application in accordance with the requirements of the tender documentation and shall meet the standards of these Rules participated in the tender, then he shall be recognized as the winner of the tender.
263. If two or more potential suppliers scored the same number of points, the applicant who scored the most points according to the criterion "experience in the goods market over the past 5 years" according to Annex 8 to the Standard tender documentation shall be recognized as the winner.
If the number of points on the experience of work is equal, the applicant is recognized as the winner, the application for participation of which has received earlier than applications for participation in the competition of other potential suppliers.
264. The competition shall be recognized by the organizer of the competition as invalid in cases:
1) absence of submitted applications;
2) if no potential supplier is allowed to participate in the tender;
3) the winner of the tender evaded the conclusion of the contract, if this supplier is the only participant in the tender.
265. When the competition is recognized as invalid, the organizer of the competition announces the re-holding of the competition in accordance with paragraph 30 of these Rules.
When the potential supplier appeals against the actions (inaction), the decision of the customer, the organizer, the tender commission to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the placement of the announcement of the repeated tender shall be suspended until the deadline for consideration of the complaint.
Footnote. Paragraph 265 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).266. If the tender winner evades the conclusion of the contract, with the participation of two or more potential suppliers in the tender, the tender commission decides to conclude an agreement with a potential supplier following the number of points scored for the tender winner in accordance with the criteria for choosing suppliers of goods and within two working days shall send him an agreement certified by electronic digital signature through the web portal.
The potential supplier shall sign the contract with an electronic digital signature within three working days from the date of receipt of the contract.
267. In order to ensure uninterrupted activities of the customer to organize meals for pupils and students, the latter extends for the period until the entry into force of the contract with the winner of the tender, the validity of the contract with the current supplier by direct conclusion of the contract in the absence of violations by the supplier.
In case of the supplier's refusal to extend the term of the contract, the presence of violations by the supplier, the contract is concluded with the potential supplier who took the second, third, fourth, and so on, in order of priority, a place at the previous tender, for the period before the entry into force of the contract with the winner of the tender.
In case of the supplier's refusal to extend the contract, the presence of violations on the part of the supplier, refusal to conclude a contract or the absence of a potential supplier who took the second, third, fourth, and so on, in order of priority, a place in the previous contest, the tender organizer, the customer shall decide to involve the supplier supplying the goods, meeting qualification requirements and having experience in the supply of goods in educational organizations for at least 2 years.
At the same time, such purchases shall be carried out in an amount not exceeding the volume of purchases of such goods necessary to meet the customer's needs during the tender period, but not more than two months.
In case of appeal against the results of the competition, the decision of the authorized body, the contract is extended for the period of appeal.
268. The customer, the organizer of the tender, within two working days, places information about the supplier of goods on the Internet resource of the customer, the organizer of the tender.
269. If the second tender is recognized as invalid in accordance with Paragraph 264 of these Rules, the tender customer shall decide to attract, by direct conclusion of the contract, a supplier supplying food products that meets the qualification requirements and has at least 2 years experience in the supply of goods in the education organization.
Within two working days from the date of the decision to engage the supplier, the Organizer shall send an invitation via the web portal to the potential supplier identified by the customer in accordance with Annex 7 to the Rules.
If a potential supplier agrees, the potential supplier shall send its confirmation of participation to the customer by means of the web portal within five calendar days with the attachment of supporting documents on work experience in accordance with Annex 8 to the Standard tender documentation.
Within three working days from the date of receipt of the confirmation of participation, the Customer shall send to the prospective supplier a draft contract certified by electronic digital signature through the web portal.
The draft contract shall be certified by the potential supplier by means of an electronic digital signature within three working days from the date of receipt of the draft contract.
270. The potential supplier shall not be allowed to participate in the tender, cannot be recognized as a participant of the tender, the winner of the tender, if:
1) it shall be defined as not meeting the qualification requirements on the following grounds:
failure to submit, as well as submission of incomplete information on qualification for tender documentation;
non-compliance of a potential supplier with qualification requirements in terms of possession of material and labor resources sufficient to fulfill obligations under the contract specified in the tender documentation;
the fact of submission of false information on qualification requirements has been established;
2) if his application for participation in the tender is determined not meeting the requirements of the tender documentation on the following grounds:
failure to submit the terms of reference;
submission by a potential supplier of a technical assignment that shall not meet the requirements of the tender documentation, as well as failure to submit documents required by the technical assignment;
failure to provide the application for participation in the tender in accordance with the requirements of the tender documentation and these Rules;
established the fact of submission of inaccurate information on the documents submitted in the tender application.
271. Appeals against actions (inaction), decisions of the customer, organizer, commissions shall be carried out by the supplier if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier.
When appealing to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the term of conclusion of the contract is suspended until the end of the term of consideration of the complaint. The appeal of persons who has not taken part in the competition shall not suspend the term of conclusion of the contract.
272. The complaint shall be considered within the framework of electronic state audit, office control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.
273. No later than one working day from the date of receipt of the complaint, the authorized body shall send a notification to the customer about the suspension of the conclusion of the contract.
274. A complaint about actions (inaction), decisions of the customer, organizer of the tender, commissions to the authorized body shall contain the name, location of the legal entity, actions (inaction), decisions of which shall be appealed, name, location of the person who filed the complaint, information about the tender, appealed actions (inaction), decisions of the customer, organizer of the tender, commissions. Documents supporting the arguments of the person who filed the complaint may be attached to the complaint.
The complaint shall be signed by the person submitting it or his representative. A power of attorney or other document certifying the authority of the representative shall be attached to the complaint filed by the representative.
275. The complaint shall be returned to the person submitting it without consideration within two working days from the date of receipt if:
1) the complaint does not comply with the standards established by paragraph 274 of these Rules;
2) the complaint is not signed or signed by a person who does not have the authority to sign it.
276. The protocol on the results of the tender shall be the basis for concluding an agreement on the supply of goods. The contract for the supply of goods (hereinafter referred to as the contract) shall be concluded between the customer and the supplier.
277. Within three working days after the expiration of the appeal against the protocol on the results of the tender, the customer shall send to the potential supplier a signed contract for the supply of goods drawn up in accordance with the Standard contract for the Supply of goods in accordance with Annex 10 to the Standard tender documentation.
278. The contract shall be concluded according to the approved individual financing plan for obligations for the corresponding fiscal year within the allocated funds and, in the absence of violations by the supplier, shall be extended by direct conclusion of the contract twice for subsequent fiscal years.
Extension of the contract validity period shall be carried out in accordance with the purchase plan for goods within 3 working days from the date of expiration of the contract.
When changing the number of pupils and students provided with food, changes shall be made to the contract.
Amendments and/or additions to the purchase plan of goods in terms of price amendments shall be made in accordance with the inflation rate for the current period and within the average price of goods on the public procurement portal.
When amendments and/or additions are made to the purchase plan, amendments and/or additions shall be made to the current contract for the current fiscal year without conducting competitive procedures.
Footnote. Paragraph 278 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).279. Within three working days from the date of receipt of the contract, the Supplier shall sign and return to the tender organizer the signed contract for the supply of goods.
280. The Supplier shall, within ten working days from the date of conclusion of the contract, provide security for the execution of the contract.
In this case, the customer within two working days from the date of expiration of the term for making security for the execution of the contract sends a notification to the supplier of his intention to terminate the contract. If the supplier has not made any security for the execution of the contract within three working days from the date of receipt of the notice of intention to terminate the contract, the customer shall send a notice of termination of the contract.
281. All disputes arising during the performance of contractual obligations shall be resolved in accordance with the civil legislation of the Republic of Kazakhstan.
282. In cases where the supplier selection procedures carried out within the framework of the preliminary annual acquisition plan are completed before the approval of the relevant budget, the contract shall be sent to the winner within five working days from the date of approval of the relevant budget.
283. A potential supplier that has not signed the contract within the specified period shall be considered to have evaded the conclusion of the contract.
284. If the potential supplier recognized as the winner and the potential supplier who took the second place, within the time frame established by the Rules, has not submitted the signed contract to the customer and (or) has not made security for the execution of the contract, the tender organizer, in accordance with the Rules for the formation of a list of unscrupulous suppliers (potential suppliers), shall not later than thirty calendar days file a lawsuit to recognize such supplier as an unscrupulous supplier.
285. If a potential supplier identified by the winner who evaded the conclusion of the contract is recognized, the organizer shall hold the security for the application for participation in the competition.
286. If the applicant determined by the winner has not submitted the signed contract to the customer, has not made security for the execution of the contract within ten working days from the date of receipt of the contract, the customer shall, after three working days from the date of receipt of the supplier's notice of termination of the contract, submit the contract to the applicant who took the second place. The contract shall be signed by the potential second-place supplier within three working days from the date of submission of the contract.
If the potential second-place supplier has not signed the contract signed by the customer within the specified time, the customer shall make a second tender.
287. An agreement cannot be concluded when a decision is made by the financial authorities to cancel the decisions of the organizer and the competition commission adopted in violation of these Rules, or to cancel the competition before the conclusion of the agreement, including during the period of appeal by the organizer of such a decision of the authorized body.
288. If the authorized body cancels the decisions of the organizer and the competition commission or the competition (lot), the competition organizer shall post it on the web portal within 3 working days from the date of receipt of the decision of the authorized body. Within 3 working days from the date of placement of the decision of the authorized body, the organizer of the competition shall review the results of the competition or post an announcement of the competition on the web portal.
289. The amount of security for the execution of the contract shall be established by the organizer of the tender in the amount of three percent of the total amount of the contract.
290. The supplier can choose one of the following types of contract enforcement:
1) a guarantee cash contribution, which shall be made to the bank account of the customer or to the account provided for by the budget legislation of the Republic of Kazakhstan;
2) bank guarantee.
The Customer shall return to the Supplier the security of the contract performance within five working days from the date of the Supplier's full and proper performance of its obligations under the contract.
291. Documents on the execution of the contract (act of acceptance and transfer of goods, invoice) shall be executed in electronic form.
The Contract shall be deemed fulfilled provided that the Customer and the Supplier have fully fulfilled their obligations hereunder.
The contract for the delivery of goods shall be executed in the following sequence:
1) delivery of the goods to the destination of the goods with the provision of the original invoice;
2) execution by the supplier of an act of acceptance and transfer of goods through a web portal with the attachment of an electronic copy of the invoice, confirming the fact of delivery of the goods;
3) acceptance of goods by the customer;
4) execution of an electronic invoice issued through the electronic invoice information system, in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system;
5) payment by the customer for the delivered goods.
292. The Supplier shall send to the Customer, by means of the web portal, a certificate of goods acceptance approved by an electronic digital signature in accordance with Annex 8 to these Rules and fill in the information on the goods.
293. The Customer shall, no later than three working days from the date of receipt on the web portal of the notification of the supplier's registration of the certificate of acceptance and transfer of goods, fill out the information under the contract in the certificate and sign it with an electronic digital signature or refuse to accept the goods with the indication of reasoned justifications.
Paragraph 3. The procedure for purchasing goods related to the provision of nutrition to students of state organizations of technical and professional, post-secondary education
294. The purchase of goods related to the provision of nutrition for children studying in organizations of technical and vocational, post-secondary education on a competitive basis provides for the following sequential actions:
1) development and approval of a plan for the purchase of goods, if the organizer of the tender is not the customer himself - the customer sends through the web portal points of the annual plan for the purchase of goods (preliminary annual plan for the purchase of goods) to fulfill the procedures for organizing and conducting the tender;
2) formation and approval of the composition of the competition committee, in the event of a competition by the organizer, the inclusion of customer employees in the competition commission is not mandatory;
3) approval of tender documentation;
4) posting on the web portal an announcement on the implementation of the supplier selection procedure, as well as the text of the tender documentation;
5) submission by potential suppliers of applications for participation in the competition in the form of an electronic document and their automatic registration on the web portal;
6) automatic opening of applications and posting of the corresponding autopsy protocol on the web portal;
7) consideration by the tender committee through the web portal of applications for participation in the tender of potential suppliers for their compliance with the qualification requirements and the requirements of the tender documentation,
8) identify potential suppliers that meet the qualification requirements and requirements of the tender documentation, and recognize them as participants in the tender,
9) determining the winner of the tender, as well as the potential supplier who took the second, third and so on place, and posting a protocol on the procurement results on the web portal;
10) conclusion of the contract of the customer, the organizer with the winner on the basis of the protocol on the results of the competition.
295. In the tender documentation or in the posted information, it shall not be allowed to establish any requirements for potential suppliers that shall not be quantified and (or) not administrated, or to indicate the characteristics that determine the ownership of purchased goods to individual potential suppliers.
296. The purchase of goods shall be carried out by the tender organizer on the basis of the approved plan for the purchase of goods by the organizer or customer.
297. On the basis of the relevant budget, the customer or, if the customer and the organizer of the tender act in one person, the organizer of the tender shall, within ten working days from the date of approval of the relevant budget, develop and approve a plan for the purchase of goods for the fiscal year based on the need for goods in the form in accordance with Annex 1 to these Rules.
298. The Customer or, if the Customer and the Tender organizer act in the same person, the Tender organizer shall post it on the web portal within five working days from the date of approval of the procurement plan.
The Customer shall provide the organizer with information and documents for the organization and holding of the tender.
299. Amendments and/or additions to the procurement plan shall be made in case of amendments and/or additions to the customer's budget or, if the customer and the tender organizer act in one person, the tender organizer.
The Customer or, if the Customer and the Tender organizer act in one person, the Tender organizer shall post the amendments and/or additions made on the web portal within five working days from the date of the decision to make amendments and/or additions to the procurement plan.
300. To carry out the procedures for organizing and conducting the competition, the organizer of the competition shall approve the competition committee and determine the secretary of the competition committee.
301. The decision to create a competition committee and determine the secretary of the competition committee shall be made by the first head of the organizer or the person acting as him.
302. The competition committee shall be created by order of the organizer of the competition and consist of an odd number of commission members, but at least five people.
Members of the competition committee shall consider applications and take part in the voting without replacing the absent members of the commission.
303. The organizer of the competition shall include, by agreement, representatives of local executive bodies registered on the web portal in the competition committee.
Footnote. Paragraph 303 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).304. The Chairman of the Tender committee shall determine an official not lower than the deputy first head of the organizer or a person acting as the first head or his deputy.
In the absence of the chairman of the competition committee, the candidacy of the chairman of the competition committee shall be re-approved. At the same time, the chairman of the tender commission shall determine an official not lower than the deputy first head, and in case of his absence - the first head.
305. The Chairman of the Competition committee shall manage the activities of the Competition committee and perform the functions stipulated by these Rules.
306. The tender commission shall be valid from the date of entry into force of the decision on its creation and shall cease its activities on the day of conclusion of the contract.
307. A meeting of the competition committee shall be valid if at least two-thirds of the members of the competition committee are present at it, without the right to replace. In the absence of one of the members of the competition committee, the reason for its absence shall be indicated in the minutes of the meeting of the competition committee.
308. The organizational activity of the tender commission shall be provided by the secretary of the tender commission. The Secretary of the competition committee shall not be a member of the Competition committee and shall not participate in voting when making decisions by the Competition committee.
The Secretary of the competition committee shall be determined from among the officials of the body or organization that is the organizer of the competition, responsible for organizing and conducting the competition.
309. Secretary of the Competition Committee shall:
1) generate and post tender documentation on the web portal;
2) post on the web portal an announcement of the competition, a protocol for opening applications for participation in the competition, a protocol on the results of the competition, as well as other documents, if any;
3) perform the functions stipulated by these Rules.
310. The Tender organizer shall develop and approve the tender documentation in accordance with the Standard tender documentation in accordance with Annex 2 to the Rules, including:
1) the list of purchased goods in the form according to Annex 2 to the Standard tender documentation;
2) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the Standard tender documentation;
3) application for participation in the competition for legal entities and individuals according to the forms according to Annexes 4, 5 to the Standard tender documentation;
4) information on qualification of a potential supplier according to the form according to Annex 6 to the Standard tender documentation;
5) criteria for selecting a supplier of goods according to Annex 8 to the Standard tender documentation;
6) Standard contract for the supply of goods in accordance with Annex 10 to the Standard tender documentation.
311. When purchasing goods, the organizer decides to hold a competition with the breakdown of goods into lots and (or) combining individual goods into one lot in the following groups: dairy products, meat products, vegetables and greens, fruits and juices, fish products, flour products and cereals (legumes), other goods.
Consideration of applications for participation in the tender, as well as determination of the winner of the tender in case of breakdown into lots shall be carried out for each lot provided for in the tender documentation.
312. Potential suppliers shall participate in the competition, determined based on the results of consideration of applications for participation in the competition in accordance with the qualification requirements and the requirements of the tender documentation.
313. The applicant shall meet the following qualification requirements to participate in the tender:
1) the absence of tax debt exceeding the sixfold size of the monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget, determined automatically by the web portal on the basis of information from state revenue bodies no earlier than the date of placement of the announcement of the competition;
2) not subject to bankruptcy or liquidation proceedings;
3) availability of material and labor resources.
314. Excluded by the order of the Minister of Education of the Republic of Kazakhstan dated 07.12.2022 No. 490 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).315. After approval of the tender documentation, the tender organizer shall form the tender documentation on the web portal in Kazakh and Russian.
316. The tender organizer shall, no later than three working days from the date of approval of the tender documentation, post the text of the tender announcement in accordance with Annex 3 to these Rules, as well as the tender documentation, on the web portal on weekdays from 9 a.m. to 6 p.m.
The start of acceptance of applications shall be carried out after three working days from the date of placement of the announcement.
The deadline for the final date of submission of applications by potential suppliers for participation in the tender shall be at least fifteen calendar days from the date of placement of the text of the tender announcement and the text of the approved tender documentation.
Footnote. Paragraph 316 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).317. Amendments to the tender documentation ashall be made by the tender organizer within 10 calendar days from the date of placement of the text of the announcement of the tender.
The Organizer shall, no later than one working day from the date of the decision to make amendments and (or) additions to the tender documentation, send the text of the amendments and (or) additions made through the web portal to the suppliers who have received the tender documentation on the web portal.
The final deadline for submitting applications for participation in the competition shall be extended for a period of five to ten calendar days.
318. In the event of a second tender, the tender organizer shall, at least ten calendar days before the final date of submission of applications for participation in the tender, post on the web portal the text of the announcement of the second tender, provided that the tender documentation of the failed tender shall be unchanged, except for the term of the contract due to the second tender.
319. From the date of placement of the announcement of the competition, everyone shall be given the opportunity to receive tender documentation on the web portal.
320. It shall not be allowed to provide tender documentation until the moment of notification of the tender on the web portal.
321. A potential supplier with legal capacity, which shall be solvent and has material and labor resources, claims to participate in the competition.
322. The application for participation in the tender shall be submitted in the form of an electronic document through the web portal before the end of the final deadline for its submission specified in the tender documentation and shall be a form of expressing the consent of the potential supplier with the conditions established by the tender documentation, as well as the consent of the potential supplier to receive information about it confirming compliance with the requirements of the qualification and tender documentation for the choice of the supplier provided for by these Rules.
323. The application for participation in the tender, submitted to the organizer by a potential supplier who has expressed a desire to participate in the tender, must contain the documents listed in the tender documentation.
324. Applications submitted by potential suppliers shall be automatically registered on the web portal.
325. A application shall be deemed accepted when the web portal automatically sends a notice to the applicant.
326. The potential supplier shall submit only one application for participation in the competition, in case of breakdown by lots - in the lot.
327. The applicant shall not be entitled to participate in the tender and the applicant's application shall be automatically rejected by the web portal in the following cases:
1) a potential supplier has previously submitted an application for participation in this tender;
2) the application for participation in the competition has received on the web portal after the final deadline for accepting applications for participation in this competition has expired;
3) close relatives, spouse or property of the first managers of this potential supplier and (or) an authorized representative of this potential supplier shall participate in the decision to select a supplier or shall be a representative of the customer or the organizer of the competition in held tenders;
4) the head of a potential supplier applying for participation in the tender shall be associated with the management, establishment, participation in the authorized capital of legal entities in the register of unscrupulous participants in public procurement, the list of unscrupulous suppliers (potential suppliers);
5) the head of a potential supplier applying for participation in the tender shall be an individual engaged in entrepreneurial activities, included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
6) a potential supplier whoshall be an individual carrying out business activities, applying for participation in the tender, shall be the head of a potential supplier who is included in the register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
7) a potential supplier shall consist of a register of unscrupulous participants in public procurement, a list of unscrupulous suppliers (potential suppliers);
8) the potential supplier has unfulfilled obligations under the executive documents and shll be included by the authorized body implementing the state policy and state regulation of activities in the field of ensuring the execution of executive documents in the Unified Register of Debtors.
9) the presence of tax arrears and arrears on mandatory pension contributions, mandatory professional pension contributions and social contributions in the amount exceeding the six-time monthly calculation indicator established for the corresponding fiscal year by the law on the republican budget;
10) the potential supplier shall not be a resident of the Republic of Kazakhstan;
11) the property of a potential supplier whose book value shall exceed ten percent of the value of the relevant fixed assets has been seized;
12) potential supplier, and/or their manager shall be included in the list of organizations and persons related to the financing of terrorism and extremism, in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
13) be subject to bankruptcy or liquidation proceedings.
328. The validity period of the application for participation in the tender submitted by the potential supplier for participation in the tender shall be at least sixty calendar days from the date of opening of applications for participation in the tender and must correspond to the period established by the tender documentation.
329. Any amendment or withdrawal of a application by a potential supplier shall be made at any time before the final deadline for submission of applications.
Withdrawal of the application for participation in the competition after the final deadline for their submission shall not be allowed.
330. The presentation of individual documents required in accordance with the tender documentation by a potential supplier shall be carried out through the receipt of documents by contacting state information systems and (or) state databases, or by filling out an electronic form using a web portal.
331. The applicant shall post a application on the web portal containing the following documents before the final deadline for their submission:
1) application for participation in the tender, drawn up in Kazakh and Russian, of a potential supplier in accordance with Annexes 4, 5 to the Standard tender documentation, indicating the validity period;
2) securing an application for participation in the competition in the form of money in the electronic wallet of a potential supplier or an electronic bank guarantee in the amount of one percent of the amount allocated for the purchase of goods;
3) terms of reference to the tender documentation for the selection of the supplier in accordance with Annex 3 to the Standard tender documentation.
4) information on the qualification of a potential supplier in the form according to Annex 6 to the Standard tender documentation.
332. The amount of security for the application for participation in the competition, calculated in tyins, shall be rounded. In this case, the amount of less than fifty tiyn is rounded to zero, and the amount equal to fifty tiyn and higher shall be rounded to one KZT.
333. The application for participation in the tender shall be made separately for each lot or for the total amount of the tender lots in which the potential supplier takes part.
If a potential supplier makes an application for participation in the tender in the form of a guarantee cash contribution, which shall be made to the organizer's bank account or to the account provided for by the budget legislation of the Republic of Kazakhstan for organizers who shall be state bodies and state institutions, then it is submitted in the form of an electronic copy of the payment document confirming the guarantee cash contribution. In this case, a guarantee cash contribution is made to the bank account specified in the tender documentation until the final deadline for submitting applications for participation in the tender.
334. Opening of applications for participation in the competition shall be performed automatically by the web portal within five minutes from the expiration of the final deadline for submission of applications for participation in the competition.
335. If only one application for participation in the tender (lot) is submitted for the tender (lot), then such application is also opened and considered in accordance with these Rules.
336. The protocol for opening applications for participation in the competition shall be posted automatically by the web portal at the time of opening them in accordance with Annex 4 to these Rules. In this case, the web portal sends automatic notifications to members of the competition commission, potential suppliers who have submitted applications for participation in the competition.
337. Before the start of the competition, the members of the competition commission, the secretary of the competition commission shall be aware of the approved tender documentation and its Annexes.
338. The Tender committee shall review applications through the web portal in order to identify potential suppliers that meet the qualification requirements and the requirements of the tender documentation.
339. When considering applications for participation in the tender for compliance of potential suppliers with the qualification requirements and requirements of the tender documentation, the tender committee shall:
1) in writing and/or in the form of an electronic document, request materials and clarifications from potential suppliers in connection with their applications in order to simplify the consideration and comparison of applications for participation in the competition;
2) in order to clarify the information contained in the applications for participation in the competition, in writing and (or) in the form of an electronic document, request the necessary information from the relevant individuals or legal entities, state bodies.
340. It shall not be allowed to send a request and actions of the tender commission related to the addition of an application for participation in the tender with missing documents, replacement of documents submitted in the application for participation in the tender, bringing into compliance with improperly executed documents.
The competition committee shall consider the application for participation in the competition as meeting the requirements of the tender documentation, if it contains grammatical or arithmetic errors that can be corrected without affecting the essence of the submitted application.
341. In order to clarify the compliance of potential suppliers with qualification requirements in terms of their non-involvement in the bankruptcy procedure or liquidation, the tender commission shall consider information posted on the Internet resource of the authorized body that monitors the bankruptcy or liquidation procedures.
342. Based on the results of consideration of applications for participation in the competition, the competition committee within five working days from the date of opening of applications for participation in the competition shall:
1) identify potential suppliers who meet the qualification requirements and requirements of the tender documentation, recognize as participants in the tender;
2) apply and calculate the criteria;
3) draw up a protocol on the results of the tender in accordance with Annex 5 to these Rules.
343. The decision of the competition committee shall be made by voting through the web portal and is considered accepted if more members of the competition committee voted for it from the total number of members of the competition committee. In case of equality of votes, a decision is considered adopted, for which the chairman of the competition commission voted.
In case of disagreement with the decision of the competition committee, any member of this competition committee expresses his opinion, which isshall be posted on the web portal in the form of an electronic copy of the document.
If there is no signature of any member of the tender committee, a document or information containing the reason for the absence of the signature is posted on the web portal in the relevant protocols of the tender committee by the secretary of the tender committee.
344. The tender results protocol shall contain the following information:
1) on the requests of the tender commission in accordance with Paragraph 339 of these Rules;
2) on potential suppliers whose applications for participation in the tender have rejected, with a detailed description of the reasons for their rejection, including indicating information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation;
3) on the application of criteria by the tender commission.
345. The Tender committee shall recognize the submitted security of the application for participation in the tender that shall not meet the requirements of the tender documentation, in cases:
1) insufficient validity period for securing an application for participation in the competition presented in the form of an electronic bank guarantee;
2) improper registration of the application for participation in the competition, which shall be expressed in the absence of information that shall not allow the tender commission to establish:
the person who issued the security of the application for participation in the competition;
the name and number of the competition, for participation in which the application for participation in the competition shall be made in the form of an electronic bank guarantee;
validity period of the application for participation in the competition, terms of its provision, presented in the form of an electronic bank guarantee and (or) the amount of the application for participation in the competition;
the person to whom the security of the application for participation in the competition has issued;
a person in favor of whom the application for participation in the competition shall be secured;
3) making a security application for participation in the competition in the amount of less than one percent of the amount allocated for the competition (lot).
346. The Promoter shall return the application security to the prospective vendor within three business days of the date of one of the following events:
1) placing an autopsy report in cases of withdrawal by this potential supplier of his application for participation in the competition before the final deadline for submitting applications for participation in the competition;
2) signing a protocol on the results of the competition. The specified case shall not apply to the applicant determined by the winner of the competition;
3) signing a contract by a potential supplier and making a security for the execution of the contract.
347. Securing an application for participation in the competition, made in the form of an electronic bank guarantee, shall not be returned by the tender organizer to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
The application for participation in the competition, entered through an electronic wallet, shall be blocked by a unified operator and shall not be returned to the potential supplier upon the occurrence of one of the following cases:
1) the potential supplier determined by the winner of the tender evaded the conclusion of the contract;
2) the winner of the tender, having concluded the contract, has not fulfilled or improperly fulfilled, including late fulfillment of the requirements established by the tender documentation, on the introduction and (or) timing of the implementation of the contract.
In these cases, the amount of security for the application for participation in the competition shall be credited to the revenue of the corresponding budget.
It shall not be allowed for a potential supplier to perform actions that lead to the emergence of the right of third parties to claim in general or in terms of money in an electronic wallet.
It shall not be allowed for a unified operator to use money in an electronic wallet, except for the cases specified in this Paragraph.
348. A unified operator within five working days from the date of receipt of the application from the customer via the web portal transfers blocked money from the e-wallet of the potential supplier to secure the application for the account indicated in the application of the customer, if the potential supplier evaded the conclusion of the contract or, having concluded the contract, did not make security for the execution of the contract.
349. At the request of a potential supplier to return money placed on his electronic wallet, a unified operator within three working days from the date of receipt of such a claim returns the specified money, in respect of which blocking or blocking has not been terminated.
350. The protocol on the results of the competition shall be signed on the web portal by all members of the competition commission and posted by the secretary of the competition commission on the day of the decision on the results of the competition, on the web portal, with automatic notification of all potential suppliers who submitted applications for participation in the competition.
351. The tender committee in the protocol of the tender results shall indicate the reason for recognizing the submitted security of the application for participation in the tender that shall not meet the requirements of the tender documentation.
352. When forming a protocol on the tender results, the tender committee shall issue points in accordance with the criteria, according to Annex 8 to the Standard tender documentation, in relation to each potential supplier who submitted an application for participation in the tender, except for cases when one application shall be submitted for participation in the tender.
The winner of the competition shall be the potential supplier who scored the most points.
If one potential supplier who submitted an application in accordance with the requirements of the tender documentation and meets the standards of these Rules participated in the tender, then he is recognized as the winner of the tender.
353. If two or more potential suppliers scored the same number of points, the applicant who scored the most points according to the criterion "experience in the goods market over the past 5 years" according to Annex 8 to the Standard tender documentation shall be recognized as the winner.
If the number of points on the experience of work is equal, the applicant is recognized as the winner, the application for participation of which has been received earlier than applications for participation in the competition of other potential suppliers.
354. The competition shall be recognized by the organizer of the competition as invalid in cases:
1) absence of submitted applications;
2) if no potential supplier is allowed to participate in the tender;
3) the winner of the tender evaded the conclusion of the contract, if this supplier is the only participant in the tender.
355. When the competition shall be declared invalid, the organizer of the competition announces the re-holding of the competition in accordance with paragraph 30 of these Rules.
When the potential supplier appeals against the actions (inaction), the decision of the customer, the organizer, the tender commission to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the placement of the announcement of the repeated tender shall be suspended until the deadline for consideration of the complaint.
Footnote. Paragraph 355 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).356. If the tender winner evades the conclusion of the contract, with the participation of two or more potential suppliers in the tender, the tender commission decides to conclude an agreement with a potential supplier following the number of points scored for the tender winner in accordance with the criteria for choosing suppliers of goods and within two working days sends him an agreement certified by electronic digital signature through the web portal.
The potential supplier shall sign the contract with an electronic digital signature within three working days from the date of receipt of the contract.
357. In order to ensure uninterrupted activities of the customer to organize meals for pupils and students, the latter extends for the period until the entry into force of the contract with the winner of the tender, the validity of the contract with the current supplier by direct conclusion of the contract in the absence of violations by the supplier.
In case of the supplier's refusal to extend the term of the contract, the presence of violations by the supplier, the contract shall be concluded with the potential supplier who took the second, third, fourth, and so on, in order of priority, a place at the previous tender, for the period before the entry into force of the contract with the winner of the tender.
In case of the supplier's refusal to extend the contract, the presence of violations on the part of the supplier, refusal to conclude a contract or the absence of a potential supplier who took the second, third, fourth, and so on, in order of priority, a place in the previous contest, the tender organizer, the customer decides to involve the supplier supplying the goods, meeting qualification requirements and having experience in the supply of goods in educational organizations for at least 2 years.
At the same time, such purchases shall be carried out in an amount not exceeding the volume of purchases of such goods necessary to meet the customer's needs during the tender period, but not more than two months.
In case of appeal against the results of the competition, the decision of the authorized body, the contract is extended for the period of appeal.
358. The customer, the organizer of the tender, within two working days, places information about the supplier of goods on the Internet resource of the customer, the organizer of the tender.
359. If the second tender is declared invalid in accordance with Paragraph 354 of these Rules, the tender customer shall decide to attract, by direct conclusion of the contract, a supplier supplying food products that meets the qualification requirements and has at least 2 years experience in supplying goods to the education organization.
Within two working days from the date of the decision to engage the supplier, the Organizer shall send an invitation via the web portal to the potential supplier identified by the customer in accordance with Annex 7 to the Rules.
If a potential supplier agrees, the potential supplier shall send its confirmation of participation to the customer by means of the web portal within five calendar days with the attachment of supporting documents on work experience in accordance with Annex 8 to the Standard tender documentation.
Within three working days from the date of receipt of the confirmation of participation, the Customer shall send to the prospective supplier a draft contract certified by electronic digital signature through the web portal.
The draft contract shall be certified by the potential supplier by means of an electronic digital signature within three working days from the date of receipt of the draft contract.
360. The potential supplier shall not be allowed to participate in the tender, cannot be recognized as a participant of the tender, the winner of the tender, if:
1) it shall be defined as not meeting the qualification requirements on the following grounds:
failure to submit, as well as submission of incomplete information on qualification for tender documentation;
non-compliance of a potential supplier with qualification requirements in terms of possession of material and labor resources sufficient to fulfill obligations under the contract specified in the tender documentation;
the fact of submission of false information on qualification requirements has been established;
2) if his application for participation in the tender is determined not meeting the requirements of the tender documentation on the following grounds:
failure to submit the terms of reference;
submission by a potential supplier of a technical assignment that shall not meet the requirements of the tender documentation, as well as failure to submit documents required by the technical assignment;
failure to provide the application for participation in the tender in accordance with the requirements of the tender documentation and these Rules;
established the fact of submission of inaccurate information on the documents submitted in the tender application.
361. Appeals against actions (inaction), decisions of the customer, organizer, commissions shall becarried out by the supplier if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier.
When appealing to the authorized body no later than five working days from the date of placement of the protocol on the results of the tender, the term of conclusion of the contract is suspended until the end of the term of consideration of the complaint. The appeal of persons who has not taken part in the competition shall not suspend the term of conclusion of the contract.
362. The complaint shall be considered within the framework of electronic state audit, office control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.
363. No later than one working day from the date of receipt of the complaint, the authorized body shall send a notification to the customer about the suspension of the conclusion of the contract.
364. A complaint about actions (inaction), decisions of the customer, organizer of the tender, commissions to the authorized body shall contain the name, location of the legal entity, actions (inaction), decisions of which shall be appealed, name, location of the person who filed the complaint, information about the tender, appealed actions (inaction), decisions of the customer, organizer of the tender, commissions. Documents supporting the arguments of the person who filed the complaint may be attached to the complaint.
The complaint shall be signed by the person submitting it or his representative. A power of attorney or other document certifying the authority of the representative shall be attached to the complaint filed by the representative.
365. The complaint shall be returned to the person submitting it without consideration within two working days from the date of receipt if:
1) the complaint shall not comply with the norms established by Paragraph 364 of these Rules;
2) the complaint shall not be signed or signed by a person who does not have the authority to sign it.
366. The protocol on the results of the tender shall be the basis for concluding an agreement on the supply of goods. The contract for the supply of goods (hereinafter referred to as the contract) shall be concluded between the customer and the supplier.
367. Within three working days after the expiration of the appeal against the protocol on the results of the tender, the customer shall send to the potential supplier a signed contract for the supply of goods drawn up in accordance with the Standard contract for the Supply of goods in accordance with Annex 10 to the Standard tender documentation.
368. The contract shall be concluded according to the approved individual financing plan for obligations for the corresponding fiscal year within the allocated funds and, in the absence of violations by the supplier, shall be extended by direct conclusion of the contract twice for subsequent fiscal years.
Extension of the contract validity period shall be carried out in accordance with the purchase plan for goods within 3 working days from the date of expiration of the contract.
When changing the number of pupils and students provided with food, amendments shall be made to the contract.
Amendments and/or additions to the purchase plan of goods in terms of price amendments shall be made in accordance with the inflation rate for the current period and within the average price of goods on the public procurement portal.
When amendments and/or additions are made to the purchase plan, amendments and/or additions shall be made to the current contract for the current fiscal year without conducting competitive procedures.
Footnote. Paragraph 368 as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 10.08.2022 No. 359 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).369. Within three working days from the date of receipt of the contract, the Supplier shall sign and return to the tender organizer the signed contract for the supply of goods.
370. The Supplier shall, within ten working days from the date of conclusion of the contract, provide security for the execution of the contract.
In this case, the customer within two working days from the date of expiration of the term for making security for the execution of the contract sends a notification to the supplier of his intention to terminate the contract. If the supplier has not made any security for the execution of the contract within three working days from the date of receipt of the notice of intention to terminate the contract, the customer shall send a notice of termination of the contract.
371. All disputes arising during the performance of contractual obligations shall be resolved in accordance with the civil legislation of the Republic of Kazakhstan.
372. In cases where the supplier selection procedures carried out within the framework of the preliminary annual acquisition plan are completed before the approval of the relevant budget, the contract shall be sent to the winner within five working days from the date of approval of the relevant budget.
373. A potential supplier that has not signed the contract within the specified period shall be considered to have evaded the conclusion of the contract.
374. If the potential supplier recognized as the winner and the potential supplier who took the second place, within the time frame established by the Rules, has not submited the signed contract to the customer and (or) has not made security for the execution of the contract, the tender organizer, in accordance with the Rules for the formation of a list of unscrupulous suppliers (potential suppliers), shall not later than thirty calendar days file a lawsuit to recognize such supplier as an unscrupulous supplier.
375. If a potential supplier identified by the winner who evaded the conclusion of the contract is recognized, the organizer holds the security for the application for participation in the competition.
376. If the applicant determined by the winner has not submitted the signed contract to the customer, has not made security for the execution of the contract within ten business days from the date of receipt of the contract, the customer shall, after three working days from the date of receipt of the supplier's notice of termination of the contract, submit the contract to the applicant who took the second place. The contract shall be signed by the potential second-place supplier within three working days from the date of submission of the contract.
If the potential second-place supplier has not signed the contract signed by the customer within the specified time, the customer shall make a second tender.
377. An agreement cannot be concluded when a decision is made by the financial authorities to cancel the decisions of the organizer and the competition commission adopted in violation of these Rules, or to cancel the competition before the conclusion of the agreement, including during the period of appeal by the organizer of such a decision of the authorized body.
378. If the authorized body cancels the decisions of the organizer and the competition commission or the competition (lot), the competition organizer shall post it on the web portal within 3 working days from the date of receipt of the decision of the authorized body. Within 3 working days from the date of placement of the decision of the authorized body, the organizer of the competition reviews the results of the competition or posts an announcement of the competition on the web portal.
379. The amount of security for the execution of the contract is established by the organizer of the tender in the amount of three percent of the total amount of the contract.
380. The supplier can choose one of the following types of contract enforcement:
1) a guarantee cash contribution, which shall be made to the bank account of the customer or to the account provided for by the budget legislation of the Republic of Kazakhstan;
2) bank guarantee.
The Customer shall return to the Supplier the security of the contract performance within five working days from the date of the Supplier's full and proper performance of its obligations under the contract.
381. Documents on the execution of the contract (act of acceptance and transfer of goods, invoice) shall be executed in electronic form.
The Contract shall be deemed fulfilled provided that the Customer and the Supplier have fully fulfilled their obligations hereunder.
The contract for the delivery of goods shall be executed in the following sequence:
1) delivery of the goods to the destination of the goods with the provision of the original invoice;
2) execution by the supplier of an act of acceptance and transfer of goods through a web portal with the attachment of an electronic copy of the invoice, confirming the fact of delivery of the goods;
3) acceptance of goods by the customer;
4) execution of an electronic invoice issued through the electronic invoice information system, in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system;
5) payment by the customer for the delivered goods.
382. The Supplier shall send to the Customer, by means of the web portal, a certificate of goods acceptance approved by an electronic digital signature in accordance with Annex 8 to these Rules and fill in the information on the goods.
383. The Customer shall, no later than three working days from the date of receipt on the web portal of the notification of the supplier's registration of the certificate of acceptance and transfer of goods, fill out the information under the contract in the certificate and sign it with an electronic digital signature or refuse to accept the goods with the indication of reasoned justifications.
form
| I hereby approve: __________________________ (specify full name Customer and last name, first name, patronymic (if any) of its official |
_____ Purchase plan for services and/or goods
Name of the customer (in Kazakh) ______
Name of the customer (in Russian) ________
General information
Customer's BIN | For government agencies | Name of the customer | financial year | |
GU code | Budget type | |||
1 | 2 | 3 | 4 | 5 |
Purchase plan for services and/or goods
№ | Plan item type | Budget program administrator | Program * | Subroutine * | Specificity * | financing source | Type of purchase item |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Item code, services | Description of purchased goods, services | Brief description (description) of goods, services | method of procurement | unit of measure | Total quantity, volume | Unit price, KZT | Amount approved for purchase, KZT |
9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
Planned procurement announcement date (Month) | Delivery of goods, services (in Kazakh) | Delivery of goods, services (in Russian) | КАТО | Place of delivery of goods, services (in Kazakh) | Place of delivery of goods, services (in Russian) | Down payment amount,% | Vendor characteristic |
17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 |
General information:
1) Customer BIN field - business identification number (twelve-digit code) of the organization specified in the certificate of state registration (re-registration) of the legal entity;
2) the "GU code" field - the code of the state institution (seven-digit code) assigned by the central authorized body for budget execution shall be indicated;
3) field "Type of budget" - the value indicating the type of budget at the expense of which the state institution (republican budget; the regional budget, the budget of the city of republican significance, the capital; district budget, cities of regional significance);
4) "Customer name" field - the full name of the organization shall be indicated;
5) "Fiscal year" field - the fiscal year for which the plan for the purchase of services and (or) goods for the _____ year shall be drawn up.
Purchase plan for services and/or goods:
1) Field "No." - identification code of state procurement determined by the web portal;
2) Plan item type field - specify one of the following plan item type values:
Purchases not exceeding the fiscal year;
Purchases exceeding the fiscal year;
Purchases against notional savings;
3) Administrator code field - specify the code of the Budget program administrator assigned by the central authorized budget planning body;
4) the "Program" field - the code of the budget program of the functional classification of expenses within which the purchase of services and (or) goods shall be carried out shall be indicated;
5) field "Subprogram" - the code of the budget subprogram of the functional classification of expenses within which the purchase of services and (or) goods shall be carried out shall be indicated;
6) "Specificity" field - specify the specificity code of the economic classification of expenses within which the purchase of services and (or) goods shall be carried out;
7) field "Source of financing" - it shall be necessary to specify the source of financing for the purchase of services and (or) goods from the drop-down list:
at the expense of money from the sale by state institutions of goods (works, services) remaining at their disposal;
at the expense of funds of sponsorship and charitable assistance;
through transfers to local governments;
8) field "Type of subject of procurement" - the type of subject of purchase of services and (or) goods (goods, service) shall be specified;
9) field "Product code, services" - specify the product code, services in accordance with the reference book of goods, services;
10) field "Name of purchased goods, services" - specify the name of purchased goods, services in accordance with the entered value in the field "Code of goods, services";
11) field "Brief description (description) of goods, services" - a brief description (description) of purchased goods, services in accordance with the entered value in the field "Product code, services" shall be indicated;
12) field "Procurement method" - specify the procurement method;
13) field "Unit of measure" - specify the unit of measure of the purchase object in accordance with the entered value in the field "Item code, services";
14) "Total quantity, volume" field - specify the total quantity or volume of purchased goods, services;
15) field "Price per unit, KZT" - the price per unit of the subject of procurement in KZT shall be indicated;
16) field "Total amount (approved for purchase), KZT" - is calculated by multiplying the value of the field "Total quantity, volume" by the value of the field "Price per unit, KZT" and indicates the amount by which the purchase is planned;
17) field "Planned date of procurement announcement (month)" - specify the month in which the purchase of services and (or) goods shall be planned;
18) field "Delivery time of goods, provision of services (in Kazakh language)" - the delivery time of goods, provision of services in Kazakh language shall be indicated;
19) field "Delivery time of goods, provision of services (in Russian)" - specify the delivery time of goods, provision of services in Russian;
20) field "KATO" - the code of the settlement shall be indicated in accordance with the reference book "Classifier of administrative-territorial objects" in numerical value;
21) the field "Place of delivery of goods, provision of services (in the Kazakh language)" - the place of delivery of goods, provision of services in the Kazakh language shall be indicated;
22) field "Place of delivery of goods, provision of services (in Russian)" - specify the place of delivery of goods, provision of services in Russian;
23) field "Advance payment amount,%" - specify the amount of the planned advance payment;
24) field "Supplier characteristic" – shall indicate the sign of purchasing for certain categories of potential suppliers.
Annex 2 to the Rules
For catering organization
students in state organizations
of secondary education,
out-of-school organizations additional
education, a also purchases of goods,
related to the provision of nutrition for children,
those brought up and studying in state preschool
organizations education for orphans and
children left without parental care,
technical and professional organizations,
post-secondary education
form
| I hereby approve: ____________________________ (full name of the organizer ____________________________ (Full name of the approver tender documentation) Decision No. ___ Date of ___ |
Vendor selection standard application documents
_________________________________________________________________
(indicate the name of the tender, lot with the name of the organization of education)
Customer (not specified for organizers acting in the same person as the customer)
_______________________________________________________________________
(name, location, BIN, bank details)
The organizer of the competition _____________________________________________
(indicate the full name, location of the customer, BIN, bank details, contact numbers, email and postal address)
Secretary of the Competition committee _____________________________________________
(indicated by initials (if any), position, telephone, e-mail)
1. General provisions
1. A tender shall be held to select a supplier _______________________
(specify the name of the services or goods).
2. The amount allocated for this tender (lot) for the purchase of services or goods KZT____________________ (if divided into lots, the amount shall be indicated for each lot separately), including VAT (indicate the amount of VAT in figures and words )/excluding VAT.
3. This tender documentation shall include:
1) the list of categories of recipients of services according to the form according to Annex 1, when choosing a supplier of goods, the list of purchased goods according to the form according to Annex 2 to this Standard tender documentation;
2) terms of reference to the tender documentation for the selection of the service provider (with the application of a perspective menu approved by the educational authority and complying with the norms established by the legislation of the Republic of Kazakhstan) or food for students in secondary education organizations, extracurricular organizations of additional education, as well as goods related to the provision of food for children raised and studying in state preschool organizations, educational organizations for orphans and children left without parental care, organizations of technical and vocational, post-secondary education in accordance with Annex 3 to this Standard tender documentation;
3) application for participation in the competition for individuals and legal entities according to the forms according to Annexes 4, 5 to this Standard tender documentation;
4) information on qualification of a potential supplier according to the form according to Annex 6 to this Standard tender documentation;
5) criteria for selecting a service or goods provider in accordance with Annexes 7, 8 to this Standard tender documentation;
6) Standard contract for the provision of services according to Annex 9 and Standard contract for the supply of goods according to Annex 10 to the Standard tender documentation.
4. A potential supplier who has expressed a desire to participate in the competition shall submit, with an application for participation in the competition, the provision of an application for participation in the competition in the amount of one percent of the amount allocated for the purchase of services or goods in one of the following forms:
1) money in the electronic wallet of a potential supplier;
2) electronic bank guarantee.
The Applicant shall post on the web portal a package of documents according to these Rules before the deadline for submission of applications.
form
List of categories of service recipients
Competition for _______________________________________________________
(indicate the full name of the organizer of the competition)
Lot No. | |
Total amount per lot in KZT (specify the amount) excluding VAT | |
Terms of service provision | |
Place of service provision | |
Total pupils and students | |
including the number of pupils and students feeding at the expense of funds from the state budget | |
Of these: | |
The number of children provided with food at the expense of funds from the state budget in accordance with the Decree of the Government of the Republic of Kazakhstan dated January 25, 2008 No. 64 "On approval of the Rules for the formation of, the direction of spending and accounting of funds allocated for the provision of financial and material assistance to students and pupils of state educational institutions from families, entitled to receive state targeted social assistance, as well as from families, not receiving state targeted social assistance, in which the average per capita income shall be lower than the subsistence level, and children - orphans, children left without parental care, living in families, children from families requiring emergency assistance as a result of emergency situations, and other categories of students and pupils "(hereinafter referred to as the PP No. 64 dated January 25, 2008) | |
others (specify category and number of children) | |
The cost of meals per child's 1 per day (in KZT) | |
the cost of nutrition for children provided with food at the expense of funds from the state budget agreement of the Republic of Kazakhstan No. 64 of January 25, 2008 | |
food costs for other categories (specify category and cost) | |
School camp | |
Number of children in school camp | |
including the number of pupils and students feeding at the expense of funds from the state budget | |
Of these: | |
number of children provided with food at the expense of funds from the state budget in accordance with PP RK No. 64 dated January 25, 2008 | |
others (specify category and number of children) | |
The cost of meals per child's 1 per day (in KZT) | |
the cost of nutrition for children provided with food from the state budget in accordance with the Republic of Kazakhstan No. 64 dated January 25, 2008 | |
food costs for other categories (specify category and cost) | |
Note:
Date
| Annex 2 to the Standard tender documentation at the choice of the service provider or goods by organization nutrition |
|
| of students in organizations secondary education, out-of-school organizations additional education, a also a supplier of goods, related to collateral nutrition of children brought up and students |
|
| in preschool organizations, education organizations for orphans and children left without parental care, technical and professional, post-secondary education |
form
List of goods purchased
Competition for __________________________________________________________
(specify full name)
Lot № | Name of the customer | description of goods | unit of measure | Quantity, volume |
1 | 2 | 3 | 4 | 5 |
(In the case when the characteristics of the goods shall be described in the terms of reference, this column indicates the short name of the goods and a link to a specific section of the terms of reference for each item) |
continuation of the table
terms of delivery | Delivery time of goods | Place of delivery of goods | Down payment amount,% | Amount allocated for purchase (for lot No.), KZT | Including budget funds |
6 | 7 | 8 | 9 | 10 | 11 |
* The full description and characteristics of the goods shall be specified in the terms of reference
Date
| Appendix 3 to the Standard tender documentation at the choice of the service provider or goods by organization nutrition |
|
| of students in organizations secondary education, out-of-school organizations additional education, a also a supplier of goods, related to collateral nutrition of children brought up and students |
|
| in preschool organizations, education organizations for orphans and children left without parental care, technical and professional, post-secondary education |
Technical specification for the tender documentation for the selection of a supplier
Footnote. Appendix 3 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated December 7, 2022 No. 490(shall come into effect ten calendar days after the day of its first official publication).
Procurement number: | |
Name of the tender: | |
Lot number | |
Lot name | |
The total amount per lot in KZT (indicate the amount) excluding VAT | |
Catering service. This technical specification describes the qualitative and quantitative characteristics that the catering service for pupils and students in ___________________________________________ (indicate the name of the educational organization) must comply with. | |
Total number of pupils and students | |
including the number of pupils and students provided with government-funded meals | |
Of these: | |
The number of children provided with government-funded school meals from the state budget in accordance with DG of the RK No. 64 dated January 25, 2008 | |
others (indicate the category and number of children) | |
Cost of meals for 1 child per day (in KZT) | |
cost of meals for children provided with government-funded school meals from the state budget in accordance with DG of the RK No. 64 dated January 25, 2008 | |
cost of meals for other categories (indicate category and cost) | |
School camp | |
Number of children in school camp | |
including the number of pupils and students provided with government-funded meals | |
Of these: | |
the number of children provided with government-funded school meals from the state budget in accordance with DG of the RK No. 64 dated January 25, 2008 | |
others (indicate the category and number of children) | |
Cost of meals for 1 child per day (in KZT) | |
the cost of meals for children provided with government-funded school meals from the state budget in accordance with DG of the RK No. 64 dated January 25, 2008 | |
cost of meals for other categories (indicate category and cost) | |
The main goals and objectives when organizing children catering in ______ (indicate the name of the educational organization) shall be to provide students with a balanced diet that meets age-related physiological needs for nutrients and energy.
Student catering shall be provided in ______________ (indicate the place where meals for students will be organized, in the dining room and (or) in the buffet).
The service provider shall manage the work of the catering unit and its staff and also ensure compliance with meal preparation technology, meal storage, portion yield standards, distribution of products and dishes to students and quality control of delivered products, compliance with the rules for their storage and sale.
The service provider shall ensure compliance with regulatory legal acts in the field of sanitary and epidemiological well-being of the population in the catering department, in production and on warehouse premises.
In urban schools, the service provider, within one month from the date of entry into force of the contract, shall install a video surveillance system in the catering unit of the canteen where meals are prepared and provide the Customer with access to video streams of the cooking process in real-time with a video source (video cameras) distributed by the video surveillance system installed on site. Materials recorded by the video surveillance system shall be stored in the educational organization for the next 10 working days. Upon expiration of the contract, this equipment shall remain the property of the supplier.
The service provider shall ensure the acceptance of payments in the canteen in accordance with regulatory legal acts in the field of tax legislation.
In urban schools, the service provider shall introduce a cashless payment system for students with the installation of special equipment and software within two months from the date of entry into force of the contract. Upon expiration of the contract, this equipment shall remain the property of the supplier.
The sale of dishes, buffet products, drinks, and bottled water shall be carried out in accordance with the requirements of the technical specifications for the tender documentation.
When organizing meals, accounting and fiscalization of school students’ visits to the canteen shall be carried out through an information platform integrated with the educational system, or through the educational system.
On the platform (system), a menu is posted daily with prices, and photos of dishes, and functionality is provided for automatically informing parents about the catering of students in the school canteen, assessing the quality of services and the adequacy of the menu by students and their parents.
The Supplier shall provide conditions for maintaining a log of organoleptic assessment of the quality of dishes and culinary products (rejection) by an educational organization in accordance with the requirements of regulatory legal acts in the field of sanitary and epidemiological well-being of the population.
The Supplier shall provide information related to the organization of meals for students daily and at the request of the Customer for posting on the website of the educational organization (menu with photos of dishes, names, and prices).
The Supplier shall provide access to the catering unit for members of catering quality monitoring commissions and interdepartmental expert groups for meal quality control
The consumer properties of dishes, food products and culinary products, their organoleptic properties, technologies and manufacturing conditions must comply with the technical regulations of the Eurasian Economic Union in terms of food safety for children.
When delivering meals from the basic school catering organization to the canteen and (or) buffet _________________________________________________________
(indicate the name of the educational organization), specialized containers (thermal containers) shall be used to ensure that the appropriate temperature is maintained. Hot meals during the educational process shall be provided to students: for the first shift at _____, ______, ______, _______(indicate time and (or) breaks), for the second shift at _____, ______, ______, _______(indicate time and (or) breaks). During the summer school camp, it shall be provided at _____, ______, ______, _______ (indicate the time and name of the meal).
The meal schedule for students and pupils shall be established in accordance with the established diet approved by the head of the educational organization _______ (indicate the last name, first name, patronymic (if any) of the head).
It is necessary to create conditions for the sale of buffet products that comply with regulatory legal acts in the field of sanitary and epidemiological well-being of the population.
Sales of ready culinary products and food products shall be carried out at ______ (indicate the opening hours of the dining room and (or) buffet).
The service provider shall monthly provide_________ (last name, first name, patronymic (if any) to the head of the secondary education organization) information:
– about the list of food products used for students with the attachment of documents certifying their quality and safety;
– on the conformity of the quantitative and qualitative composition of catering workers indicated by them during the tender period.
The Supplier must have the assortment list of manufactured products approved by the Customer in accordance with the requirements of regulatory legal acts in the field of sanitary and epidemiological well-being of the population.
The actual diet shall correspond to the prospective menu.
For certain categories of students (indicate categories of students), light (dietary) meals shall be organized.
Educational organizations shall create the necessary conditions for students to eat the food they bring with them.
The service provider shall ensure the availability of a unified file cabinet (technological maps) for preparing dishes in catering units to ensure compliance with the cooking technology and compliance with the calorie content of the ready meals.
Meals preparation shall be carried out using a card index of dishes, which reflects the layout of products, the yield of dishes, information about the technology of preparing dishes, complete information about the composition of each dish and its nutritional value (content of proteins, fats, carbohydrates, vitamins) and energy value (calorie content) of each dish (culinary product) and each meal in total.
The organization of work to ensure the technological process of preparing dishes and culinary products in the catering unit of the canteen shall be ensured by the production manager.
The catering unit must always have the necessary documentation in accordance with the requirements of regulatory legal acts in the field of sanitary and epidemiological well-being of the population (list magazines: reject magazine of perishable food products and semi-ready products, magazine "C-vitaminization", magazine of organoleptic assessment of the quality of dishes and culinary products, the magazine of results inspection of catering workers, statements of control over the implementation of meals standards for the month, menus, technological maps for prepared dishes, receipt documents for food products, documents confirming the quality of incoming food products (indicate: invoices, certificates of conformity, quality certificates, veterinary and sanitary documents examination, book of reviews and suggestions).
Before starting the service, the Supplier shall have medical records for each catering worker with permission to work.
Before starting the service, the Supplier shall approve the production control plan and provide a copy of the plan with the relevant supporting documents to the customer (organizer).
The Supplier shall ensure the serviceability and timely state verification (for measuring instruments) of existing technological, refrigeration and sanitary equipment, and also organize the delivery of meal products in accordance with the requirements of regulatory legal acts in the field of sanitary and epidemiological well-being of the population.
If the educational organization does not have the necessary technological, refrigeration and sanitary equipment and supplies, the Supplier shall ensure their availability during the provision of the service.
Goods supply. The technical specifications shall provide a complete description and the required functional, technical, and quality characteristics of the purchased goods, which the supplied goods must comply with the warranty period and the place of origin.
In the technical specifications for goods, the description of the functional, technical, and quality characteristics must be divided into appropriate sections containing the limits of functionality, parameters of technical characteristics, and the purpose of the product to determine the best characteristics.
Purchased meal products must comply with the requirements established by the legislation of the Republic of Kazakhstan on meal safety.
Note.
Each characteristic and additional condition for the contractor shall be indicated on a separate line.
Date
Form
Application for participation in the tender (for a legal entity)
To _____________________________________________________________
(name of the tender organizer)
From ___________________________________________________________
(Full name of potential supplier)
1. Information about the potential supplier applying for participation in the tender process
Legal, postal addresses and contact numbers of the potential supplier | |
Bank account details of a legal entity (BIN, BIC) and also the full name and address of the bank or its branch whose client the legal entity is | |
Last name, first name, patronymic (if any) of the first head of the legal entity |
2. ______________________________________________________________
(Full name of the legal entity)
hereby expresses an interest in participating in the tender process
________________________________________________________________
(Full name of the tender process, lot (if any)
as a potential supplier and agrees to provide services or supply goods
________________________________________________________________
(specify as necessary)
in accordance with the requirements and conditions provided for in the tender documentation.
3. ______________________________________________________________
(Full name of the legal entity)
hereby confirms the absence of violations under the laws
4. ______________________________________________________________
(Full name of the legal entity)
confirms its familiarization with the tender documentation and is aware of the responsibility for providing the tender organizer and the tender commission with false information on its legal capacity, qualifications, qualitative and other characteristics of the service provided or goods to be procured
__________________________________________________________________________,
(specify as necessary)
as well as other restrictions provided for by the current legislation of the Republic of Kazakhstan.
__________________________________________________________________________
(Full name of the legal entity)
accepts full responsibility for the presentation of such inaccurate information in this application for participation in the tender process and the documents attached to it.
5. This tender application shall be valid for 60 days.
6. In case of recognition ______________________________________________________
(name of the legal entity)
The winner of the tender undertakes to provide security for the execution of the contract in an amount of at least three percent of the total amount of the contract.
7. This application for participation in the tender is binding on both parties
Date
Form
Application for participation in the tender (for an individual)
To ___________________________________________________________
(name of the tender organizer)
From _________________________________________________________
(last name, first name, patronymic (if any) of the potential supplier)
1. Information about the individual applying for participation in the tender (potential supplier):
Last name, first name, patronymic (if any) of the individual - potential supplier, in accordance with the identity document | |
Registration address of an individual - potential supplier | |
Bank account details of the individual (BIN, BIC) and also the full name and address of the bank or its branch whose client an individual entity is | |
Contact numbers, postal address and email address (if any) of an individual - potential supplier |
2. ____________________________________________________________
(indicate the last name, first name, patronymic (if any) of the individual)
hereby expresses an interest in participating in the tender process
(indicate the full name of the tender, lot (if any)
as a potential supplier and agrees to provide services or supply goods ______________
(specify as necessary)
in accordance with the requirements and conditions provided for in the tender documentation.
3. ____________________________________________________________
(name of potential supplier)
hereby confirms the absence of violations under the laws
4. ____________________________________________________________
(name of potential supplier)
confirms its familiarization with the tender documentation and is aware of the responsibility for providing the tender organizer and the tender commission with false information on its legal capacity, qualifications, qualitative and other characteristics of the service provided or goods to be procured (indicate what is necessary), as well as other restrictions provided for by the current legislation of the Republic of Kazakhstan.
______________________________________________________________
(name of potential supplier)
accepts full responsibility for the presentation of such inaccurate information in this application for participation in the tender process and the documents attached to it.
5. This tender application shall be valid for 60 days.
6. In case of recognition_____________________________________________
(name of potential supplier)
The winner of the tender undertakes to provide security for the execution of the contract in an amount of at least three percent of the total amount of the contract.
7. This application for participation in the tender is binding on both parties.
Date
Information about the qualifications of the potential supplier
Footnote. Appendix 6 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated August 10, 2022 No. 359 (shall come into effect ten calendar days after the day of its first official publication).
(completed by the potential supplier when procuring services)
1. Name of potential supplier ________________________________________
________________________________________________________________
2. To provide catering services to students in secondary education organizations from a potential supplier
______ _________________________________________________________
(indicate the name, surname, first name, and patronymic (if any) of the potential supplier) the required staff is available.
The total number is____ employees, including____ cook(s), ____ production manager, __ nutritionist or dietary nurse _______ other employees, with copies of supporting documents attached:
Last name, first name, patronymic (if any) of the employee | IIN | Education with qualification as a cook (in the field of public catering) (specialized secondary, technical and vocational, higher education) and speciality (diploma, certificate number), rank (certificate number, certificate) | Short-term courses, qualification (certificate number and (or) certificate number) | Position (date, No. (if any) of the supporting document on labour relations in accordance with the Labour Code of the Republic of Kazakhstan indicating the position) |
1 | 2 | 3 | 4 |
3. Volume of services on the service market provided over the previous 5 years
________________________________________________________________
(indicate the name of the potential supplier)
with copies of supporting documents attached
Names of services provided | Names of customers | Place, year of service provision |
4. The potential supplier provides additional information about the available resources to provide the service.
I hereby confirm the accuracy of all information about qualifications.
Date
Information about the potential supplier
(completed by the potential supplier when procuring goods)
1. Name of potential supplier ____________________
2. The volume of goods similar to those purchased at the tender, supplied (produced) by a potential supplier over the previous 5 years, in KZT _______________ with copies of supporting documents attached
Name of product | Names of customers and their phone numbers | Place and date of delivery of goods | Cost of the contract, KZT (indicated at the discretion of the potential supplier) |
I hereby confirm the accuracy of all information.
Date
Criteria for selecting a service provider
Footnote. Appendix 7 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated August 10, 2022 No. 359 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
No. | Criteria | Points | ||
1. | Experience in the service market over the previous 5 years (no more than 5 points) | No (0 points) | Experience in organizing meals for students and pupils of state secondary education organizations – 1 point for every 8 months | Experience in catering at other catering facilities – 1 point for every 12 months |
2. | Availability of a cook with specialized secondary education (upon receipt of an education document before July 27, 2007) or technical and vocational, higher education with a qualification as a cook (in the field of catering) (no more than 10 points) | Secondary specialized education (upon receipt of an education document before July 27, 2007) or technical and vocational education level 3 (1 point) | Secondary specialized education (upon receipt of an education document before July 27, 2007) or technical and vocational education level 4 (2 points) | Secondary specialized education (upon receipt of an education document before July 27, 2007) or technical and vocational education grade 5 or more and (or) higher education (3 points) |
3. | Availability of a nutritionist or dietary nurse with medical education and qualifications in the field of dietetics and (or) medical education with advanced training (retraining) in the field of dietetics (no more than 1 point) | No (0 points) | Yes (1 point) | |
4. | Availability of a production manager with specialized secondary education (upon receipt of an education document before July 27, 2007) or technical and vocational, higher education with a qualification as a technologist (in the field of public catering) (no more than 2 points) | No (0 points) | Yes (2 points) | |
5. | Registration of a potential supplier in the territory of the relevant region, city of republican significance, capital where the tender is held (no more than 2 points) | No 0 points | Yes (2 points) | |
Note:
– with regard to item 1- the presence of work experience for the previous 5 years preceding the current year:
in catering for students and pupils in state institutions of secondary education shall be confirmed by copies of previously concluded contracts, acts of services rendered and invoices for the last month of execution of these contracts, and copies of lease contracts for canteens of state legal entities.
When providing services during the summer holiday months (from June to August), which are specified in the contract (additional contract), certificates of services rendered and invoices for these months shall be additionally provided;
for organizing catering at other catering facilities:
when providing services - copies of previously concluded contracts, certificates of services rendered and invoices for the last month of execution of these contracts, copies of the sanitary and epidemiological report on the compliance of the facility with regulatory legal acts in the field of sanitary and epidemiological well-being of the population;
when organizing catering at other catering facilities - copies of confirming title documents for the catering facility (own unit (attach documents confirming ownership), rent unit, free use, trust management, etc. (additionally attach documents confirming ownership of the lessor, etc.) with the attachment of a sanitary and epidemiological conclusion on the compliance of the facility with regulatory legal acts in the field of sanitary and epidemiological well-being of the population.
In this case, when a service is provided simultaneously during one period in several organizations of secondary education and (or) in the field of public catering, the data shall not be summarized. When providing supporting documents on the provision of services, simultaneously during one period in a secondary education organization and in the field of public catering, work experience in a secondary education organization shall be taken into account. It shall be prohibited to sum up work experience in secondary education organizations and the field of public catering.
– with regard to items 2, 3, and 4: appropriate points shall be assigned when submitting copies of supporting documents on the labour activity of workers with a potential supplier at the time of applying in accordance with the Labour Code of the Republic of Kazakhstan, professional education in accordance with the Law of the Republic of Kazakhstan "On Education", category, as well as a document, identification of a specialist. Documents shall be provided in the form of electronic copies of originals (duplicates) of documents.
If there is an education with the award of a qualification as a cook, the improvement of the qualifications (grade) of a cook shall be confirmed by an electronic copy of the document established by the authorized body of the sample.
If there is medical education, advanced training or retraining in the field of dietetics shall be confirmed by an electronic copy of the document established by the authorized body;
– with regard to item 5, the corresponding points shall be assigned when submitting tax reports for the previous period of the previous year, confirming activities in the territory of the relevant region, city of republican significance, and capital, where the tender is held.
When one employee combines several positions, points shall be assigned only according to one of the criteria.
When providing information about the availability of chefs presented by a potential supplier in previously held tenders, in which the potential supplier was declared the winner and (or) according to the contract, provides service during the current tender and (or) operating in another organization, the tender commission shall not assign points. Checking information about chefs shall be carried out by the tender organizer on the government procurement web portal.
Form
Criteria for selecting a Supplier of goods
Footnote. Appendix 8 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated August 10, 2022 No. 359 (shall come into effect ten calendar days after the day of its first official publication).
No. | Criteria | Points | |
1. | Experience in the market of goods that are the subject of the tender over the previous 5 years | 1 point for every 12 months, but not more than 5 points | |
2. | Availability of a document confirming the status of a domestic manufacturer of the goods that is the subject of the tender (lot) | No (0 points) | Yes (3 points) |
3. | Conditions for the delivery of food products by specialized vehicles (no more than 3 points) | Availability of transport based on a rental contract, free use, leasing, etc. (2 points) | Availability of own transport (3 points) |
4. | Registration of a potential supplier in the territory of the relevant region, city of republican significance, capital where the tender is held (no more than 2 points) | No 0 points | Yes 2 points |
Note:
– with regard to the item, the presence of work experience for the previous 5 years preceding the current year is confirmed by copies of previously concluded contracts indicating the period of delivery of goods, acts of acceptance and transfer of goods for the last month of execution of these contracts.
In this case, when delivering goods simultaneously during one period to several organizations (several customers), the data shall not be summarized;
– with regard to item 2, with the participation of a potential supplier in a combined lot, points shall be awarded upon the provision of a document on the certification of goods by a potential supplier - a domestic manufacturer for at least 20% (twenty percent) of the goods of this tender (lot);
– with regard to item 3, the corresponding points are assigned when submitting documents for the availability of specialized transport that meets the requirements of the Sanitary Rules "Sanitary and Epidemiological Requirements for Vehicles for Transporting Passengers and Cargoes", approved by Order of the Minister of Healthcare of the Republic of Kazakhstan dated January 11, 2021, No. ҚР ДСМ-5 (registered in the State Registration Register of Regulatory Legal Acts under No. 22066), a reference certified by the signature of the potential supplier, in which the potential supplier confirms the compliance of the vehicle with the requirements for specialized vehicles (indicating the technical characteristics of the vehicle, information in the technical passport for the vehicle (No., date of issue, make motor transport, state registration number of motor transport, owner);
– with regard to item 4, the corresponding points are assigned when submitting tax reports for the previous period of the previous year, confirming activities in the territory of the relevant region, city of republican significance, and capital, where the tender is held.
Form
Standard service contract
______________________ "___" ___________ ______ .
(location)
____________________________, referred to as (indicate the full name of the tender organizer) hereinafter referred to as the Customer, represented by _____________ (position, surname, first name, patronymic (if any) of the manager) on the one hand and ______________, (full name of the supplier-successful tenderer), hereinafter referred to as the Supplier, represented by ___________, (position, surname, first name, patronymic (if any) of the manager) acting based on _____ (copy of the Charter and others) on the other hand, based on the protocol on Based on the results of the tender for the selection of a service provider, held on "___"____20___, we hereby entered into this Contract for the provision of services (hereinafter referred to as the Contract) and hereby agree as follows:
1. The Subject of the Contract
1.1. The Supplier undertakes to provide the Service(s) in accordance with the conditions, requirements and at the prices specified in the technical specifications, which are an integral part thereof, and the Customer undertakes to accept the Service(s) provided and pay for it under the terms of this Contract, subject to proper execution by the Supplier of its obligations under the Contract:
for the "Specifics code" specifics - "Brief description of the subject of the Contract for specifics No.";
by specifics "Specifics code" - "Brief description of the subject of the Contract by specifics No."
1.2. The documents listed below and the conditions specified in them shall form this Contract and shall be considered an integral part of it, namely:
1) this Contract;
2) terms of reference;
3) ensuring the execution of the Contract.
1.3. In this Contract, the following concepts shall have the following interpretation:
1) "Force Majeure" - extraordinary and unpreventable events (natural phenomena, military actions and others). Such circumstances shall not include, in particular, the absence on the market of goods needed for execution;
2) "Service" - the provision of high-quality and safe meals to students in secondary education organizations, including the process of production and sale of culinary products and goods;
3) "Customer" - a body or organization of secondary education;
4) "Supplier" - an individual or legal entity engaged in business activities (except for government agencies, unless otherwise established by the laws of the Republic of Kazakhstan), acting as the Customer’s counterparty in the Contract concluded with it;
5) "Contract" - a civil legal act concluded between the Customer and the Supplier, recorded in writing in accordance with the civil legislation of the Republic of Kazakhstan, signed by the parties with all appendices and additions to it, as well as with all documentation for which the Contract contains links;
6) "Contract Price" - the amount paid by the Customer to the Supplier under the Contract for the full fulfilment of its contractual obligations.
The parties shall not be responsible for complete or partial failure to fulfil their obligations under this Contract if it was the result of force majeure.
2. Contract amount and payment terms
2.1. The total amount of the Contract is ______ ("value written out in words") KZT and includes all expenses associated with the provision of services, as well as all taxes and fees provided for by the legislation of the Republic of Kazakhstan, "including VAT "VAT amount" KZT"/"excluding VAT" (hereinafter referred to as the amount of the Contract).
2.2. The Contract is subject to registration with the territorial treasury authority for the year "____"
for the budget program "Code and name of the program", subprogram "Code and name of the subprogram", specifics "code and name of the specifics" - "amount according to the specifics" ("amount according to the specifics in words") KZT, "including VAT" "amount of VAT" KZT /"excluding VAT".
2.3. Payment for the Services provided is made by the Customer by transferring funds to the Supplier's bank account "payment terms" no later than 30 (thirty) calendar days from the date of signing by the Parties of the certificate of Services provided.
The form of the certificate of provision of Services is previously agreed upon by the Supplier with the Customer.
2.4. The volume of services provided in quantitative and cost terms is specified in the terms of reference.
3. Obligations of the Parties
3.1. The Supplier undertakes:
1) ensure full and proper fulfilment of the obligations assumed under the Contract;
2) when fulfilling its obligations under the Contract, ensure that the services provided comply with the requirements specified in the tender documentation and technical specifications;
3) not to disclose, without the prior written consent of the Customer, the contents of the technical documentation provided by the Customer or on his behalf by other persons, except for that personnel engaged by the Supplier to fulfil the terms of the Contract. This information must be provided to this personnel confidentially and to the extent necessary to fulfil obligations;
4) without the prior written consent of the Customer, not to use any of the above documents and information, except to implement the Contract;
5) upon the Customer’s first request, provide information on the progress of fulfilment of obligations under the Contract;
6) compensate the Customer in full for losses caused by the Supplier’s improper fulfilment of the terms of the Contract and/or other illegal actions.
7) draw up and send to the Customer a certificate of services rendered;
8) after the Customer approves the act of services rendered, issue an invoice in electronic form using the electronic invoice information system in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system.
3.2. The Supplier has the right to demand payment from the Customer for the Services provided under the Contract;
3.3. The Customer undertakes:
1) ensure access for the Supplier’s specialists to provide services;
2) if any discrepancies are identified in the Services provided, immediately notify the Supplier in writing;
3) upon acceptance of the Services, sign the Certificate of Services Rendered or refuse acceptance, indicating reasoned reasons for its non-acceptance;
4) after approval of the act of services rendered, accept the invoice issued by the Supplier in electronic form through the electronic invoice information system in accordance with the Rules for issuing invoices in electronic form in the electronic invoice information system;
5) make payment in the manner and within the terms established by this Contract.
3.4. The Customer has the right to check the quality of the Services provided.
4. Checking the Services for compliance with the technical specifications, tender application
4.1. The customer or their representatives may monitor and verify the services provided for compliance with the requirements specified in the tender documentation. The Customer must promptly notify the Supplier in writing of its representatives designated for these purposes.
4.2. The services provided under this Contract must meet or be higher than the standards specified in the technical specifications and tender application.
4.3. If the results of the services provided during the inspection are found not to comply with the requirements of the tender documentation, the Supplier takes measures to eliminate non-conformities with the requirements of the tender documentation, without any additional costs on the part of the Customer, during the "period of elimination of inconsistencies" from the moment of inspection.
4.4. None of the above paragraphs relieves the Supplier from other obligations under the Contract.
5. Provision of Services
5.1. The provision of services by the Supplier shall be carried out within the time limits specified in the Contract.
5.2. The service is considered provided subject to complete delivery by the Supplier of the service to the Customer in strict accordance with the requirements specified in the technical specifications.
6. Warranty
6.1. The Supplier guarantees uninterrupted, high-quality and timely provision of services to the Customer.
6.2. The Customer shall promptly notify the Supplier in writing of any claims under this warranty, after which the Supplier shall take corrective action at its own expense, including all costs associated therewith, within the period specified by the Customer in the notice.
7. Responsibility of the Parties
7.1. If the Parties fail to fulfil or improperly fulfil their obligations under this Contract, all disputes and disagreements shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
7.2. Except for cases of sequestration and/or insufficient money on the cash control account of the relevant budgets, if the Customer does not pay the Supplier the funds due to it within the time limits specified in the Contract, then the Customer shall pay the Supplier a forfeit (penalty) for delayed payments in the amount of 0.1% (zero as much as one) of the amount due for each day of delay. In this case, the total amount of the penalty (fine) shall not exceed 10% of the total amount of the Contract.
7.3. In case of delay in the provision of Services, the Customer withholds (collects) from the Supplier a forfeit (fine, penalty) in the amount of 0.1% of the total amount of the Contract for each day of delay in the event of complete failure by the Supplier to fulfil obligations, or withholds (collects) a forfeit (fine, penalty) in the amount of 0.1% of the number of unfulfilled obligations for each day of delay in case of improper fulfilment (partial non-fulfilment) of obligations. In this case, the total amount of the forfeit (fine, penalty) shall not exceed 10% of the total amount of the Contract.
7.4. In the event of the Supplier’s refusal to provide Services or delay in providing Services for a period of more than one month from the date of expiration of the term for the provision of Services under the Contract, but no later than the expiration date of the Contract, the Customer has the right to terminate this Contract unilaterally with the recovery of the amount of the penalty (fine) from the Supplier, penalties) in the amount of 0.1% of the total amount of the Contract for each day of delay.
7.5. Payment of a forfeit (fine, penalty) shall not relieve the Parties from fulfilling their obligations under this Contract.
7.6. The Supplier shall not transfer its obligations under this Contract to anyone, either in whole or in part.
7.7. The Customer shall not return the security for the performance of the Contract in the event of its termination due to non-fulfilment or improper fulfilment by the Supplier of its obligations under this Contract.
7.8. The Supplier shall be prohibited from carrying out actions that lead to third parties having the right to claim in whole or in part for the security deposit made until the obligations under the Contract are fully fulfilled.
7.9. In case of non-fulfilment or improper fulfilment of its obligations under contracts concluded with the Supplier for the procurement of services, the Customer, in accordance with the Rules for creating a list of unscrupulous suppliers, no later than thirty calendar days from the day when he/she became aware of the fact of violation by the Supplier of obligations, files a claim in court on recognizing such a Supplier as an unscrupulous provider of services related to the provision of children catering.
8. Validity period and conditions for termination of the Contract
8.1. The Contract shall come into force "after its registration by the Customer in the territorial division of the Treasury of the Ministry of Finance of the Republic of Kazakhstan/from the date of signing" and is valid until the year of "______".
8.2. The Contract shall be concluded in accordance with the approved individual financing plan for obligations for the corresponding financial year within the allocated funds and, in the absence of violations on the part of the Supplier, shall be extended twice for subsequent financial years within 3 working days from the date of expiration of the contract.
If the number of pupils and students provided with meals from funds from the state budget changes, changes shall be made to the contract.
8.3. The Customer may at any time unilaterally refuse to fulfil the terms of the Contract by sending the Supplier appropriate written notice if the Supplier becomes bankrupt or insolvent. In this case, the refusal to fulfil the terms of the Contract shall be carried out immediately, and the Customer does not bear any financial obligation concerning the Supplier, provided that the refusal to fulfil the terms of the Contract does not damage or affect any rights to take actions or apply sanctions that were or will subsequently be presented to the Customer.
8.4. When the Contract is cancelled due to the above circumstances, the Supplier has the right to demand payment only for the actual costs associated with termination under the Contract on the date of termination.
8.5. Without prejudice to any other penalties for violation of the terms of the Contract, the Customer may terminate this Contract in whole or in part by sending written notice of default to the Supplier:
1) if the Supplier cannot provide services within the time limits provided for in the Contract, or during the period of extension of this Contract provided by the Customer;
2) if the Supplier cannot fulfil its obligations under the Contract, including if the quantitative and qualitative composition of catering workers specified during the tender period does not correspond;
3) if there is a fact of poisoning of children and adults in the school canteen due to the fault of the service provider, confirmed by the results of inspections carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
8.6. The Contract may be terminated at any stage in the event of:
1) identifying a violation of restrictions, with participation in the tender, provided for by the Rules;
2) the tender organizer provides assistance to the Supplier not provided for by the Rules;
3) the authorized body has facts of violations during the conduct of tender procedures that influenced the results of the tender (instruction, notification, submission, decision) and within 10 working days the Contract is concluded with the winner of the tender in accordance with the acts of the authorized state bodies, except for contracts under which the obligations have been properly fulfilled way.
8.7. The Contract may be terminated by agreement of the parties if its further execution is inappropriate. The notice shall indicate the reason for termination of the Contract, indicate the scope of the cancelled contractual obligations, as well as the effective date of termination of the Contract.
8.8. The term of the Contract shall not be extended in case of detection of systematic violations of the requirements for catering, approved by regulatory legal acts in the field of sanitary and epidemiological well-being of the population, confirmed by three or more acts of commissions for monitoring meals quality, interdepartmental commissions, as well as in case of repeated detection of gross violations by territorial departments of the government agency in the field of sanitary and epidemiological well-being of the population in accordance with the joint order of the Minister of Healthcare of the Republic of Kazakhstan dated June 27, 2017 No. 463 and the Minister of National Economy of the Republic of Kazakhstan dated July 20, 2017 No. 285 "On approval of risk assessment criteria and checklists in the field of sanitary and epidemiological well-being of the population."
When the Contract is cancelled due to the above circumstances, the Supplier shall be paid only for actual costs on the date of termination.
9. Notice
9.1. Any notice that one party sends to the other party in accordance with the Contract shall be sent by prepaid registered mail or by telegraph, telex, facsimile, telefax or through the web portal.
9.2. The notice shall be effective upon delivery or on the specified effective date (if specified in the notice), whichever comes later.
10. Force majeure
10.1. The parties shall not be responsible for failure to fulfil the terms of the Contract if it was the result of force majeure.
10.2. The Supplier shall not be responsible for paying penalties or terminating the Contract due to failure to fulfil its terms if the delay in performance of the Contract is the result of force majeure.
10.3. For the Contract, "force majeure" shall mean an event beyond the control of the Parties and of an unforeseen nature. Such events may include, but are not limited to: acts of war, natural or natural disasters, and others.
10.4. If force majeure occurs, the Supplier must immediately provide the Customer with written notice of such circumstances and their reasons. Unless otherwise written instructions are received from the Customer, the Supplier continues to perform its obligations under the Contract to the extent practical and seeks alternative means of fulfilling the Contract not subject to force majeure.
11. Resolution of controversial issues
11.1. The Customer and the Supplier must make every effort to resolve through direct negotiations all disagreements or disputes arising between them under or in connection with the Contract.
11.2. If within 15 (fifteen) calendar days after the start of such negotiations, the Customer and the Supplier are unable to resolve a dispute under the Contract, either party may demand that this issue be resolved in accordance with the legislation of the Republic of Kazakhstan.
12. Other conditions
12.1. Taxes and other obligatory payments to the budget are subject to payment in accordance with the tax and customs legislation of the Republic of Kazakhstan.
12.2. Any changes and additions to the Contract are made in the same form as the conclusion of the Contract.
12.3. Amendments to the concluded Contract, provided that the quality and other conditions that were the basis for choosing the Supplier remain unchanged, shall be permitted:
1) by mutual Contract of the Parties in terms of improving the menu by the customer (increasing the diet) and accordingly increasing the amount of the Contract by mutual Contract of the parties, subject to the same quality and other conditions that served as the basis for the selection of the supplier;
2) in terms of reducing or increasing the amount of the Contract associated with a decrease or increase in the need for the volume of Services provided (depending on the number of students provided with meals from the state budget), provided that the price per unit of services specified in the Contract remains unchanged.
3) if the Supplier, in the process of executing the Contract concluded with him/her, offered, subject to the unchanged price per unit of service, better quality and (or) technical characteristics that are the subject of the Contract concluded with him/her.
Other changes and additions made to this Contract must comply with the Customer’s tender documentation, the Supplier’s tender application and the Protocol on the results of the tender.
12.4. The Contract shall be drawn up in Kazakh and Russian languages, having equal legal force, and concluded through the web portal. 12.5. To the extent not regulated by the Contract, the Parties are guided by the legislation of the Republic of Kazakhstan.
13. Details of the Parties
Customer | Provider |
"Full name of the Customer" |
"Full name of the Supplier" |
Explanation of abbreviations:
BIN – business identification number;
BIC – bank identification code;
IIC – individual identification code;
IIN – individual identification number;
TIN – taxpayer identification number;
PAN – payer’s account number;
VAT – value added tax;
Full name - last name, first name, patronymic
Standard contract for the supply of goods
______________________ "___" ___________ ______ .
(location)
____________________________, referred to as (indicate the full name of the tender organizer) hereinafter referred to as the Customer, represented by _____________ (position, surname, first name, patronymic (if any) of the manager) on the one hand and ______________, (full name of the supplier-successful tenderer), hereinafter referred to as the Supplier, represented by ___________, (position, surname, first name, patronymic (if any) of the manager) acting based on _____ (Charter and others) on the other hand, based on the protocol on the results tender for the selection of a supplier of goods, held on "___"____20___, we hereby entered into this Contract for the supply of goods (hereinafter referred to as the Contract) and came to an agreement on the following:
1. The Subject of the Contract
1.1. The Supplier undertakes to supply the Goods in accordance with the conditions, requirements and at the prices specified in the technical specifications, which are an integral part thereof, and the Customer undertakes to accept the Goods and pay for them under the terms of this Contract, subject to the proper fulfilment by the Supplier of its obligations under the Contract:
for the "Specifics code" specifics - "Brief description of the subject of the Contract by specifics";
...
for the "Specifics code" specifics - "Brief description of the subject of the Contract for specifics N".
1.2. The documents listed below and the conditions specified in them form this Contract and are considered an integral part of it, namely:
1) this Contract;
2) list of goods to be procured;
3) technical specifications;
4) ensuring the execution of the Contract.
1.3. In this Contract, the following concepts shall have the following interpretation:
1) "Force Majeure" – extraordinary and unpreventable events (natural phenomena, military actions and others). Such circumstances shall not include, in particular, the absence on the market of goods needed for execution;
2) "Customer" – a body or organization of secondary education;
3) "Supplier" - an individual or legal entity engaged in business activities (except for government agencies, unless otherwise established by the laws of the Republic of Kazakhstan), acting as the Customer’s counterparty in the Contract concluded with him/her;
4) "Contract" – a civil legal act concluded between the Customer and the Supplier, recorded in writing in accordance with the civil legislation of the Republic of Kazakhstan, signed by the parties with all appendices and additions to it, as well as with all documentation for which the Contract contains links;
5) "Contract price" – the amount paid by the Customer to the Supplier under the Contract for the full fulfilment of its contractual obligations.
The parties shall not be responsible for complete or partial failure to fulfil their obligations under this Contract if it was the result of force majeure.
2. Contract amount and payment terms
2.1. The total amount of the Contract shall be ______ ("amount in words") KZT and shall include all expenses associated with the provision of services, as well as all taxes and fees provided for by the legislation of the Republic of Kazakhstan, "including VAT "VAT amount" KZT"/"excluding VAT "(hereinafter referred to as the amount of the Contract).
2.2. The Contract is subject to registration with the territorial treasury authority for the year "____"
for the budget program "Code and name of the program", subprogram "Code and name of the subprogram", specifics "code and name of the specifics" - "amount according to the specifics" ("amount according to the specifics in words") KZT, "including VAT "VAT amount" KZT"/"excluding VAT".
2.3. Payment for the delivered Goods is made by the Customer by transferring funds to the Supplier's bank account no later than 30 (thirty) calendar days from the date of signing by the Parties of the Goods acceptance certificate.
2.4. The volume of goods supplied in quantitative and cost terms shall be specified in the terms of reference.
3. Obligations of the Parties
3.1. The Supplier undertakes:
1) ensure full and proper fulfilment of the obligations assumed under the Contract;
2) when fulfilling its obligations under the Contract, ensure that the Goods comply with the requirements specified in the tender documentation and technical specifications;
3) provide packaging for goods that can prevent them from damage or deterioration during transportation to their final destination. The packaging must withstand, without limitation, intensive handling and exposure to extreme temperatures, salt and precipitation during transport and open storage.
When determining the dimensions of packed boxes and their weight, it is necessary to take into account the remoteness of the final delivery point and the availability of powerful lifting equipment at all points of delivery of goods;
4) not to disclose, without the prior written consent of the Customer, the contents of technical documentation provided by the Customer or on his behalf by other persons, except for that personnel hired by the Supplier to fulfil the terms of the Contract. This information must be provided to these personnel confidentially and to the extent necessary to fulfil obligations;
5) without the prior written consent of the Customer, not to use any of the above documents and information, except to implement the Contract;
6) upon the Customer’s first request, provide information on the progress of fulfilment of obligations under the Contract;
7) compensate the Customer in full for losses caused by the Supplier’s improper fulfilment of the terms of the Contract and/or other illegal actions;
8) draw up and send to the Customer a certificate of acceptance and transfer of goods;
9) after the Customer approves the acceptance certificate for the transfer of Goods, issue an invoice in electronic form using the electronic invoice information system in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system.
3.2. The Supplier has the right to demand payment from the Customer for the Goods delivered under the Contract.
3.3. The customer undertakes:
1) provide access to the Supplier’s specialists for the delivery of the Goods;
2) if any inconsistencies or defects in the Goods are identified, immediately notify the Supplier in writing;
3) upon acceptance of the Goods, approve or refuse acceptance of the Goods, indicating reasoned justifications for its non-acceptance.
In this case, acceptance of the Goods shall be carried out by the Customer or his/her representative by proxy;
4) after approval of the acceptance certificate for the transfer of goods, accept the invoice issued by the Supplier in electronic form through the electronic invoice information system in accordance with the Rules for issuing an invoice in electronic form in the electronic invoice information system;
5) make payment in the manner and within the terms established by this Contract.
3.4. The Customer has the right to check the quality of the delivered Goods.
4. Checking the goods for compliance with technical specifications and tender bids
4.1. The customer or his/her representatives may control and check the supplied goods for compliance with the requirements specified in the tender documentation. In this case, all costs for these checks shall be borne by the Supplier. The Customer must promptly notify the Supplier in writing of his/her representatives designated for these purposes.
4.2. The goods supplied under this Contract must meet or be higher than the standards specified in the technical specifications and tender bid.
4.3. If during inspection, the supplied goods are found to not comply with the requirements of the tender documentation, the Supplier takes measures to eliminate non-conformities with the requirements of the tender documentation, without any additional costs on the part of the Customer, during the "period of elimination of nonconformities" from the moment of inspection.
4.4. Inspection of goods for compliance with technical specifications may be carried out at the Supplier's premises, at the place of delivery and/or at the final destination of the goods. If carried out at the Supplier's premises, the Customer's inspectors will be provided with all necessary facilities and assistance, including access to production information, at no additional cost to the Customer.
4.5. None of the above paragraphs relieves the Supplier from other obligations under the Contract.
5. Delivery of Goods and documentation
5.1. The delivery is considered subject to the complete transfer by the Supplier to the Customer of the Goods in strict accordance with the requirements specified in the technical specifications.
5.2. Subject to the conditions of paragraph 5.1. of this Contract, the date of delivery/transfer of the Goods is considered to be the date the Supplier sends the goods acceptance certificate to the customer.
6. Warranties. Quality
6.1. The Supplier guarantees that the Goods supplied under this Contract are:
1) high-quality and meeting the requirements of national standards, and in the absence of them, interstate standards for purchased goods;
2) new, unused, in original packaging, free from any defects in material or workmanship;
3) free from any rights and claims of third parties that are based on industrial and (or) other intellectual property.
6.2. If a shortage of the Goods is detected, according to the list of purchased goods and technical specifications, or if any hidden manufacturing defects are detected in the delivered Goods at the time of opening the packaging, or if the quality of the Goods does not fully comply with the manufacturing specifications, the Customer shall draw up a complaint report within twenty days, and the Supplier, within 14 (fourteen) calendar days and at its own expense, replaces the Goods with new ones.
7. Responsibility of the Parties
7.1. In case of failure or improper fulfilment by the Parties of their obligations under this Contract, all disputes and disagreements shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
7.2. Except for cases of sequestration and/or insufficient money in the cash control account of the relevant budgets/current account of a state enterprise, legal entity, fifty or more percent of voting shares that belong to the state, if the Customer does not pay the Supplier the funds due to it within the period specified in the Contract, then the Customer pays the Supplier a forfeit (penalty) for delayed payments in the amount of 0.1% (zero point one) of the amount due for each day of delay. In this case, the total amount of the penalty (fine) shall not exceed 10% of the total amount of the Contract.
7.3. In case of delay in delivery of the Goods, the Customer withholds (collects) from the Supplier a forfeit (fine, penalty) in the amount of 0.1% of the total amount of the Contract for each day of delay in the event of complete failure by the Supplier to fulfil its obligations, or withholds (collects) a forfeit (fine, penalty) in the amount of 0.1% of the amount of unfulfilled obligations for each day of delay in case of improper fulfilment (partial non-fulfilment) of obligations. In this case, the total amount of the forfeit (fine, penalty) shall not exceed 10% of the total amount of the Contract.
7.4. If the Supplier refuses to supply the Goods, or there is a delay in delivery of the Goods for a period of more than one month from the date of expiration of the delivery period for the Goods under the Contract, but no later than the expiration date of the Contract, the Customer has the right to terminate this Contract unilaterally and collect the amount of the penalty from the Supplier (fine, penalty) in the amount of 0.1% of the total amount of the Contract for each day of delay.
7.5. Payment of a forfeit (fine, penalty) shall not relieve the Parties from fulfilling their obligations under this Contract.
7.6. If any change results in a reduction in the cost or time required for the Supplier to deliver goods under the Contract, the Contract price or delivery schedule, or both, will be adjusted accordingly and the Contract will be amended accordingly. All Supplier requests for adjustments must be made within thirty (30) calendar days from the date the Supplier receives the change order from the Customer.
7.7. The Supplier shall not transfer its obligations under this Contract to anyone, either in whole or in part.
7.8. The Customer shall not return the security for the performance of the Contract in the event of its termination due to non-fulfilment or improper fulfilment by the Supplier of its obligations under this Contract.
7.9. The Supplier shall be prohibited from carrying out actions that lead to third parties having the right to claim in whole or in part for the security deposit made until the obligations under the Contract are fully fulfilled.
7.10. In case of non-fulfilment or improper fulfilment of their obligations under contracts concluded with the Supplier for the procurement of services and goods, the customer, in accordance with the Rules for creating a list of unscrupulous suppliers, no later than thirty calendar days from the day when he/she became aware of the fact of violation by the Supplier of obligations, applies with a lawsuit to recognize such a Supplier as an unscrupulous supplier of goods related to the provision of children catering.
8. Validity period and conditions for termination of the Contract
8.1. The Contract shall come into force "after its registration by the Customer in the territorial division of the Treasury of the Ministry of Finance of the Republic of Kazakhstan/from the date of signing" and shall be valid until the year of "_____".
8.2. The Contract shall be concluded in accordance with the approved individual financing plan for obligations for the corresponding financial year within the allocated funds and, in the absence of violations on the part of the supplier, extended twice for subsequent financial years within 3 working days from the date of expiration of the contract.
If the number of pupils and students provided with meals from funds from the state budget changes, changes shall be made to the contract.
8.3. The Customer may at any time unilaterally proceed to refuse to fulfil the terms of the Contract by sending the Supplier a corresponding written notice if the Supplier becomes bankrupt or insolvent. In this case, the refusal to fulfil the terms of the Contract shall be carried out immediately, and the Customer shall not bear any financial obligation concerning the Supplier, provided that the refusal to fulfil the terms of the Contract does not damage or affect any rights to take actions or apply sanctions that were or will subsequently be presented to the Customer.
8.4. Without prejudice to any other sanctions for violation of the terms of the Contract, the Customer, taking into account the requirements of paragraph 7.4. of this Contract may terminate this Contract in whole or in part by sending the Supplier written notice of failure to fulfil obligations:
1) if the Supplier is unable to deliver the goods within the time limits provided for in the Contract or during the extension period of this Contract provided by the Customer;
2) if the Supplier cannot fulfil its obligations under the Contract.
8.5. The Contract shall contain a clause regarding its termination at any stage if one of the following facts is revealed:
1) identifying a violation of the restrictions provided for by these Rules, based on which this Contract was concluded;
2) provision by the organizer of assistance to the Supplier not provided for by the Rules;
3) the authorized body has facts of violations during the conduct of tender procedures that influenced the results of the tender (instruction, notification, submission, decision) and within 10 working days the Contract is concluded with the winner of the tender in accordance with the acts of the authorized state bodies, except for contracts under which the obligations have been fulfilled properly.
8.6. The Contract may be terminated by agreement of the parties if its further execution is inappropriate. The notice shall indicate the reason for termination of the Contract, indicate the scope of the cancelled contractual obligations, as well as the effective date of termination of the Contract.
When the Contract is cancelled due to the above circumstances, the Supplier has the right to demand payment only for the actual costs associated with termination under the Contract on the date of termination.
9. Notice
9.1. Any notice that one party sends to the other party in accordance with the Contract shall be sent by prepaid registered mail or by telegraph, telex, facsimile, telefax or through the web portal.
9.2. The notice shall be effective upon delivery or on the specified effective date (if specified in the notice), whichever is later.
10. Force majeure
10.1. The parties are not responsible for complete or partial failure to fulfil their obligations under this Contract if it was the result of force majeure.
10.2. The Supplier shall not be deprived of its security for the performance of the Contract and shall not be responsible for paying penalties or terminating the Contract due to failure to fulfil its terms if the delay in performance of the Contract is the result of force majeure.
10.3. For the Contract, "force majeure" means an event beyond the control of the Parties and of an unforeseen nature. Such events may include, but are not limited to: acts of war, natural or natural disasters, and others.
10.4. If force majeure occurs, the Supplier must immediately provide the Customer with written notice of such circumstances and their reasons. Unless otherwise written instructions are received from the Customer, the Supplier continues to perform its obligations under the Contract to the extent practical and seeks alternative means of fulfilling the Contract not subject to force majeure.
11. Resolution of controversial issues
11.1. The Customer and the Supplier must make every effort to resolve through direct negotiations all disagreements or disputes arising between them under or in connection with the Contract.
11.2. If within 15 (fifteen) calendar days after such negotiations the Customer and the Supplier are unable to resolve a dispute under the Contract, either party may demand that this issue be resolved in accordance with the legislation of the Republic of Kazakhstan.
12. Other conditions
12.1. Taxes and other obligatory payments to the budget are subject to payment in accordance with the tax legislation of the Republic of Kazakhstan.
12.2. Any changes and additions to the Contract shall be made in the same form as the conclusion of the Contract.
12.3. Amendments to the concluded Contract, provided that the quality and other conditions that were the basis for choosing the Supplier remain unchanged, shall be permitted:
1) in terms of reducing or increasing the amount of the Contract associated with a decrease or increase in the need for the volume of supplied Goods, provided that the price per unit of goods specified in the Contract remains unchanged;
2) if the Supplier, in the process of executing the Contract, concluded with him/her, offered, subject to the unchanged price per unit of goods, better quality and (or) technical characteristics or terms and (or) conditions for the delivery of goods;
3) by mutual Contract of the Parties in terms of reducing the price of goods and, accordingly, the amount of the Contract.
12.4. The Contract shall be drawn up in Kazakh and Russian languages, have the same legal force, and be concluded through the web portal.
12.5. To the extent not regulated by the Contract, the Parties shall be guided by the legislation of the Republic of Kazakhstan.
13. Details of the Parties
Customer | Provider |
"Full name of the Customer" |
"Full name of the Supplier" |
Explanation of abbreviations:
BIN – business identification number;
BIC – bank identification code;
IIC – individual identification code;
IIN – individual identification number;
TIN – taxpayer identification number;
PRN – payer registration number;
VAT – value added tax;
Full name - last name, first name, patronymic
Form
Tender announcement
Footnote. Appendix 3 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated August 10, 2022 No. 359 (shall come into effect ten calendar days after the day of its first official publication).
_________________________________________________________________
(name, postal and email address of the tender organizer, lot number)
announces a tender to select a Supplier of services or goods for the organization of meals for students in secondary education organizations, as well as the procurement of goods, related to providing meals for children raised and studying in preschool organizations, educational organizations for orphans and children left without parents care
_________________________________________________________________
(name of procurement of service or goods
The service is provided:
_________________________________________________________________
(specify the place of provision of the service and its volumes, a list of categories of recipients of the service and their number, and the amount allocated for the provision of the service)
Service delivery period____________________.
Or:
the goods are delivered__________________________________________________________
(specify the place of delivery of goods, the list of purchased goods, and the amount allocated for the procurement of goods)
The required delivery time for goods is ___________________________________.
All potential suppliers who meet the requirements are allowed to participate in the tender documentation.
Start of accepting applications __________ (specify time and date).
The deadline for submitting applications for participation in the tender is __________ (specify time and date).
Form
Protocol of opening of applications for participation in the tender
___________________
(time and date)
Customer* __________________________________________________
Tender process No. ___________________________________________
Name of the tender ___________________________________________
Name of the organizer ________________________________________
Organizer address ____________________________________________
Composition of the tender committee:
No. | Full name | Position, place of work | Role on the commission |
List of procured services and goods indicating the total amount ___________
No. | Lot No. | Lot name | Quantity | Unit price | Allocated amount, KZT |
Lot No. ________________________________________________________________
Lot name _____________________________________________________
Applications for participation in the tender are submitted by the following potential suppliers (number of applications):
No. | Name of potential supplier | BIN (IIN)/PRN | Address of the potential supplier (region, city, street, house, apartment) | Date and time of application submission (chronological) |
Information on the availability (absence) of documents provided for in the tender documentation:
No. Name of potential supplier BIN (IIN)/PRN | ||
No. | Title of the document | Availability indicator |
Note:
*Customer information is not displayed if there are multiple customers.
Explanation of abbreviations:
BIN – business identification number;
IIN – individual identification number;
PRN – payer registration number;
Full name – last name, first name, patronymic (if any)
Form
Protocol on the results of the tender
Footnote. Appendix 5 - as amended by the order of the Minister of Education of the Republic of Kazakhstan dated August 10, 2022 No. 359 (shall come into effect ten calendar days after the day of its first official publication).
____________________
(time and date)
Customer*__________________________________________________________
Tender process No. ________________________________________________________________
Name of the tender _________________________________________________
Name of the organizer __________________________________________
Organizer address ________________________________________________
Composition of the tender committee:
No. | Full name | Position, place of work | Role on the commission |
List of procured services and goods indicating the total amount ___________
No. | Lot No. | Lot name | Quantity | Unit price | Allocated amount, KZT |
Lot No. _________________________________________________________________
Lot name ________________________________________________
Information on submitted applications for participation in the tender (lot) (chronologically):
(number of applications)
No. | Name of potential supplier | BIN (IIN)/PRN | Date and time of application submission (chronological) |
When considering applications for participation in the tender, the following documents were requested
(completed in case of making requests in accordance with these Rules):
No. | Name of the organization/person to whom the request is sent | Date of request | Brief description of the request | Date of submission of the response to the request |
Voting results of members of the tender commission:
No. | Name of potential supplier (list of potential suppliers), BIN (IIN)/PRN | |||
Full name of the commission member | Commission member decision | Reason for rejection | A detailed description of the reasons for rejection, indicating information and documents confirming their non-compliance with the qualification requirements and requirements of the tender documentation | |
Rejected applications for participation in the tender (number of applications):
No. | Name of potential supplier | BIN (IIN)/PRN | Reason for rejection |
The following applications for participation in the tender were accepted (number of applications):
No. | Name of potential supplier | BIN (IIN)/PRN |
Information on the results of applying the criteria provided for by these Rules shall apply to all applications for participation in the tender submitted for participation in this tender:
to service providers:
No. | Name of potential supplier | BIN (IIN)/PRN | Criteria | |
Experience in the service market over the previous 5 years | ||||
Experience in organizing meals for students and pupils of state secondary education organizations | Experience in catering at other catering facilities | |||
Table continuation
Availability of a cook with specialized secondary education (upon receipt of an education document before July 27, 2007) or technical and vocational, higher education with a qualification as a cook (in the field of catering) | Availability of a nutritionist or dietary nurse with medical education and qualifications in the field of dietetics and (or) medical education with advanced training (retraining) in the field of dietetics (no more than 1 point) | Availability of a production manager with specialized secondary education or technical and vocational, higher education with a qualification as a technologist (in the field of public catering) | Availability of registration of a potential supplier in the territory of the relevant region, city of republican significance, or capital, where the tender is held |
to suppliers of goods:
No. | Name of potential supplier | BIN (IIN)/PRN | Criteria | |||
Experience in the market of goods that are the subject of the tender over the previous 5 years | Availability of a document confirming the status of a domestic manufacturer of the goods that is the subject of the tender (lot) | Conditions for meal delivery by specialized vehicles | Availability of registration of a potential supplier in the territory of the relevant region, city of republican significance, or capital, where the tender is held | |||
Calculation of points for tender participants:
No. | Name of potential supplier | BIN (IIN)/PRN | Overall score according to criteria | Experience based on criteria | Date and time of application |
3. The tender commission based on the results of consideration in accordance with the criteria decided by open vote:
1) recognize the winner of the tender (lot)___________________ (specify the name and location of the tender participant, as well as the conditions under which he is recognized as the winner),
second place winner ___________________(specify name and location of the tender participant);
third place winners ____________________ (specify the name and location of the tender participant);
fourth place winners ___________________ (specify the name and location of the tender participant);
and so on _____________________________________________________;
2) To the customer of the tender ________ (specify the name and location) within the established by these Rules, the deadlines for agreeing to the provision of services or the supply of goods according to organizing meals for students in secondary education organizations, as well as pupils and students of preschool organizations, educational organizations for orphans and children, left without parental care with ________ (specify the name of the tender winner)
Or:
recognize the tender (lot)____________________ as invalid (specify the name of the tender (lot) and the reasons for recognizing the tender as invalid)
Or:
The tender (lot) was cancelled, based on: Acts of authorised state bodies (instruction, notification, presentation, decision) No. ____ dated dd.mm.yyyy.
The authority that made the decision to cancel: (_______________________).
Or:
The tender (lot) for the procurement of services and (or) goods not provided for was rejected an annual plan for the procurement of services and goods in accordance with these Rules.
Note:
*Customer information shall not be displayed if there are multiple customers.
Explanation of abbreviations:
BIN – business identification number;
IIN – individual identification number;
PRN – payer registration number;
Full name - last name, first name, patronymic
Form
Application for the need to purchase catering services in accordance with the Law on Public-Private Partnership
___________________________________________________________________________________
(name, postal and email address of the educational organization or educational management body)
hereby informs on the need for procuring missing equipment and/or replacing all worn-out canteen equipment with new equipment, and therefore requests the procurement of student catering services in accordance with the Law On Public-Private Partnership.
Date
Signature of the manager___________ Stamp here
(specify last name, first name, patronymic (if any), position).
Invitation to participate
Dear participant (name of potential supplier)!
Hereby we invite you to participate in the procurement of services and goods for catering (invitation number, invitation name) through the web portal.
To view the invitation, follow the link (invitation link).
If the link above does not open, copy it to your clipboard, paste it into your browser's address bar, and press Enter.
Form
Certificate of acceptance and transfer of goods
No._____ "___"______ 20___
Document number* date of signing* (the date and time of signing the act by the customer shall be recorded)
This act shall be drawn up in that _____________ (Supplier), in accordance
(name of Supplier*) with contract
(and additional contract) ________________________ dated "___" ________ 20 __ No. _________
(name of the Contract (additional contract), date and number*)
represented by the undersigned representatives of the Supplier, transferred _____________________
(Customer), represented by the undersigned representatives (name of Customer*)
The customer accepted:
Goods details** | |||||||
No. | Place of delivery of goods | Name of product | Nomenclature (factory) number (if any) | Unit | Quantity | Unit price (KZT), including VAT/excluding VAT | Amount, in KZT |
1 | 2 | 3 | 4 | 5 | 6 | 7 | |
1 | |||||||
The cost of the goods under this act in accordance with the contract is ___________________________ KZT, (in numbers, in words)
including VAT/excluding VAT,
Supplier name* | IIN/BIN* | IIС/BIC* | Bank* | Legal address* | Supplier representatives** | I hereby approve** | ||||||||
Full name, | signature | Full name, position | signature | |||||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | ||||||
Information on the contract | ||||||||||||||
General information | ||||||||||||||
1 | Total cost of the contract* | Amount of advance payments*** | Payment amount since the beginning of the contract*** | Previously activated amounts*** | The amount of the forfeit (fine, penalty) for late delivery or improper fulfilment (partial non-fulfilment) of obligations*** | Number of expired days*** | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | |||||||||
2 | Code of the Unified Budget Classification of Expenditures: Program/Subprogram/Specific*** | |||||||||||||
3 | Actual expenses, including those incurred by the Supplier under this act*** | |||||||||||||
Name of product* | Unit of measurement* | Quantity* | price per unit, KZT* | amount, in KZT* | ||||||||||
1 | 2 | 3 | 4 | 5 | ||||||||||
1 | ||||||||||||||
... | ||||||||||||||
4 | The amount required to be transferred to the Supplier*** | |||||||||||||
Appendix: list of electronic copies of documents (attached by the supplier/customer if any)
Customer name* | IIN/BIN* | IIС/BIC* | Bank* | Legal address*** | Customer representatives*** | I hereby approve (head of organization)* | ||||
Responsible for acceptance of goods | Responsible for the correctness of registration (details, specifics) | |||||||||
Full name | Signature | Full name | Signature | Full name | Signature | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Note:
* completed automatically by the government procurement web portal;
** completed by the supplier;
***completed by the customer.
Explanation of abbreviations:
BIN – business identification number;
BIC – bank identification code;
IIC – individual identification code;
IIN – individual identification number;
VAT – value added tax;
Full name - last name, first name, patronymic
Form
Certificate of services rendered
No._____ "___"______ 20___
Document number* date of signing* (the date and time of signing the act by the customer is recorded)
This act is drawn up to the effect that ______________________________ (Supplier),
(Supplier name*)
in accordance with the Contract (and additional contract) _____________________
dated "__" _______ 20 __ year No. _____ (name of the Contract (additional contract),
date and number*) represented by the undersigned representatives of the Supplier, fulfilled
_____________ (Customer), represented by the undersigned representatives (name of Customer*)
The customer accepted:
Information about the service provided** | ||||||
| Place of service | Name of service | Unit | Quantity | Unit price (KZT), including VAT/excluding VAT | Amount, in KZT |
1 | 2 | 3 | 4 | 5 | 6 | |
1 | ||||||
... | ||||||
The cost of services provided under this act in accordance with the Contract is ___________________________ KZT, including VAT/excluding VAT (in numbers, in words)
Supplier name* | IIN/BIN* | IIС/BIC* | Bank* | Legal address* | Supplier representatives** | I hereby approve** | ||||||||
Full name position | Signature | Full Name, Position | Signature | |||||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | ||||||
Information on the contract | ||||||||||||||
General information | ||||||||||||||
1 | Total cost of the Contract* | Amount of advance payments*** | Payment amount since the beginning of the Contract*** | Previously activated amounts*** | The amount of the forfeit (fine, penalty) for delay in the provision of services or improper fulfilment (partial non-fulfilment) of obligations*** | Number of expired days*** | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | |||||||||
2 | Code of the Unified Budget Classification of Expenditures: Program/Subprogram/Specific*** | |||||||||||||
3 | Services provided under this act | |||||||||||||
Name of service* | Date/period of service provision* | Unit of measurement* | Quantity* | price per unit, KZT* | amount, in KZT* | |||||||||
1 | 2 | 3 | 4 | 5 | 6 | |||||||||
1 | ||||||||||||||
4 | The amount required to be transferred to the Supplier*** | |||||||||||||
Appendix: list of electronic copies of documents (attached by the supplier/customer if any)
Customer name* | IIN/BIN* | IIС/BIC* | Bank* | Legal address*** | Customer representatives*** | I hereby approve (head of organization)* | ||||
Responsible for accepting the service | Responsible for the correctness of registration (details, specifics) | |||||||||
Full name | Signature | Full name | Signature | Full name | Signature | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Note:
*completed automatically by the government procurement web portal;
**completed by the supplier;
***completed by the customer.
Explanation of abbreviations:
BIN – business identification number;
BIC – bank identification code;
IIC – individual identification code;
IIN – individual identification number;
VAT – value added tax;
Full name - last name, first name, patronymic
