Note of the RCPI!
For the procedure for putting this Law into effect, see Article 52
Attention of users!
For the convenience of using the RCPI, a TABLE of CONTENTS has been created.
Chapter 1. GENERAL PROVISIONS
Article 1. Scope of application of this Law
This Law applies to relations related to the purchase of goods, works, services necessary to ensure the functioning, as well as the performance of state functions or statutory activities of the customer, with the exception of:
1) services purchased from individuals under employment contracts;
2) services purchased from individuals who are not subjects of entrepreneurial activity under contracts for the provision of paid services;
3) services related to the implementation of travel expenses;
4) the state task and goods, works, services purchased as part of its implementation in accordance with the budget legislation of the Republic of Kazakhstan;
5) making contributions( contributions), including to the authorized capital of legal entities;
6) goods, works, services purchased by national management holdings, national holdings, national management companies, national companies and legal entities affiliated with them, the National Bank of the Republic of Kazakhstan, its departments, organizations that are part of the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities affiliated with them;
7) military goods( products), dual-use goods( products), military works and military services that are part of the state defense order;
8) goods, works, services purchased by an organization specializing in improving the quality of credit portfolios of second-tier banks for carrying out the types of activities provided for in paragraph 2 of Article 5-1 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan";
9) goods, works, services purchased as part of the implementation of investment projects financed by international organizations of which the Republic of Kazakhstan is a member. The purchase of goods, works, services within the framework of the implementation of investment projects fully or partially financed by other foreign banks is carried out according to the rules of these banks, subject to the following conditions in combination:
a foreign bank has a long-term credit rating in foreign currency not lower than" A - " of the Standard & Poor's agency or a rating of a similar level of one of the other rating agencies;
more than fifty percent of the financing is carried out by foreign banks;
the implementation of the investment project is carried out by state-owned enterprises, legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them;
the implementation of the investment project does not require a state guarantee and does not entail encumbrance of the borrower's property.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 27.02.2017 No. 49-VI (effective after ten calendar days after the date of its first official publication); dated 26.12.2018 No. 202-VI (effective from 01.01.2019); dated 18.03.2019 No. 237-VI (effective after twenty-one calendar days after the date of its first official publication).
Article 2. The main concepts used in this Law
The following basic concepts are used in this Law:
1) false information – false information contained in the application of a potential supplier for participation in a tender (auction), as well as made by corrections that distort the actual content and do not correspond to the validity of the submitted application of a potential supplier;
1-1) auction step – the monetary interval by which the price of the auction item is reduced;
2) potential supplier – an individual engaged in entrepreneurial activity, a legal entity (with the exception of state institutions, unless otherwise established for them by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) applying for the conclusion of a public procurement contract. An individual who is not a business entity may be a potential supplier in the event that customers purchase a dwelling belonging to such an individual on the right of private ownership;
3) an affiliate of a potential supplier – any natural or legal person who 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 natural or legal person in respect of whom this potential supplier has such a right;
4) starting price – the price offered by a potential supplier before the auction, attached to the application for participation in the auction;
4-1) qualification body – a legal entity that performs preliminary qualification selection of potential suppliers and forms a list of qualified potential suppliers, determined by the authorized body;
5) homogeneous goods, works, services – goods, works, services that, while not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions;
6) affiliated persons of state-owned enterprises, legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state – - legal entities in which fifty or more percent of the voting shares (participation shares in the authorized capital) directly or indirectly belong to state-owned enterprises, legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state. Indirect affiliation means that each subsequent affiliated person owns fifty percent or more of the voting shares (participation shares in the authorized capital) of another legal entity;
7) excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (effective from 01.01.2019);
8) works – activities that have a material result, as well as other activities classified as works in accordance with the laws of the Republic of Kazakhstan;
9) competitive price offer – the price offered by a potential supplier for participation in public procurement by means of a tender, attached to the application for participation in the tender;
10) the tender commission (auction commission) is a collegial body created by the organizer of public procurement to perform the procedure for conducting public procurement by the method of tender (auction) provided for by this Law. The tender commission (auction commission) must consist of an odd number, but not less than three people;
11) tender documentation (auction documentation) – documentation submitted to a potential supplier for the preparation of an application for participation in a tender (auction), which contains the requirements for an application for participation in a tender (auction), the conditions and procedure for public procurement by means of a tender (auction);
12) services – an activity aimed at meeting the needs of the customer, which does not have a material result;
13) residents of the Republic of Kazakhstan – citizens of the Republic of Kazakhstan, including those who are temporarily abroad or are in public service outside of it, 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 their location on its territory, as well as their branches and representative offices with their location in the Republic of Kazakhstan and abroad;
diplomatic, trade and other official representations of the Republic of Kazakhstan located outside its borders;
14) public procurement – the purchase by customers of goods, works, services in whole or in part at the expense of budget funds and (or) their own income, with the exception of income related to the provision of services to non-residents of the Republic of Kazakhstan;
15) the web portal of public procurement is an information system of a state body that provides a single access point to electronic public procurement services;
16) unified organizer of public procurement – a legal entity determined by the Government of the Republic of Kazakhstan, the akimat of the region, the city of republican significance and the capital or the akimat of the district, city, district in the city, performing the procedures for organizing and conducting centralized public procurement;
16-1) rationing of public procurement – establishing requirements for purchased goods, works, services, including natural norms developed and approved in accordance with the budget legislation of the Republic of Kazakhstan;
17) identification code of public procurement – an identification number assigned to each public procurement (lot), which contains information about all stages of public procurement;