Unofficial translation
In accordance with subparagraph 9) of Article 22 of the Law of the Republic of Kazakhstan "On Public Procurement", I HEREBY ORDER:
1. To approve the Rules for the use of the unified procurement platform according to Appendix 1 to this order.
2. To recognize as invalid some orders of the Ministry of Finance of the Republic of Kazakhstan according to Appendix 2 to this order.
3. The Department of Legislation on Public Procurement and Procurement of the Quasi-Public Sector of the Ministry of Finance of the Republic of Kazakhstan, in accordance with the procedure, established by the legislation of the Republic of Kazakhstan, shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Service Department of the Ministry of Finance of the Republic of Kazakhstan of information about implementation of measures, provided for by subparagraphs 1) and 2) of this paragraph.
4. This order shall enter into force from January 1, 2025 and shall be subject to official publication.
|
Minister of Finance of the Republic of Kazakhstan |
M. Takiyev |
| Appendix 1to the Order of the Minister of Finance of the Republic of Kazakhstan dated September 16, 2024 № 627 |
Rules for the use of the unified procurement platform Chapter 1. General provisions
1. These Rules for the use of the unified procurement platform (hereinafter – the Rules) are developed in accordance with subparagraph 9) of Article 22 of the Law of the Republic of Kazakhstan "On Public Procurement" (hereinafter – the Law) and determine the procedure for the use of the unified procurement platform.
2. The following concepts are used in these Rules:
1) unified procurement platform (hereinafter – the web portal) – information system of the authorized body in the sphere of public procurement, providing a single point of access to electronic services of public procurement and procurement, carried out in accordance with the Law of the Republic of Kazakhstan "On procurement by certain quasi-public sector entities" (hereinafter – the Law on procurement by certain quasi-public sector entities);
2) web portal participant – customer, organizer of public procurement and procurement, carried out in accordance with the Law on procurement by certain quasi-public sector entities, single organizer of public procurement, potential supplier, supplier that passed registration o the web portal;
3) web portal user (hereinafter – the user) – an official of a web portal participant or a representative of a web portal participant;
4) public offer - a proposal to conclude an agreement for the use of the web portal that contains all essential terms of the agreement and clearly expresses the intention of the person making the offer to enter into an agreement with anyone who accepts the stated terms;
5) Trusted Third Party of the Republic of Kazakhstan (hereinafter – TTP RK) – information system, carrying out within the framework of transborder interaction the confirmation of authenticity of a foreign electronic digital signature and an electronic digital signature issued in the territory of the Republic of Kazakhstan;
6) electronic copy of a document – a document that completely reproduces the appearance and information (data) of the original document in electronic digital form;
7) a single operator in the sphere of public procurement (hereinafter - a single operator) is a legal entity appointed by the competent authority in the sphere of public procurement, the sole owner of shares (participatory interest in the authorised capital) of which is the state;
8) an authorized body in the sphere of public procurement – central executive organ that carries out management in the sphere of public procurement;
9) oeprators of information systems of electronic procurement for certain quasi-public sector entities (hereinafter – the operators) – legal entities determined in accordance with subparagraph 26) of Article 2 of the Law on procurement by certain quasi-public sector entities;
10) electronic document – a document in which information is presented in electronic digital form and certified by means of an electronic digital signature;
11) electronic digital signature – a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and the immutability of its content;
12) public key of electronic digital signature – a sequence of electronic digital symbols accessible to any person and intended to confirm the authenticity of an electronic digital signature in an electronic document;
13) private key of electronic digital signature – a sequence of electronic digital symbols intended to create an electronic digital signature using electronic digital signature tools.
3. When using an electronics digital signature on the web portal, users shall be guided by these Rules and the Law of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature".
Chapter 2. Procedure for the use of web portal
4. To work on the web portal and (or) participate in public procurement and procurement carried out in accordance with the Law on procurement by certain quasi-public sector entities, users shall perform a set of the following actions:
1) install hardware and software to enable the use of certificates (public and private key) of the electronic digital signature;
2) receive certificates (public and private keys) of electronic digital signature;
3) pass through registration procedures on the web portal.
5. The web portal accepts digital signature certificates issued for individuals and legal entities by the National Certification Authority of the Republic of Kazakhstan, as well as by certification authorities of the member states of the Eurasian Economic Union, confirmed by the TTP RK.
6. The submitted documents and information related to the organization and conduct of purchases are posted by the user of the web portal in the form of electronic documents or electronic copies of documents and are signed with an electronic digital signature.
7. The time of creation, receipt and sending of all electronic documents and electronic copies of documents on the web portal is recorded according to the local time of Astana.
8. If the size of files or file archives uploaded to the system exceeds 20 megabytes, they must be uploaded to the system in parts, the size of each of which does not exceed 20 megabytes.
Chapter 3. Procedure for provision of service to the users to use (access) the web portal
9. Services for users to use (access) the web portal to view information on published government procurement and procurement carried out in accordance with the Law on procurement by certain quasi-public sector entities, shall be provided on the web portal free of charge.
10. Services for users to use (access) the web portal to participate in public procurement shall be provided by the single operator on paid basis based on a public offer and (or) a public procurement agreement (for legal entities, who, in accordance with the Law have been determined as customers and suppliers simultaneously), except for the following entities:
1) public associations of persons with disabilities of the Republic of Kazakhstan in the event of concluding agreements in accordance with subparagraph 39) of paragraph 3 of Article 16 of the Law;
2) state institutions;
3) single operator.
11. Services for users to use (access) the web portal to participate in procurement, carried out in accordance with the Law on procurement by certain quasi-public sector entities, shall be provided by the operators on paid basis based on a public offer and (or) a public procurement agreement (for legal entities, who, in accordance with the Law on procurement by certain quasi-public sector entities have been determined as customers and suppliers simultaneously).
12. The single operator and operators, within the framework of the services provided for the use (access) of the web portal, provide the following functionality:
1) submitting an application for participation in government procurement and procurement carried out in accordance with the Law on procurement by certain quasi-public sector entities;
2) submission of an agreement to participate in procurement using a single source method;
3) provision of a price offer;
4) coordination and signing of a public procurement agreement and a procurement agreement, concluded in accordance with the Law on procurement by certain quasi-public sector entities.
13. The single operator and operators shall suspend services for the use (access) of the web portal until full and proper payment is made.
| Appendix 2 to the Order of the Minister of Finance of the Republic of Kazakhstan dated September 16, 2024 № 627 |
List of repealed orders of the Ministry of Finance of the Republic of Kazakhstan
1. Order of the Minister of Finance of the Republic of Kazakhstan dated December 28, 2015 № 692 "On approval of the Rules for the use of the public procurement web portal and the Rules for the operation of the public procurement web portal in the event of technical failures in the operation of the public procurement web portal" (registered in the Register of State Registration of Regulatory Legal Acts under № 12671).
2. Order of the First Deputy Prime Minister of the Republic of Kazakhstan –Minister of Finance of the Republic of Kazakhstan dated February 12, 2020 № 139 "On Amendments to the Order of the Minister of Finance of the Republic of Kazakhstan dated December 28, 2015 № 692 "On Approval of the Rules for Using the Public Procurement Web Portal and the Rules for Operating the Public Procurement Web Portal in the Event of Technical Failures in the Operation of the Public Procurement Web Portal" (registered in the Register of State Registration of Regulatory Legal Acts under № 20038).
3. Order of the Minister of Finance of the Republic of Kazakhstan dated December 21, 2021 № 1322 "On amendments to the Order of the Minister of Finance of the Republic of Kazakhstan dated December 28, 2015 № 692 "On Approval of the Rules for Using the Public Procurement Web Portal and the Rules for Operating the Public Procurement Web Portal in the Event of Technical Failures in the Operation of the Public Procurement Web Portal" (registered in the Register of State Registration of Regulatory Legal Acts under № 25931).
4. Order of the Deputy Prime Minister – of the Minister of Finance of the Republic of Kazakhstan dated August 17, 2022 № 843 "On amendments to the Order of the Minister of Finance of the Republic of Kazakhstan dated December 28, 2015 № 692 "On Approval of the Rules for Using the Public Procurement Web Portal and the Rules for Operating the Public Procurement Web Portal in the Event of Technical Failures in the Operation of the Public Procurement Web Portal" (registered in the Register of State Registration of Regulatory Legal Acts under № 29159).
5. Paragraph 1 of the List of repealed orders of the Ministry of Finance of the Republic of Kazakhstan, to which the amendments are made, approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated June 21, 2024 № 385 "On Amendments to certain orders of the Minister of Finance of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts under № 34544).