About public procurement

    RCPI Note!       For the procedure for the enactment of this Law, see Article 52       To the attention of users , a TABLE of CONTENTS has been created for the convenience of using the RCPI. 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 business entities under contracts for the provision of paid services;       3) services related to the implementation of travel expenses;       4) the state assignment 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 within the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty percent or more of voting shares (participation interests in the authorized capital) 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 included in 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 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, and 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:       A foreign bank has a long-term foreign currency credit rating of at least "A-" from Standard & Poor's or a rating of a similar level from one of the other rating agencies;       more than fifty percent of the financing is provided by foreign banks;       the implementation of the investment project is carried out by state-owned enterprises, legal entities, fifty percent or more 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.       A footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 02/27/2017 No. 49-VI (effective after ten calendar days after the date of its first official publication); dated 12/26/2018 No. 202-VI (effective from 01.01.2019); dated 03/18/2019 No. 237-VI (effective after twenty-one calendar days the day after the day of its first official publication). Article 2. The basic 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) the auction step is the monetary interval by which the price of the auction item is reduced;       2) a potential supplier is 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 home owned by such an individual on the right of private ownership;       3) an affiliated person of a potential supplier is 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 written transaction, 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, which cannot be lower than the allocated amount of the auction item by more than five percent;       4-1) qualification body – a legal entity that carries out the 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 (shares in the authorized capital) of which belong to the state, - legal entities in which fifty or more percent of the voting shares (shares in the authorized capital) directly or indirectly belong to state-owned enterprises, legal entities, fifty or more percent voting shares (shares of participation 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 (shares in the authorized capital) of another legal entity;       7) excluded by the Law of the Republic of Kazakhstan dated December 26, 2018 No. 202-VI (effective from 01.01.2019);       8) works – activities having a tangible result, as well as other activities classified as works in accordance with the laws of the Republic of Kazakhstan;       8-1) the conciliation commission is a permanent collegial body established by the customer in the manner prescribed by this Law, considering applications from potential suppliers included in the register of unscrupulous participants in public procurement due to evasion from concluding a public procurement contract;       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 established by the organizer of public procurement to carry out the procedure for conducting public procurement in the manner of a 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 requirements for an application for participation in a tender (auction), conditions and procedure for public procurement by means of a tender (auction);       12) services – activities aimed at meeting the needs of the customer, which do not have a tangible result;       13) residents of the Republic of Kazakhstan – citizens of the Republic of Kazakhstan, including those temporarily staying abroad or in public service outside its borders, 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 that 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 budgetary funds allocated from the Education Infrastructure Support Fund in accordance with the legislation of the Republic of Kazakhstan and (or) their own income, with the exception of income from international airports related to the provision of services to non-residents of the Republic of Kazakhstan;       15) the public procurement web portal is an information system of a public authority that provides a single point of access to electronic public procurement services;       16) a single organizer of public procurement is a legal entity designated by the Government of the Republic of Kazakhstan, the akimat of a region, a city of republican significance and the capital, or the akimat of a district, city, district in the city, carrying out procedures for organizing and conducting centralized public procurement;