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An effective system of public procurement enhances the government’s ability to regulate business, creating forms of the impact of the system of state orders on the economy, stimulating its development. This is an effective way for the state, when choosing the most acceptable method of satisfying state needs, and for the supplier, when receiving an order and the chance to recommend oneself with the best hand. The Law of the Republic of Kazakhstan “On Public Procurement” regulates relations arising in the process of implementation by state bodies, state institutions, state enterprises, as well as joint-stock companies, controlling interest of which belongs to the state and affiliated with them legal entities for the procurement of goods, works and services from suppliers in effective use of the means at their disposal.
According to the Law “On Public Procurement”, public procurement is carried out in one of the following ways: tender; request for quotations; from a single source; auctions; commodity exchanges. Except as provided for by Clause 1 of Article 4 of the Law. The method of public procurement is selected by the customer without coordination with the Ministry of Finance of the Republic of Kazakhstan. The types of procurement indicated above can be carried out through electronic public procurement in the manner specified by the rules for electronic public procurement.
Public procurement by the way of tender The potential suppliers, included in the register of qualified potential suppliers, participate in the public procurement by the way of tender with preliminary qualification selection. In the public procurement by the way of tender, the organizer of public procurement develops tender documentation, which states:
The organizer of public procurement shall post the text of the announcement on the conduct of public procurement by the way of tender on the public procurement web portal within 3 working days from the date of approval of the draft of the tender documentation. The application for participation is submitted via the web portal of public procurement in the form of an electronic document before the expiry of the deadline for its submission specified in the tender documents. A potential supplier deposits security of a bid in the tender as a guarantee. Ensuring the application for participation in the tender is paid in the amount of one percent of the amount allocated for the purchase of goods, works, services, in accordance with the rules of public procurement.
A potential supplier has the right to choose one of the following types of bid security: guaranteed monetary contribution that is deposited in the bank account of the organizer of public procurement or in an account provided for by the budget legislation of the Republic of Kazakhstan for public procurement organizers who are state bodies and state institutions; bank guarantee on paper or in the form of an electronic document.
The tender quotation is opened by the web portal of public procurement automatically based on the results of consideration of the application for participation in the competition for compliance with the qualification requirements and the requirements of the tender documents. The participant of the tender who has taken the second place according to the results of the evaluation and comparison of tender quotations is determined on the basis of the price following the lowest conditional price.
When the conditional prices of tender quotations are equal, the winner (participant of the competition who took the second place according to the results of the evaluation and comparison of tender quotations) is the bidder who has more experience in the market of purchased goods, works, services, including similar types of goods, works , services, which are the subject of the competition. If the experience of several potential suppliers having equal conditional prices is equal, the winner (the participant of the competition who took the second place according to the results of the evaluation and comparison of tender quotations) is the participant of the competition, the application for participation in the tender of which was received earlier than the applications for participation in the tender of other potential suppliers.
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