On approval of the Rules for procurement of services for the storage and transportation of medicines and medical products, services for the accounting and sale of medicines and medical products by a single distributor within the guaranteed volume of free

Resolution No. 47 of the Government of the Republic of Kazakhstan dated February 9, 2021.

      Unofficial translation

      In accordance with subclause 4) of Article 6 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On Public Health and Healthcare System" the Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the attached Rules for procurement of services for the storage and transportation of medicines and medical products, services for the accounting and sale of medicines and medical products by a single distributor within the guaranteed volume of free medical care and (or) in the system of compulsory social health insurance.

      2. To recognize certain decisions of the Government of the Republic of Kazakhstan as invalid according to the Annex to this resolution.

      3. This resolution shall come into force upon expiry of ten calendar days after the date of its first official publication.

      Prime-Minister
of the Republic of Kazakhstan
A. Mamin

  Approved by
the Resolution No. 47 of the Government
of the Republic of Kazakhstan
dated February 9, 2021

Rules for procurement of services for the storage and transportation of medicines and medical products, services for the accounting and sale of medicines and medical products by a single distributor within the guaranteed volume of free medical care and (or) in the system of compulsory social health insurance

Chapter 1. General provisions

      1. These Rules for procurement of services for the storage and transportation of medicines and medical products, services for the accounting and sale of medicines and medical products by a single distributor within the guaranteed volume of free medical care and (or) in the system of compulsory social health insurance (hereinafter referred to as the Rules) have been developed in accordance with subclause 4) of Article 6 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On Public Health and Healthcare System" (hereinafter referred to as the Code) and shall determine the procedure for organizing and conducting the procurement of services for storage and transportation, services for the accounting and sale of medicines, medical products within the guaranteed volume of free medical care (hereinafter referred to as the GVFMC) and (or) in the system of compulsory social health insurance (hereinafter referred to as the CSHI).

      2. In these Rules, the following terms shall be used:

      1) auction – comparison of prices of potential suppliers that are competitors in one lot in order to determine the winner of the purchase at the lowest price automatically by the procurement web portal;

      2) potential supplier – an individual engaged in entrepreneurial activity, a legal entity applying for the conclusion of a contract in accordance with these Rules;

      3) affiliate of the potential supplier – any individual or legal entity that has the right to determine decisions and (or) influence decisions made by this potential supplier, including by virtue of a transaction made in writing, as well as any individual or legal entity in respect of which this potential supplier has such a right;

      4) distribution center – a pharmacy warehouse on the territory of the cities of Nur-Sultan, Almaty, Aktobe or Shymkent or their agglomerations, used for the acceptance, storage, distribution, transportation of goods in the service regions and at the same time performing the function of an operational warehouse on the territory of the administrative-territorial unit where it is located;

      5) single distributor – a legal entity carrying out activities under GVFMC and or in CSHI in accordance with Article 247 of the Code;

      6) affiliate of the single distributor – a person (with the exception of state bodies that regulate its activities within the framework of the powers granted), which directly and (or) indirectly determines decisions and (or) influences decisions made by a single distributor, including by virtue of a contract, as well as any person, in respect of which single distributors have such a right;

      7) web portal – an information system that provides a single point of access to electronic services for the procurement of services for the storage and transportation, accounting and sale of medicines and medical products in accordance with these Rules;

      8) single operator in the field of procurement of medicines and medical products, services from healthcare entities (hereinafter referred to as the single operator) – a legal entity determined by the authorized body in agreement with the authorized body in the field of public procurement;

      9) service for accounting and sale of medicines, medical products – a service that is provided by the supplier, associated with provision of the population with medicines, medical products, ensuring their accounting, sale to the population;

      10) service for storage and transportation of medicines, medical products – a service which is provided to the single distributor by the supplier, associated with storage and transportation of goods through operational warehouses and (or) distribution centers;

      11) authorized body for healthcare (hereinafter referred to as the authorized body) - the central executive body that carries out management and inter-sectoral coordination in the field of health protection of citizens of the Republic of Kazakhstan, medical and pharmaceutical science, medical and pharmaceutical education, sanitary and epidemiological welfare of the population, turnover of medicines and medical products, the quality of medical services (assistance);

      12) tender bid – an offer of a potential supplier for participation in the procurement of services in accordance with these Rules;

      13) service region – administrative-territorial units, grouped into the following groups:

      North Kazakhstan, Kostanay, Akmola, Karaganda and Pavlodar regions with a distribution center in Nur-Sultan city;

      Almaty and East Kazakhstan regions with a distribution center in Almaty city;

      Turkestan, Kyzylorda, Zhambyl regions with a distribution center in Shymkent city;

      Atyrau, Aktobe, West Kazakhstan and Mangistau regions with a distribution center in Aktobe city;

      14) operational warehouse – a pharmacy warehouse on the territory of the regional center or its agglomeration, used for the acceptance, storage and transportation of goods on the territory of the region where it is located;

      15) supplier – an individual engaged in entrepreneurial activities, a legal entity that has entered into a contract in accordance with these Rules;

      16) pallet position – unit of account for the storage of one pallet, where a pallet is a shipping container with a rigid platform and space sufficient to create an enlarged cargo unit, used as a basis for collecting, storing, transshipment and transporting goods;

      17) price of storage and transportation services – the cost of the service, established by the results of the purchase of the service in the manner determined by these Rules, paid at the expense of a single distributor's markup;

      18) procurement – purchase by a single distributor of services for storage and transportation, as well as accounting and sale of medicines, medical products within the framework of the GVFMC and (or) in the CSHI system in the manner and in the ways established by these Rules;

      19) goods – medicines, medical products;

      20) preliminary cost of services for storage and transportation of goods – the amount allocated for the procurement of services for the corresponding financial year, which is formed by the single distributor, taking into account at least three price lists (price or commercial offers) for the storage and transportation service, formed according to the formula of clause 94 of these Rules (when determining market offers for storage and transportation, the volumes received during the collection of initial applications of customers and consolidated preliminary calculations of the need for medicines, medical products within the framework of the GVFMC and (or) in the CSHI system, submitted to the single distributor for the corresponding financial year, are applied);

      21) contract – a civil law contract for the provision of storage and transportation services or a contract for the provision of services for the accounting and sale of medicines, medical products, concluded through a web portal between a single distributor and supplier in accordance with these Rules and other regulatory legal acts of the Republic of Kazakhstan, certified by electronic digital signatures;

      22) electronic document – a document in which information is presented in electronic digital form and certified by electronic digital signature;

      23) electronic digital signature – a set of electronic digital symbols created by electronic digital signature and confirming the authenticity of the electronic document, its belonging and the invariability of the content;

      24) competitive lot – a lot, which involves two and more potential suppliers;

      25) noncompetitive lot – a lot, which involves only one potential supplier.

      3. Procurement of services shall be carried out in accordance with the principles of:

      1) optimal and efficient spending of money used for the purchase;

      2) providing potential suppliers with equal opportunities to participate in the procurement procedure;

      3) fair competition among potential suppliers;

      4) publicity and transparency of the procurement process;

      5) uninterrupted provision of the population of the Republic of Kazakhstan with safe, effective and high-quality medicines, medical products.

      4. The single distributor shall perform the procurement of services using one of the following methods:

      1) tender (re-tender, in the cases provided for in these Rules);

      2) from single source.

      5. When procuring services for storage and transportation of goods, the single distributor shall determine for one lot:

      1) administrative-territorial unit (region) when procuring services for the storage and transportation of goods through the operational warehouse;

      2) service region when procuring services for the storage and transportation of goods through a distribution center.

      6. The distribution center shall provide services for the storage and transportation of goods in the service region, as well as perform the function of an operational warehouse at the location in the administrative-territorial unit (region, city of republican significance, capital).

      In the event that the procurement of services for the storage and transportation of goods through operational warehouses is declared invalid, the distribution center shall provide a service for the storage and transportation of goods in such administrative-territorial units (regions) of the service region or the entire service region.

      7. When procuring services for accounting and selling goods, the single distributor shall determine an administrative-territorial unit (region, city of republican significance and the capital) for one lot.

      8. Involvement of co-executors (subcontractors) only when procuring services for storage and transportation shall not be allowed.

      Potential supplier, which provides for the involvement of subcontractors (co-executors) to participate in the procurement of services for accounting and sale of goods, shall submit to a single distributor documents confirming the compliance of the involved subcontractors (co-executors) with the qualification requirements established by these Rules.

Chapter 2. Qualification requirements for a potential supplier

      9. Potential service suppliers shall be subject to the following qualification requirements:

      1) legal capacity (for legal entities), civil capacity (for individuals engaged in entrepreneurial activities);

      2) legal capacity to carry out the relevant pharmaceutical activities for the provision of the procured service;

      3) no tax arrears, arrears on mandatory pension contributions, mandatory professional pension contributions, social contributions and deductions and (or) mandatory social health insurance contributions, taking into account the total overpayment;

      4) not be subject to bankruptcy, liquidation or activity is not suspended in accordance with the legislative acts of the Republic of Kazakhstan;

      5) no restrictions, provided for in clause 11 of these Rules.

      10. It shall not be allowed for a single distributor to present qualification requirements to a potential supplier that are not provided for by these Rules.

      11. Participation of employees, as well as affiliated persons of a single distributor as potential suppliers, shall not be allowed in the procurement of services regulated by these Rules.

      It shall not be allowed for a potential supplier and its affiliate to act as a participant in the tender for one of its lots.

      Potential supplier shall not participate in the procurement, if:

      1) close relatives, spouse (wife) or relatives of the first managers of a potential supplier and (or) an authorized representative of a potential supplier have the right to make a decision on the choice of a supplier or are an employee of a single distributor in the ongoing procurement;

      2) the activity of the potential supplier and (or) the subcontractor (co-executor) involved by it is suspended in accordance with the legislation of the Republic of Kazakhstan or the legislation of the state of the potential supplier-non-resident of the Republic of Kazakhstan.

Chapter 3. Tender procedure

      12. The announcement of the tender shall be published in the Kazakh and Russian languages on the web portal within 3 (three) working days from the date of the decision by the single distributor at least 10 (ten) working days before the day of bids opening, and in the event of a re-tender - not less than 5 (five) working days.

      13. Tender on the web-portal is a set of the following successive stages:

      1) placement by the secretary of the tender commission of an announcement on the purchase of services by the method of tender;

      2) submission by potential suppliers of tender bids in accordance with these Rules and guarantee provision of the bid;

      3) automatic tender bids opening by the web portal, publication of the bid opening protocol;

      4) consideration by the tender commission of tender bids and voting for their compliance with the conditions of the announcement and the requirements of these Rules;

      5) publication by the secretary of the tender commission of the protocol of preliminary admission;

      6) submission by potential suppliers of additions to tender bids;

      7) consideration by the tender commission of additions to tender bids and voting for their compliance with the conditions of the announcement and the requirements of these Rules;

      8) publication by the secretary of the tender commission of the protocol of admission;

      9) auction by tender lots;

      10) automatic publication of the protocol on results by the web portal;

      11) conclusion by a single distributor and the winners of the tender of a contract on the web portal using electronic digital signatures.

      14. The announcement of the holding of a competitive tender contains:

      1) name and the address of the single distributor;

      2) bank details of the single distributor;

      3) Tender name;

      4) the name of the service by lot, indicating the conditions: the place and term for the provision of the service, the name and volume of goods associated with the provision of the service for each lot;

      5) planned number of pallet positions with and without a special temperature regime, predicted distance in kilometers for transporting goods, predicted number of standard hours for loading and unloading operations by lot, list and addresses of healthcare entities when procuring services for storage and transportation;

      6) date and time of the deadline for the acceptance of bids;

      7) draft contract;

      8) the preliminary cost of the service for the storage and transportation of goods, allocated for the procurement of services for each lot.

      15. For the tender, the single distributor shall approve the composition of the commission and determine the secretary of the commission, who is not a member of the commission. The total number of members of the tender commission shall be an odd number, but not less than five people.

      16. The composition of the commission shall include the employees of the single distributor, an employee or employees of the authorized body in the field of healthcare (on agreement) and representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken" (on agreement).

      17. The commission shall act from the date of entry into force of the decision on approval of its composition until the publication of the protocol of admission.

      18. A worker of the single distributor shall be determined as the secretary of the commission, who ensures timely:

      1) publication of the web portal of the announcement of the holding of a competitive tender;

      2) acquaintance of the members of the commission with the guarantee obligations and the journal of their registration, in case of their presentation on paper;

      3) formation, based on the voting results of the commission, of a draft protocol of preliminary admission, admission for review, and at the request of any of the members of the commission - the resumption of voting on the web portal;

      4) publication on the web portal of the protocol of preliminary admission, admission;

      5) placement on the web portal of an electronic copy of the submitted document confirming the absence of a member of the commission (if any);

      6) cancellation on the web portal of the tender in general or any lot in case of a decision to cancel it or invalidate it with the placement of its copy;

      7) informing about the results of the tender for the conclusion of the contract.

Chapter 4. Content, presentation and withdrawal of bid

      19. A potential supplier shall register on the web portal and submit a bid directly on the web portal by attaching the necessary documents to the application or filling them out according to the forms provided on the web portal using an electronic digital signature.

      20. Tender bid of the potential supplier for participation in tender shall contain (in electronic copies):

      1) an extract about the participants or shareholders that have influence on the decision-making by the executive body, the board of directors, the supervisory board of the potential supplier, their IIN or BIN, in the form provided on the web portal;

      2) information on the absence (presence) of the taxpayer's tax debt, debt on mandatory pension contributions, mandatory professional pension contributions, social contributions and deductions and (or) compulsory social health insurance contributions received through the web portal of "electronic government" not earlier than one month, preceding the date of opening the envelopes;

      3) permission for pharmaceutical activities: for the wholesale or retail sale of medicines and (or) notification of the start or termination of activities for the wholesale or retail sale of medical products, and in the case of the provision of services related to the storage, transportation and (or) sale of narcotic drugs and precursors in the field of health,, permission for activities related to the circulation of narcotic drugs, psychotropic substances and precursors in the field of healthcare in the territory of the administrative-territorial unit where the distribution center service is to be provided;

      4) if a co-executor is involved, a contract with him on the provision of a part of the service for the entire period of service provision in accordance with the procurement announcement and documents confirming the compliance of the co-executor with the conditions of the announcement and the requirements of these Rules;

      5) price offer in the form provided on the web portal;

      6) bid collateral.

      21. The tender bid for the provision of services for the storage and transportation of medicines and medical products additionally shall contain for a lot (in electronic copies):

      1) a certificate of registered rights to the pharmacy warehouse from the web portal of the "electronic government", issued less than one calendar month before the date of bid opening;

      2) technical document for the pharmacy warehouse;

      3) a document confirming the availability of an automatic fire alarm in the pharmacy warehouse;

      4) a document confirming the availability of an automatic security alarm system in the pharmacy warehouse;

      5) a document confirming the availability of vehicles of different categories of carrying capacity, with the possibility of observing a regulated temperature regime. Vehicle load categories: category 1 up to 1.5 tons inclusive, category 2 up to 5 tons inclusive, category 3 up to 10 tons inclusive, category 4 over 10 tons.

      22. The web portal automatically prevents a potential supplier from:

      1) offering a price higher than the price of the lot in the announcement;

      2) withdrawing a bid after it has been opened;

      3) submitting a bid after the expiration of the period stipulated by the announcement.

      23. A tender bid shall be considered to be submitted at the moment the web portal sends a notification to a potential supplier, which is changed or withdrawn at the discretion of the potential supplier until it is opened.

      24. When the commission presents comments to the bid of the potential supplier, the potential supplier adds the missing documents to its bid within 3 (three) working days from the date of publication of the preliminary admission protocol, in case of a repeated tender - within 2 (two) working days or does not add and its bid is rejected.

      25. Opening of additions to the bid shall be carried out at 10:00 a.m. on the working day of the single distributor, the next day after the deadline for submitting additions to competitive bids.

Chapter 5. Bid collateral

      26. Bid collateral shall be paid for each lot separately and amounts to at least 1 (one) percent of the lot amount in the announcement when purchasing accounting and sales services and 3 (three) percent when purchasing storage and transportation services.

      27. The potential supplier shall submit a bid collateral for participation in tender in one of the following forms:

      1) a cash deposit to the bank account of the single distributor with a copy of the payment order attached to the bid indicating the number of the corresponding lot in the purpose of payment;

      2) electronic bank guarantee in the form provided on the web portal, issued by the bank directly on the web portal using electronic digital signatures of authorized persons of the bank;

      3) a bank guarantee in the form provided on the web portal, on paper, submitted to the secretary of the tender commission for registration in the bank guarantee journal after bids opening and before the formation of the admission protocol. At the same time, an electronic copy of the bank guarantee is attached to the bid by a potential supplier on the web portal.

      28. Bid collateral shall not be made during the state of emergency.

      29. The term of validity of a tender bid, as well as its collateral shall be at least 45 (forty-five) days. The period of validity of the bid collateral of the potential supplier shall expire at the moment of its rejection according to the protocol of admission or results or the timely presentation by the winner of the procurement of a measure to ensure the fulfillment of obligations under the concluded agreement.

      30. The collateral shall be returned in cases of:

      1) rejection of the bid of the potential supplier;

      2) timely submission by the winner of a remedy to ensure the fulfillment of obligations under the contract concluded at the end of the tender;

      3) cancellation of the tender or procurement of a separate lot;

      4) recognition of the tender or procurement of a separate lot as invalid;

      5) submission, but non-participation of a person in the tender;

      6) declaration of state of emergency.

      31. In case of rejection of the bid of the potential supplier:

      1) the web portal shall automatically send a refund notification to a potential supplier and a single distributor in the form provided by the web portal, and single distributor shall refund the money contribution by transferring money to the bank account of the potential supplier within 5 (five) working days;

      2) The web portal shall automatically send the bank that issued the electronic bank guarantee and the potential supplier a notice of its termination in the form provided by the web portal;

      3) the return of a bank guarantee on paper shall be made by a single distributor to a representative of the potential supplier on purpose on the basis of a power of attorney and an identity document.

      32. The term for the return of the guarantee security due to the rejection of the application of the potential supplier shall be calculated from the day following the day of publication of the protocol of results, which provides for the decision to reject the application for the corresponding lot.

      33. Bid collateral shall be withheld in cases where, in violation of the terms provided for by these Rules:

      1) the winner refused or evaded the conclusion of the agreement;

      2) the winner did not provide a measure to ensure the fulfillment of obligations under the contract;

      3) false information is provided about the compliance of the potential supplier with the qualification requirements or requirements for the service.

      34. The single distributor, in case of retention of the collateral of the bid in the form of:

      1) monetary contribution – shall send to the winner through the web portal a notification of the deduction of money in the form provided by the web portal;

      2) electronic bank guarantee – shall send through the web portal to the bank and to the winner of the tender (for information) the demand for its payment in the form, provided by the web portal;

      3) bank guarantee in paper form – shall send to the bank and to the winner of the tender (for information) by registered mail a demand for payment.

      The demand for payment of a bank guarantee shall be submitted to the bank within 20 (twenty) banking days from the date of occurrence of the grounds for its retention.

Chapter 6. Procedure for voting and bid consideration on the web portal

      35. Before the announcement of the tender, members of the commission shall register on the web portal, where they consider bids, vote for the admission or rejection of the tender bid of the potential supplier.

      36. When making decisions on the compliance of the tender bid of the potential supplier with the qualification requirements and requirements for the service, the commission members shall consider the documents on the page of the potential supplier in the web portal, in the bid, as well as information in other open sources of information: information systems of "electronic government", www.elicense.kz, "Supreme Court" www.office.sud.kz and other available sources.

      37. The decision of the commission shall be made via open voting and shall be considered adopted if it has received the majority of votes from the total number of present members of the commission. In case of equality of votes, the decision for which the chairman of the commission voted shall be considered adopted.

      38. In the absence of bids, the web portal shall automatically and simultaneously publish the bid opening protocols and results.

      39. After the deadline for accepting bids, the web portal makes them available for consideration and automatically publishes the bid opening protocol indicating its number, publication time and status, which contains:

      1) number and name of the tender;

      2) name, BIN and legal address of the single distributor;

      3) list of lots in the announcement;

      4) names (surname, name, patronymic (if any) of potential suppliers, BIN (IIN), legal addresses, time and dates of submission of bids;

      5) lots, for which the bids are not submitted;

      6) lots and names of potential suppliers, submitted bids, indicating price offers.

      40. Tender bids of potential suppliers on the web portal are open and available to competitors in the lot and shall be subject to consideration by the commission within seven working days, in case of a repeated tender - within five working days.

      41. By the time of expiration of the term for consideration of competitive bids, at the initiative of the secretary of the commission, the web portal, based on the vote of the members of the commission, shall automatically generate a draft protocol for preliminary admission or admission, after reading which the commission signs it, or the secretary of the commission shall resume voting to correct the decisions made (if necessary) until those until all members of the commission, with the exception of those who did not vote, sign the protocol of voting.

      42. The members of the commission, having familiarized themselves with the draft protocol for preliminary admission or admission, shall review their comments on the competitive bid of the potential supplier before its publication. In this case, the secretary of the tender commission shall resume voting.

      43. A non-voting member of the commission (if possible) shall notify the secretary of the commission of the validity of such a reason in advance and submit to him a copy of the supporting document. If the reason for the non-voting of a member of the commission by the expiration of the decision-making period is unknown, the protocol of preliminary admission or admission shall be signed without it. The secretary shall post on the web portal a note on the uncertainty of such a reason.

      44. All decisions of a member of the commission who did not sign the protocol, including those for individual lots for which he voted, shall not be taken into account by the web portal in the decision of the commission and shall be displayed in the protocol of preliminary admission or admission.

      45. In the protocol of preliminary admission or admission, the web portal shall automatically display the voting results of each member of the commission for each with one of the possible statuses:

      1) “did not voted”;

      2) “admitted”;

      3) “rejected” with justification of the reason according to the decision on the web portal.

      If the committee member votes “rejected” in the preliminary admission protocol, then the potential supplier shall submit additions to the bid of these Rules within the time limits specified in Clause 24 of these Rules or shall not submit additions, and his application is rejected.

      46. The potential supplier, whose tender bid is recognized by the commission as complying with the terms of the announcement and the requirements of these Rules, in the absence of competition on the lot, shall be declared the winner.

      47. The procurement by means of a tender or its any lot shall be invalidated for one of the following reasons:

      1) absence of submitted tender bids;

      2) no potential supplier is admitted.

      48. In case of disagreement with the decision of the tender commission, any member of this tender commission shall write a dissenting opinion, which is posted on the web portal in the form of an electronic copy of the document.

      49. The secretary of the commission shall post on the web portal a protocol of preliminary admission or admission indicating its number, time of publication and status, which contains:

      1) number and name of the tender;

      2) name, BIN and legal address of the single distributor;

      3) voting results of the commission by lots, indicating the decisions of each member of the commission on the admission or rejection of the bid as a whole or by lot;

      4) lots and names of potential suppliers whose bids were rejected by the commission due to non-compliance with the conditions of the announcement or the requirements of these Rules;

      5) non-competitive lots and names of winners whose bids are recognized by the commission as meeting the conditions of the announcement and the requirements of these Rules, with a detailed indication of these price offers;

      6) competitive lots and names of potential suppliers whose bids were admitted to the auction by the commission, indicating the starting prices of the auction;

      7) a note on the presence or absence of false information on compliance with qualification requirements.

      50. Additions to tender bids of potential suppliers shall be considered by the commission within 3 (three) working days. The admission protocol based on the results of consideration of additions to tender bids shall be published in accordance with the requirements of clause 49 of these Rules.

      51. In case of affiliation with a potential supplier, a member of the commission shall not make a decision on his application.

      52. Preliminary admission or admission protocols shall be formed by the procurement web portal based on the voting results of the commission members, which are reflected in the protocols in the context of each of the potential supplier, lot and the requirement of these Rules for the application. Opening protocols and results shall be published automatically by the web portal, shall not be signed by members and the secretary of the commission.

      53. Protocols shall be subject to publication on the web portal only during business hours of the single distributor, with the exception of the results protocol.

      54. 2 (two) working days after the publication of the admission protocol among potential suppliers admitted by the commission to the auction, an auction shall be held to reduce the prices proposed in the bids.

      55. Based on the results of the tender, the web portal shall automatically generate and publish a protocol of results indicating its number, publication time and status, which contains:

      1) number and name of the tender;

      2) name, BIN and legal address of the single distributor;

      3) list of lots according to the announcement;

      4) auction results indicating lots, names of auction participants, submission time and sizes of auction steps;

      5) competitive lots and names of winners in the auction with indication of their price offers;

      6) competitive lots and name potential suppliers that took second place in the auction, indicating these price offers;

      7) lots and names of potential suppliers whose bids were rejected by the commission due to non-compliance with the conditions of the announcement or the requirements of these Rules;

      8) non-competitive lots and names of winners whose bids are recognized by the commission as meeting the conditions of the announcement and the requirements of these Rules, with a detailed indication of these price offers.

      56. In the event of technical malfunctions that do not allow the use of the web portal or generate protocols with errors, the single operator shall fix and immediately publish an announcement about this in the appropriate section of the web portal, which automatically sends appropriate notifications to all participants in the tender.

      57. At the same time, the terms of the tender shall be shifted in proportion to the time required to eliminate technical malfunctions.

      58. The single operator shall not delete protocols published with errors from the web portal and assigns them the "invalid" status. The newly formed protocol without errors shall be published by a single operator on the web portal with the status "valid".

      59. In case of replacement of a protocol, the web portal shall automatically send appropriate notifications to the participants of the tender.

      60. According to the results of the tender, contracts with the winners for each lot shall be subject to conclusion on the web portal individually within five working days after the appeal period specified in clause 104 of these Rules, except for cases that require negotiations according to Chapter 10 of these Rules.

      According to the results of the tender, if the procurement by the tender method or any of its lots is declared invalid, single distributor shall make one of the following decisions:

      1) on re-tendering (in this case, the re-tender shall be held according to the tender procedure in accordance with these Rules);

      2) on changing the conditions of the tender and holding a new tender;

      3) on procurement from a single source.

Chapter 7. Grounds for rejection of a tender bid

      61. A tender bid of the potential supplier shall be rejected by the commission fully (clause 24 of these Rules shall be taken into account when admitting) in the following cases:

      1) it does not meet the requirement of subclause 1) of clause 9 of these Rules;

      2) an extract on the composition of participants or shareholders that influence decision-making by the executive body, the board of directors of the potential supplier, in the form provided on the web portal, and (or) their IIN or BIN is not provided;

      3) information on the absence of the taxpayer's tax debt, debt on mandatory pension contributions, mandatory professional pension contributions, social contributions and deductions and (or) mandatory social health insurance contributions received through the web portal of the "electronic government" not earlier than one month preceding date of opening of envelopes, is not provided;

      4) a permit for pharmaceutical activities has not been submitted: for the wholesale or retail sale of medicines and (or) a notification of the beginning or termination of activities for the wholesale and (or) retail sale of medical products, and (or) a permit for activities related to the circulation of narcotic drugs, psychotropic substances and precursors in healthcare for distribution centers;

      5) it has restrictions related to participation in the procurement, provided for in clause 11 of these Rules;

      6) false information about compliance with qualification requirements or requirements for the service is provided;

      7) potential supplier and (or) co-executor do not comply with the qualification requirements;

      8) it does not comply with the conditions of the announcement and requirements of the Rules.

      In order to clarify the compliance of potential suppliers with the qualification requirements in terms of their non-involvement in the bankruptcy or liquidation procedure, the commission shall consider information posted on the Internet resource of the authorized body exercising control over the bankruptcy or liquidation procedures.

      62. Tender bid of the potential supplier shall be rejected for the lot (clause 24 of these Rules shall be taken into account when admitting) in cases, if the following is not provided:

      1) price offer in accordance with the form provided on the web portal, or filled in improperly;

      2) the contract with the co-executor (if involved) or the term of its validity does not cover the period of provision of the procured service, or other documents confirming the compliance of the co-executor with the terms of the announcement or the requirements of these Rules are not submitted;

      3) collateral in accordance with the requirements of these Rules;

      4) certificate of registered rights to the pharmacy warehouse from the e-government web portal, issued less than one calendar month before the date of opening the bid;

      5) a technical document for a pharmacy warehouse;

      6) a document confirming the availability of an automatic fire alarm in the pharmacy warehouse;

      7) a document confirming the availability of an automatic security guard system in the pharmacy warehouse;

      8) a document confirming the availability of motor vehicles of different load categories.

Chapter 8. Auction

      63. Potential suppliers admitted by the commission according to the admission protocol take part in the auction.

      64. The auction shall start in 2 (two) working days from the date of publication of the admission protocol at 10:00 a.m. on a working day and shall be held on the web portal remotely in real time. Web portal shall automatically and immediately send notifications about the beginning of the auction to auction participants, members and the secretary of the commission and reflects information about the beginning of the auction time for each lot on the web portal in the "Auction" section.

      65. The auction shall be held by sequentially reducing the price of the lot by auction participants, starting from the starting price, using electronic digital signatures of authorized persons of potential suppliers.

      66. The starting price of the auction shall be the price offer of the potential supplier from the application with the lowest price, and if the lowest price is the same for several competitors admitted to the auction, from the bid submitted earlier than the others.

      67. A step of the auction is an opportunity for each competitor in the lot to reduce the starting or lowest price determined in the previous auction step once, within 30 (thirty) minutes from the start of time per step of the auction.

      68. The time for a step of the auction in relation to the starting price of the auction begins at the moment the web portal sends a notice of the beginning of the auction and displays the beginning of the countdown for the lot in the "Auction" section on the web portal, and in relation to the lowest price determined in the previous step of the auction, - at the time of displaying of the beginning of the countdown for the lot in the "Auction" section on the web portal.

      69. The web portal shows a countdown of the thirty-minute time remaining until the end of the auction step, in minutes and seconds.

      70. The number of steps for a lot in the auction is not limited.

      71. Auction participants shall reduce the price within one step of the auction by at least half (0.5) percent of the starting price of the auction for each component of the price of services determined by the formula in accordance with clause 94 of these Rules, and the web portal shall not automatically allow auction participants to reduce price for the wrong amount. To reduce the price, the web portal shall provide for the choice of the size of the step of the auction in percent or tenge.

      72. An auction participant who has not reduced the price in the first or next step of the auction, for which his competitor or competitors have reduced the price, shall be automatically excluded from further participation in the auction, and the web portal automatically does not allow him to reduce the price in subsequent steps of the auction.

      73. The auction participant whose price offer is accepted as the starting price, if it is reduced by a competitor or competitors at the first step of the auction, shall take part in the first step of the auction and reduces the starting price. Otherwise, he shall be automatically excluded from further participation in the auction.

      74. The web portal on procurement shall automatically compare the price offers of competitors by lot and shall determine the lowest price for each lot for the next step of the auction.

      75. The time of the step of the auction shall end within 30 (thirty) minutes from the moment it starts, and if all participants in the auction for the lot have reduced the price - at the time of the submission of the price offer by the last competitor admitted to the auction for the lot.

      76. The auction shall be considered completed when all competitors of the auction participant with the lowest price for the lot have been eliminated from participation in the auction.

      77. The Web portal shall automatically determine the winner of the auction at the lowest price, and if the lowest price is the same for several auction participants, at the price of the auction participant who lowered it before competitors.

      78. If during the first step of the auction none of the participants in the auction lowered the starting price, the winner of the auction shall be the potential supplier, whose price offer has been accepted as the starting price of the auction for the lot.

      79. The winner of the auction shall be the winner of the tender.

      80. The web portal shall automatically determine the potential supplier, which took the second place, only among the competitors of the winner who actually took part in the auction, at the lowest price following the price of the winner. If the price following the price of the winner is the same for several competitors in the lot, the potential supplier who have lowered the price before competitors shall be determined as taken the second place.

Chapter 9. Procedure for procurement from a single source

      81. Procurement from a single source shall be carried out by a single distributor in the following cases:

      1) when the tender is declared invalid - from the supplier, who provided the service in the same administrative-territorial unit as for the lot in the previous financial year;

      2) upon termination of the contract with the supplier - from the potential supplier who took second place, in his absence, with any other competitor in the lot, if the latter meets the qualification requirements and requirements for services;

      3) In case if the single distributor needs the procurement of services within up to a sixty-day requirement for the period until summing up the results of the procurement of services by the single distributor - from the supplier, with whom there is a contract. In case of refusal of the supplier, procurement from a single source shall be carried out among other potential suppliers according to the decision of the single distributor.

      82. Decision on holding the procurement from a single source shall be made by the single distributor within 10 (ten) working days:

      1) from the day the tender was declared invalid on the grounds provided for by these Rules;

      2) when the winner of the tender and the potential supplier, who took second place (if any), avoided signing the contract within the established time frame;

      3) after the contract termination date.

      83. Procurement from a single source provides for the following measures:

      1) adoption by a single distributor of a decision to conduct a purchase from a single source with appropriate justification;

      2) sending a potential supplier, registered on the web portal, an invitation to participate in the procurement from a single source and a draft contract;

      3) posting a protocol on the results of the procurement from a single source on the web portal;

      4) in accordance with the capabilities of the potential supplier, his introduction into the draft contract for the provision of services of changes in the price of the contract, but not higher than the price offered by him during the tender, if the purchase did not take place on the grounds provided for by these Rules;

      5) refusal of one of the parties to conclude a contract in case of disagreement with its terms proposed by the other party, by sending a notification with appropriate justification;

      6) upon agreement of the parties with the terms of the contract, its signing using electronic digital signatures.

      84. The procedure for the procurement from a single source shall be completed by the parties within five working days from the date of sending a notice of procurement from a single source and a draft contract to a potential supplier. Otherwise, the procurement shall be considered failed and after the time expires, the web portal assigns the status “failed” to the purchase, and single distributor conducts a re-procurement.

      In the event if the procurement from a single source is declared invalid, the single distributor shall make one of the following decisions:

      1) on re-procurement through a tender;

      2) on changing the conditions of the tender and holding a new tender.

      85. The web portal shall automatically assign to the signed contract a number and shall indicate the time of its conclusion according to the time and date of signing by the second party.

Chapter 10. Conclusion of the contract, negotiation through the web portal and enforcement of the contract

Paragraph 1. Conclusion and modification of the contract through the web portal

      86. The single distributor, within 1 (one) working day after the expiration of the appeal period, shall send to the winner a request for information about the person signing the contract and the details of the supplier with the draft contract attached through the web portal, taking into account the price established as a result of the procurement.

      87. The potential supplier, within 2 (two) working days from the date of receipt of the relevant request on the web portal, shall fill in and confirm the information about the person signing the contract and the details of the supplier. In the absence of confirmation by the potential supplier of information about the person signing the contract and his details, the single distributor shall sign the contract in accordance with the registration data of the potential supplier, posted on the web portal.

      The single distributor no later than 2 (two) working days from the date of expiration of the period for confirmation by a potential supplier of information in accordance with this paragraph of the Rules, shall form a draft contract, certified by an electronic digital signature, and send it to a potential supplier for signing.

      88. The draft contract shall be certified by the winner by means of an electronic digital signature within 3 (three) working days from the date of receipt.

      89. If the potential supplier, determined by the winner, did not sign the draft contract within the established time limits, the single distributor, within 2 (two) working days from the day the winner avoided concluding the contract, shall form a new draft contract on the web portal and send it to the potential supplier who took second place (if there are results in the protocol). The draft contract shall be certified by the potential supplier, who took second place, by means of an electronic digital signature within 3 (three) working days from the date of presentation of the draft contract to him.

      90. If the potential supplier, who took second place, did not sign the submitted contract within the prescribed period, the single distributor shall hold a re-tender.

      91. The procedure for concluding a contract and negotiating with a potential supplier who took second place shall be held in the same manner as with the winner of the tender.

      92. Any alterations and (or) new conditions to the contract that change the content of the offer, which was the basis for choosing a supplier, shall not be allowed.

      93. Making alterations to the concluded contract, subject to the invariability of quality and other conditions that formed the basis for choosing a supplier shall be allowed:

      1) by mutual agreement of the parties in terms of reducing the price of the contract;

      2) in terms of increasing the volume of services provided with the price unchanged, set according to the formula in accordance with clause 94 of these Rules;

      3) in case of an equivalent replacement of the pharmacy warehouse in case of impossibility to use the previous one for reasons beyond the control of the supplier or replacement with a better quality pharmacy warehouse.

      94. Payment under the contract shall be made at the actual price for the provided service of storage and transportation of goods (X), calculated according to the following formula:

      Х = W+T+L, where

      W = Wj*(S1+S2), where

      W – warehouse storage service;

      Wj - the cost of 1 pallet position based on the results of the competition, depending on the region (j), S1 - the number of pallet positions with a special temperature regime (cold +2 - +8 С, frost -15 -20 С, cool +8 - +15 С); S2 - number of pallet positions without special temperature conditions (+15 - +25 СО);

      T – transportation service

      Т = Cij,

      Cij - the cost of transportation by trucks based on the results of the tender for 1 km, depending on the category of the carrying capacity of vehicles (i) and the region (j), which is provided for in clause 21 of these Rules;

      L - loading and unloading operations

      L = Lj * Lki,

      Lj - the cost of 1 standard hour of loading and unloading operations based on the results of the tender, depending on the region (j);

      Lki - the number of standard hours spent for unloading or loading a car, depending on the tonnage of vehicles (i), in accordance with the categories: category 1 - up to 1.5 tons inclusive - 0.5 hours, category 2 - up to 5 tons inclusive - 1 hour, category 3 - up to 10 tons inclusive - 1.5 hours, category 4 - more than 10 tons - 3 hours.

      At the same time, the standard hour is a unit of work execution time, a unit of account for loading and unloading operations, which include: acceptance, unloading from a vehicle and recalculation of goods, placement of goods for storage, if necessary - sticker packaging of goods and inserting instructions for medical use, assembly (assembly) for shipment or movement of goods, palletizing (placing on a pallet and wrapping with packaging material), loading onto transport, unloading at the place of delivery, execution (signing) of shipping documents.

      In case of provision of emergency medical care, to prevent significant harm to health and (or) eliminate the threat to life, upon a written request from a healthcare organization and an application from the single distributor, the actual price shall include the costs incurred for the services of air delivery of goods at the price of an air carrier.

Paragraph 2. Negotiations for reducing the price of the service through the web portal

      95. The single distributor shall negotiate with the winner to reduce the price of the service through the web portal in cases where the final price of the tender was formed on a non-competitive lot.

      96. An offer to reduce the price shall be sent to the winner through the web portal in the form provided by the web portal, with the appropriate justification within three working days from the date of publication of the protocol of results.

      97. The winner either refuses or agrees to the offer to reduce the price of the contract, about which he sends information to the single distributor through the web portal in the form provided by the web portal, with the appropriate justification within 2 (two) working days. Negotiations shall be considered completed after receiving a notification from the winner about the agreement or rejection of the offer to reduce the price.

      If the winner refuses to reduce the price of the single distributor service, the contract shall be sent through the web portal according to the winner's price offer within 3 (three) working days from the day the negotiations are completed. The draft contract shall be certified by the winner by means of an electronic digital signature within 3 (three) working days from the date of receipt.

      In case of agreement to reduce the price of the contract, the winner of the tender shall send a price offer to the single distributor through the web portal with the final price in the form provided on the web portal. The Web portal shall automatically generate a new draft contract with the changed price and send it to the parties for signing. The parties shall sign the contract by means of an electronic digital signature within 3 (three) working days from the date of receipt.

Paragraph 3. Contract performance security

      98. The amount of a measure to ensure the fulfillment of contractual obligations by the supplier in monetary terms shall be three percent from the price of the contract, concluded by a certain lot, and shall be subject to provision in favor of the single distributor within ten working days from the date of signing the delivery contract by the parties on the web portal.

      99. When concluding a contract, the potential supplier shall choose one of the following ways to ensure the fulfillment of its obligations under the contract as a measure to ensure the fulfillment of its obligations under the contract:

      1) guarantee money contribution, which is paid to the bank account of the single distributor;

      2) bank guarantee on paper in the form provided by the web portal;

      3) electronic bank guarantee provided by the bank in the form provided by the web portal;

      4) a pledge of money in favor of the single distributor proceeding to the supplier in the future, by signing through the web portal an obligation for such a pledge in the form provided by the web portal.

      100. Security for the fulfillment of obligations under the contract shall not be paid during the period of the state of emergency until the expiration of its validity.

      101. The contract performance security shall be deducted in cases of:

      1) refusal of the supplier to provide the service;

      2) termination of the contract at the initiative of the supplier;

      3) unilateral termination of the contract by a single distributor due to non-fulfillment or improper fulfillment by the supplier of obligations under the contract.

      102. The single distributor in case of deduction of the guarantee security of obligations under the contract in the form of:

      1) a money contribution – shall send to the supplier through the web portal notification of money deduction in the form provided by the web portal;

      2) electronic bank guarantee – shall send to the bank and the supplier (for information) through the web portal a request for its payment in the form provided by the web portal;

      3) bank guarantee on paper - shall send to the bank and the supplier (for information) by registered mail a request for its payment;

      4) pledge of money coming to the supplier in the future – shall send to the supplier through the web portal a request to offset the payment under the contract and the amount of the pledge or pay the amount of the pledge.

      The demand for payment of a bank guarantee shall be presented to the bank within twenty banking days from the date of termination or expiration of the contract.

Chapter 11. Appeal

Paragraph 1. Procedure for the appeal

      103. The potential supplier shall appeal actions (inaction), decisions of the single distributor, commissions, single operator, if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier.

      104. In case of appeal against actions (inaction), decisions of the single distributor, commission, single operator to the state audit and financial control body no later than 5 (five) working days from the date of placement of the protocol of the results of the competition, the term for concluding the contract shall be suspended until the end of the term for considering the appeal.

      Appeal against actions (inaction), decisions of the single distributor, commission, single operator by persons who did not participate in the procurement shall not suspend the term of the contract.

      105. In the event of an appeal against actions (inaction) of the single distributor, commission, single operator after the expiration of the period established by clause 104 of these Rules, the appeal shall be considered as part of an electronic state audit in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.

      106. If necessary, a complaint of the potential supplier shall be filed via public information systems in accordance with the requirements of the legislation of the Republic of Kazakhstan on an electronic document and an electronic digital signature.

      107. In the event of an appeal against actions (inaction), decisions of the single distributor, commission, single operator to the state audit and financial control body before the publication of the protocol of results and (or) within the time limits set forth by clause 104 of these Rules, the appeal considered within the stated requirements (arguments) within 10 (ten) working days from the date of expiration of the period set forth by clause 104 of these Rules, within the framework of in-house control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.

      The state audit and financial control body, no later than 1 (one) working day from the date of receipt of the appeal, shall send a notification to the single distributor about the suspension of the conclusion of the contract.

      108. Based on the results of consideration of an appeal received within the time limits established by paragraph 104 of these Rules, the state audit and financial control body shall make a decision to invalidate decisions made in violation of these Rules, or to refuse to allow the appeal.

      109. In case of disagreement with the decision of the state audit and financial control body, the potential supplier, at its discretion, shall appeal it to a higher body, in case of disagreement with the decision of a higher body, shall appeal against it in court in accordance with the legislation of the Republic of Kazakhstan.

Paragraph 2. Appellation procedure

      110. An appeal against actions (inaction), decisions of the single distributor, commissions, a single operator to the state audit and financial control body shall contain:

      1) name, location of the legal entity, actions (inaction) whose decisions are being appealed;

      2) name, location of the complainant;

      3) information about the tender in which violations of these Rules were committed;

      4) the essence of the violation or threat of violation of the rights and freedoms of a citizen or the legitimate interests of a legal entity, the actions (inaction) appealed against, decisions of the single distributor, commissions, a single operator.

      The appeal shall be accompanied by documents confirming the arguments of the person who filed the appeal.

      111. The appeal shall be signed by the person submitting it or his representative.

      The appeal submitted by the representative shall be accompanied by a power of attorney or other document certifying the authority of the representative.

      112. The appeal shall be returned to the person who filed it without consideration within two working days from the date of receipt if:

      1) the appeal does not meet the requirements set forth by clause 110 of these Rules;

      2) the appeal was not signed or signed by a person who does not have the authority to sign it.

  Annex
to the Resolution of the Government
of the Republic of Kazakhstan
dated February 9, 2021 No. 47

List of some invalidated decisions of the Government of the Republic of Kazakhstan

      1. Resolution of the Government of the Republic of Kazakhstan dated July 8, 2015 No. 515 “On approval of the Rules for the procurement of services for the storage and transportation of medicines and medical devices within the guaranteed volume of free medical care by a single distributor and amendments and additions to some decisions of the Government of the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2015, No. 37-38, p. 265).

      2. Clause 3 of amendments to some decisions of the Government of the Republic of Kazakhstan, approved by the Resolution of the Government of the Republic of Kazakhstan dated December 29, 2016 No. 908 "On Amendments to Certain Decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2016, No. 68, p. 464).

      3. Subclause 2) of clause 1 of the Resolution of the Government of the Republic of Kazakhstan November 8, 2017 719 “On Amendments to the Resolutions of the Government of the Republic of Kazakhstan dated October 30, 2009 No. 1729 "On approval of the Rules for organizing and conducting the procurement of medicines, preventive (immunobiological, diagnostic, disinfectant) drugs, medical devices and medical equipment, pharmaceutical services for the provision of a guaranteed volume of free medical care and medical care in the system of compulsory social health insurance" and dated July 8, 2015 515 "On approval of the Rules for the procurement of services for the storage and transportation of medicines and medical products by a single distributor within the guaranteed volume of free medical care and the system of compulsory social health insurance and amendments and additions to some decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2017, No. 55-56-57, p. 358).

      4. Clause 5 of amendments to some decisions of the Government of the Republic of Kazakhstan, approved by the Resolution of the Government of the Republic of Kazakhstan dated June 6, 2019 No. 380 "On Amendments to Some Decisions of the Government of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2019 г., No. 20, p. 173).