According to the Order of the First Deputy Prime Minister of the RoK[1] – Minister of Finance of the RoK  No.352 dated 4 April 2020, amendments and additions were made to the Order of the First Deputy Prime Minister of the RoK – Minister of Finance of the RoK No.1201 dated 31 October 2019 “On approval of the Rules for the procurement of goods, works, services by national management holdings, national holdings, national companies and organizations, in which fifty or more percent of voting shares (equity interests) are directly or indirectly owned by the national management holding, national holding, national company” (hereinafter – the“ Rules”).

The main important changes in the Rules are the following:

1. the Customer no longer has the right to set a requirement that Potential suppliers must provide an electronic copy of an extract from the Unified Accumulative Pension Fund about the obligatory pension charges transferred and (or) information from the State Social Insurance Fund about social assessments made, in order to confirm the length of experience of the Potential supplier’s employee;
2. in cases that the Potential suppliers recognized as winners evade from concluding contracts, or there are suppliers who have not fulfilled or failed to properly fulfill contractual obligations arising from the introduction of a state of emergency, the Customer shall not take measures to include such Potential suppliers and (or) suppliers in the registry of unscrupulous bidders, and shall not apply penalties to them;
3. the period for concluding contracts for the procurement of services related to the audit of annual financial statements has been increased to 5 (five) years (the previous norm prescribed the effective period not more than 3 (three) years;
4. the number of grounds for amending a draft contract or a concluded contract has been reduced;
5. the procedure for determining a dumping price has been changed:

• a price quotation for construction and installation works, for complex work for which there is an estimate, pre-design, design (design and estimate) documentation approved in the established manner, pre-design, design and survey work shall be recognized as dumping if it is by more than 15 (fifteen) percent lower than the allocated amount in the procurement plan.
• a price quotation for advisory (consulting) services shall be recognized as dumping if it is by more than 70 (seventy) percent lower than the arithmetic average price of all submitted price quotations that do not exceed the estimated purchase amount in the procurement plan and (or) is lower than the allocated amount in the procurement plan by more than 50 (fifty) percent;
• a price quotation for goods, work not specified in paragraph 363 of the Rules, services not specified in paragraph 364 of the Rules shall be recognized as dumping if it is by more than 30 (thirty) percent lower than the arithmetic average price of all submitted price quotations that do not exceed the estimated purchase amount in the procurement plan and (or) is lower than the allocated amount in the procurement plan by more than 50 (fifty) percent.

The amendments to the Rules are effective from 15April 2020.

[1] Republic of Kazakhstan.