On Public Procurement
Unofficial translation
Law of the Republic of Kazakhstan dated December 4, 2015 No. 434-V.
Unofficial translation
Chapter 1. GENERAL PROVISIONS
Article 1. The scope of this Law
This Law shall apply to the relations related to purchase of goods, works, services necessary for functioning, as well as performing state functions or statutory activities of the customer, except for:
1) services purchased from individuals under employment contracts;
2) services purchased from individuals who are not entrepreneurial entities, under contracts of paid services;
3) services related to implementation of traveling expenses;
4) state task and goods, works, services purchased in the framework of its implementation in accordance with the budget legislation of the Republic of Kazakhstan;
5) making contributions (deposits), 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, which fifty or more percent of the voting shares (stakes in the authorized capital) belong to the National Bank of the Republic of Kazakhstan or are in its trust management, and their affiliated legal entities;
7) military goods (products), dual-use (application) 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 types of activity provided for in paragraph 2 of Article 5-1 of the Law of the Republic of Kazakhstan "On Banks and Banking Activity in the Republic of Kazakhstan";
9) goods, works, services purchased in the framework of realization of investment projects financed by international organizations of which the Republic of Kazakhstan is a member. Acquisition of goods, works and services within the framework of realization of investment projects, fully or partially financed by other foreign banks, shall be carried out according to the rules of these banks, in compliance with the following conditions:
the foreign bank has a long-term credit rating in foreign currency not lower than "A-" of Standard & Poor's agency or a rating of a similar level of one of the other rating agencies;
more than fifty percent of financing shall be carried out by foreign banks;
realization of the investment project shall be carried out by state enterprises, legal entities, which fifty percent or more of the voting shares (stakes in the authorized capital) belong to the state, and legal entities affiliated with them;
realization of the investment project does not require a state guarantee and does not involve 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 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2009); № 237-VI as of 18.03.2019 (shall be enforced twenty-one calendar days after its first official publication).
Article 2. Basic definitions used in this Law
The following basic definitions shall be used in this Law:
1) unreliable information – false information contained in the application of a potential supplier for participation in the tender (auction), as well as made by corrections that distort the actual content and do not correspond to the reality of the application submitted by the potential supplier;
1-1) auction step – a monetary interval for which the price of the auction is reduced;
2) a potential supplier – an individual carrying out entrepreneurial activity, a legal entity (except for state institutions, unless otherwise established for them by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium), claiming for conclusion of a contract on public procurement. An individual who is not a subject of entrepreneurial activity may be a potential supplier in the case of acquisition of a dwelling by the customers belonging to such an individual on the right of private ownership;
3) an affiliated entity of a potential supplier – any individual or legal entity who has the right to make decisions and (or) influence on the decisions made by this potential supplier, including by virtue of transaction made in written form, as well as any individual or legal entity in respect of which 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 less than the allocated amount of the subject of the auction by more than five percent;
4-1) qualifying body – a legal entity pre-qualifying potential suppliers and forming a list of qualified potential suppliers, which is determined by the authorized body;
5) homogeneous goods, works, services – goods, works, services that are not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions;
6) affiliated entities of state enterprises, legal entities, which fifty or more percent of voting shares (stakes in the authorized capital) belong to the state - legal entities which fifty or more percent of voting shares (stakes in the authorized capital) directly or indirectly belong to state enterprises, legal entities, fifty or more percent of voting shares (stakes in the authorized capital) of which belong to the state. Indirect ownership means the ownership of each subsequent affiliated entity of fifty or more percent of the voting shares (stakes in the authorized capital) of another legal entity;
7) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019);
8) works – an activity having real results, as well as other activity referred to the works in accordance with the laws of the Republic of Kazakhstan;
8-1) conciliation commission - a permanent collegial body created by the customer in the manner prescribed by this Law, considering the appeals of 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 the tender method attached to the application for participation in the tender;
10) tender commission (auction commission) – a collegial body established by the organizer of public procurement for implementation of the procedure of public procurement by the way of tender (auction) provided for by this Law. 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 the tender (auction), which contains the requirements for the application for participation in the tender (auction), the conditions and procedure for public procurement by the way of tender (auction);
12) services – activity aimed at meeting the needs of the customer, which does not have a tangible result;
13) residents of the Republic of Kazakhstan – citizens of the Republic of Kazakhstan, including temporarily being abroad or in public service abroad, with the exception of citizens who have a document on the right of permanent residence in a foreign country, issued in accordance with the legislation of that state;
foreigners and stateless persons having a document on the right of permanent residence in the Republic of Kazakhstan;
legal entities established in accordance with the legislation of the Republic of Kazakhstan, with location on its territory, as well as their branches and representative offices with location in the Republic of Kazakhstan and abroad;
diplomatic, trade and other official representative offices of the Republic of Kazakhstan located abroad;
14) public procurement - the purchase by customers of goods, works, services in full or in part at the expense of budgetary funds 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) web portal of public procurement – information system of state body, providing a single point of access to electronic public procurement services;
16) a single organizer of public procurement – a legal entity determined by the Government of the Republic of Kazakhstan, akimat of the region, the city of republican significance and the capital city or akimat of the district, city, district in the city, carrying out implementation of procedures for organization and conduct of centralized public procurement;
16-1) regulation of public procurement – establishment of requirements for the 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 – identification number assigned to each public procurement (lot), which contains information of all stages of public procurement;
18) the procedure of organization and conduct of public procurement – a set of interrelated, consistent activities carried out by the organizer of public procurement, the relevant commission in accordance with this Law, in order to conclude a contract with a potential supplier of public procurement;
18-1) the organizer of public procurement - a legal entity or a structural unit acting on behalf of the legal entity that created it, organizing and conducting public procurement in accordance with Article 7 of this Law;
19) subjects of the public procurement system – a potential supplier, a supplier, a customer, an organizer of public procurement, a single organizer of public procurement, a single operator in the sphere of public procurement, an authorized body, an expert;
20) a single operator in the sphere of public procurement – a legal entity determined by the authorized body in the sphere of public procurement, which sole owner of the shares (stakes in the authorized capital) is the state;
21) an authorized body in the sphere of public procurement (hereinafter – an authorized body) – the state body carrying out management in the sphere of public procurement;
21-1) electronic depository in the field of public procurement (hereinafter - electronic depository) - an electronic database containing information and documents confirming the work experience of potential suppliers, formed on the web portal of public procurement in the manner determined by the rules for public procurement;
22) contract on public procurement – a civil-legal contract concluded through the web portal of public procurement between a customer and a supplier, certified by electronic digital signatures, except for the cases provided for by this Law;
22-1) framework agreement - an agreement concluded between a single organizer of public procurement and (or) an organizer of public procurement with potential suppliers based on the results of centralized public procurement for the purpose of subsequent conclusion of a public procurement contract between a customer and a participant in a framework agreement;
23) instruction – an obligatory for execution act of an authorized body, sent to the objects of control to eliminate violations of the legislation of the Republic of Kazakhstan on public procurement and (or) the causes and conditions contributing them, as well as taking measures of responsibility, provided by the laws of the Republic of Kazakhstan, to the persons who committed these violations;
23-1) off-take contract - an agreement concluded between a customer and a potential supplier on a guaranteed purchase in the future of goods planned for production;
24) a supplier – an individual carrying out entrepreneurial activity, a legal entity (except for state institutions, unless otherwise provided by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) acting as a counterparty of
the customer in the contract concluded with him on public procurement. An individual who is not a subject of entrepreneurial activity may be a supplier in the case of acquisition by the customers of a dwelling belonging to such an individual on the right of private ownership;
25) expert commission – a collegial body created by the organizer of public procurement or the customer with involvement of experts to participate in the development of technical tasks and (or) technical specifications of purchased goods, works, services and (or) preparation of an expert conclusion on the compliance of proposals of potential suppliers of technical specifications of purchased goods, works, services;
26) expert – an individual having special and (or) technical knowledge, experience and qualification in the field of the conducted public procurement confirmed by the relevant documents (diplomas, certificates, licenses and other documents) attracted by the organizer of public procurement or the customer for participation in development of technical task and (or) technical specification of purchased goods, works, services and (or) preparation of an expert conclusion on the compliance of proposals of potential suppliers of technical specification of purchased goods, works, services;
27) customers – state bodies, state institutions, as well as state enterprises, legal entities, which fifty or more percent of voting shares (stakes in the authorized capital) belong to the state, and legal entities affiliated with them, except for:
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 branches, organizations included in the structure of the National Bank of the Republic of Kazakhstan, and legal entities, which fifty percent or more of the voting shares (stakes in the authorized capital) belong to the National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities affiliated with them;
state enterprises as property complexes, legal entities, which fifty or more percent of voting shares (stakes in the authorized capital) belong to the state, and legal entities affiliated with them transferred to the trust management of individuals or non-state legal entities with the right of subsequent redemption;
28) goods – objects (things), including semi-finished products or raw materials in solid, liquid or gaseous state, electric and thermal energy, objects of intellectual property rights, as well as real rights with which it is possible to make purchase and sale transactions in accordance with the laws of the Republic of Kazakhstan;
29) the database of prices for goods, works, services – information subsystem which is a part of the web portal of public procurement containing data on the developed minimum, average and maximum prices of goods, works, services following the results of public procurement;
30) a reference book of goods, works, services (further – a reference book) – the systematized list of codes of goods, works, services determined by an authorized body used for implementation of public procurement;
31) national regime – a regime providing for admission of goods, works, services of foreign origin and potential suppliers offering such goods, works, services to participate in public procurement on equal terms with goods, works, services of domestic origin and potential suppliers offering such goods, works, services, if the requirement for such a regime is established by international treaties ratified by the Republic of Kazakhstan.;
31-1) format-logical control - a set of software restrictions installed on the public procurement web portal, aimed at ensuring that users of the public procurement web portal comply with the legislation of the Republic of Kazakhstan on public procurement;
32) conditional price - the price calculated taking into account the application to the competitive price offer of the bidder of the relative value of the criteria provided in the tender documentation, and used exclusively in evaluating and comparing the tender price offers to determine the winner of the tender.
33) electronic wallet - a personal account of a potential supplier or supplier used by a single operator in the field of public procurement to reflect the operations of a potential supplier or supplier when he deposits money into his bank account opened with the central authorized body for budget execution in the manner determined by the authorized body, related to:
securing applications for participation in the tender, auction and request for quotations;
ensuring the execution of the contract on public procurement;
ensuring the advance payment (if the public procurement contract provides for an advance payment);
by depositing the amount in accordance with Article 26 of this Law (if any);
34) electronic store - a single information system, defined by a single operator in the field of public procurement, integrated with the public procurement web portal, in which potential suppliers that meet the requirements determined by the authorized body post information about goods and their prices;
35) electronic catalog of goods - an information subsystem of the public procurement web portal, designed to form a unified description of goods for the purpose of automated identification of purchased goods.
Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 20.06.2018 No. 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 202-VI as of 26.12.2018 (the enforcement procedure is in Art. 6); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 3. Legislation of the Republic of Kazakhstan on public procurement
Article 4. Principles of public procurement
Public procurement shall be based on the principles of:
1) optimal and efficient spending of money used for public procurement;
2) providing the equal opportunities to the potential suppliers to participate in the procedure of public procurement, except as provided for by this Law;
3) fair competition among potential suppliers, prevention of collusion between procurement participants;
4) openness and transparency of the public procurement process, including compliance with the legal rights of suppliers to trade secrets (before summing up the results of public procurement);
5) providing support to domestic producers of goods, as well as domestic suppliers of works and services to the extent that it is not contrary to international treaties ratified by the Republic of Kazakhstan;
6) responsibility of participants of public procurement;
7) prevention of corruption;
8) purchase of innovative and high-tech goods, works and services;
9) observance of rights to the objects of intellectual property contained in the purchased goods.
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 20.06.2018 No. 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 5. Public procurement process
1) the development and approval of the annual public procurement plan (preliminary annual public procurement plan);
2) the selection of a supplier and entering into a public procurement contract with him/her/it;
3) the execution of the public procurement contract.
On the basis of a positive proposal from a relevant budget commission, the customer has the right to develop and approve a preliminary annual public procurement plan prior to the approval (adjustment) of the relevant budget.
Customers that are state-owned enterprises, legal entities, more than fifty percent of the voting shares (participatory interests in the authorized capital) of which belong to the state, have the right to develop and approve a preliminary annual public procurement plan prior to the approval of the development plan or individual financing plan.
In the above cases, a preliminary annual public procurement plan is developed and approved separately both at pre-approval and pre-adjustment stages of the relevant budget (development plan) or individual financing plan.
The preliminary annual public procurement plan is valid until the approval (adjustment) of the annual public procurement plan.
Information on public procurement, provided for in the preliminary annual public procurement plan, is transferred to the annual public procurement plan.
The annual public procurement plan is approved (adjusted) by the customer within ten working days of approval (adjustment) of the relevant budget (development plan) or individual financing plan.
The annual public procurement plan (preliminary annual public procurement plan) shall contain the following information:
1) the identification code of public procurement;
2) the nomenclature of goods, works, services according to the reference book, including amounts allocated for public procurement, ex. VAT;
3) the method and timing of public procurement;
4) the planned dates and place of supply of goods, performance of works, provision of services;
5) the planned terms for the supply of goods, the performance of works, the provision of services in accordance with the schedule and with a breakdown by year within the amounts allocated and provided for each financial year in the cases specified in Article 43 of this Law;
6) the conditions for carrying out public procurement in accordance with Article 51 of this Law.
The information on public procurement specified in subparagraphs 1), 2), 3), 4), 5) and 6) of part eight of this paragraph, in the cases provided for by subparagraph 2-1) of part two of paragraph 2 of Article 79 of the Budget Code of the Republic of Kazakhstan, shall be approved by the customer in the annual public procurement plan.
The annual public procurement plan shall be approved by the customer within ten working days of execution of paragraph 7 of Article 153 of the Budget Code of the Republic of Kazakhstan.
When planning and implementing public procurement, customers shall be guided by the priority of acquiring innovative and high-tech goods, works, and services.
1) to indicate the prepayment (advance payment) worth thirty percent of the amount allocated for public procurement, ex. VAT;
2) to post design and estimate documentation examined in accordance with the legislation of the Republic of Kazakhstan on the public procurement website.
The requirement of part one of this clause does not apply in the cases below:
1) the implementation of public procurement by state enterprises, legal entities, more than fifty percent of voting shares (participatory interests in the authorized capital) of which belong to the state, and legal entities affiliated with them;
2) the execution of orders, notifications on the elimination of violations identified as a result of control measures, including the results of in-house audit;
3) the distribution of distributed budget programs, as well as when specifying and adjusting the budget;
4) adoption of the decision provided for by subparagraph 1) of part one of paragraph 2 of Article 22 of this Law;
5) the purchase of goods, services related to representation expenses;
6) the purchase of goods, works, services due to savings resulting from public procurement.
The customer, within five working days of the decision on amendments and (or) additions to the annual public procurement plan (preliminary annual public procurement plan), is obliged to post the amendments and (or) additions made on the public procurement website, except for the information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing classified information determined by the Government of the Republic of Kazakhstan.
Customers have the right to make a decision to carry out public procurement prior to the approval of the corresponding budget in the case of public procurement by tender using two-stage procedures.
1) reduction of expenses for the purchase of goods, works, services provided for in the approved (adjusted) annual public procurement plan (preliminary annual public procurement plan), which occurred as a result of adjusting (revising) the relevant budget, draft budget, in accordance with the legislation of the Republic of Kazakhstan;
2) amendments and additions to the strategic plan of a state body, budget (development plan) or individual financing plan of the customer, which exclude the need to purchase goods, works, services provided for in the approved (adjusted) annual public procurement plan (preliminary annual public procurement plan), in accordance with the legislation of the Republic of Kazakhstan.
In the case specified in subparagraph 2) of part one of this paragraph, it is not allowed to make amendments and additions to the annual public procurement plan (preliminary annual public procurement plan) aimed at the purchase of such goods, works, services in the current year.
The single operator in the field of public procurement, from the moment of posting an announcement of the adoption of the decision, specified in paragraph 13 of this article, on the public procurement website, in the manner prescribed by the public procurement rules, unlocks the security of the application for participation in the tender (auction) and quote request in the form of money in the digital wallet of a potential supplier.
Footnote. Article 5 is as amended by Law № 202-VI of the Republic of Kazakhstan as of 26.12.2018 (the enforcement procedure is in Art. 6); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 6. Restrictions related to participation in public procurement
1) close relatives, spouse (s) or relatives-in-law of the first leaders of this potential supplier and (or) an authorized representative of this potential supplier have the right to decide on the selection of the supplier or are representative of the customer or organizer of public procurement in the conducting public procurement;
2) the potential supplier and (or) its employee provide and (or) provided expert, consulting and (or) other works, services for the preparation of public procurements to the customer or organizer of public procurement, participated as a customer, general designer or sub-designer in the development of a feasibility study and (or) design (design and estimate) documentation for the construction of an object where the subject of public procurement is construction and installation work, engineering services for technical supervision and project management, with the exception of the participation of the developer of a feasibility study in public procurement for development of design (design and estimate) documentation.
This requirement does not apply to the projects implemented in accordance with international construction standards;
3) the head of a potential supplier applying for participation in public procurement has relation with the management, institution, participation in the authorized capital of legal entities that are in the register of unfair participants of public procurement;
4) the head of a potential supplier applying for participation in public procurement is an individual engaged in entrepreneurial activities included in the register of unfair participants of public procurement;
5) a potential supplier who is an individual engaged in entrepreneurial activity, applying for participation in public procurement, is the head of a potential supplier who is included in the register of unfair participants of public procurement;
6) a potential supplier is in the register of unfair participants of public procurement;
7) a property of a potential supplier and (or) a subcontractor (co-executor) attracted by him, the book value of which exceeds ten percent of the value of the respective fixed assets, is seized;
8) a potential supplier and (or) subcontractor (co-executor) attracted by him have unfulfilled obligations under the executive documents and are included by the authorized body implementing state policy and state regulation of activity in the sphere of enforcement of executive documents into the Unified register of debtors.
This requirement does not apply to potential suppliers and suppliers, specified in cases, provided for in subparagraphs 1), 27) and 36) of paragraph 3 of Article 39 of this Law;
9) the activity of a potential supplier and (or) a subcontractor (co-executor) attracted by him is suspended in accordance with the legislation of the Republic of Kazakhstan or the legislation of the state of the potential non-resident supplier of the Republic of Kazakhstan;
10) the potential supplier and (or) the subcontractor (co-executor) engaged by him, and (or) their head, founders (shareholders) are included in the list of organizations and persons involved in financing the proliferation of weapons of mass destruction, and (or) in the list of organizations and persons related to the financing of terrorism and extremism, in the manner prescribed by the legislation of the Republic of Kazakhstan;
11) a potential supplier is a legal entity whose place of registration is a state or territory included in the list of countries with preferential taxation (offshore zones) approved by the authorized body that manages the provision of taxes and payments to the budget.
1-1. The restrictions provided for by subparagraphs 3), 4), 5) and 6) of paragraph 1 of this article also apply to potential suppliers that are in the register of unscrupulous procurement participants provided for by the legislation of the Republic of Kazakhstan on procurement of certain subjects of the quasi-public sector, and (or) the list of unreliable potential suppliers (suppliers) of the National Welfare Fund.
A potential supplier, recognized as the winner of the tender for public procurement of construction and installation works, and its affiliated person do not have the right to participate in public procurement of engineering services at the same construction site.
A potential supplier, recognized as the winner of the tender for public procurement of engineering services, and its affiliated person do not have the right to participate in public procurement of construction and installation works at the same construction site.
1) the customer, if such a fact is established after the conclusion of the contract on public procurement;
2) the organizer of public procurement, the single organizer of public procurement, if such a fact is established before the conclusion of the contract on public procurement.
In this case, copies of documents confirming this fact must be attached to the notification.
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated № 202-VI as of 26.12.2018 (the enforcement procedure is in Art. 6); dated 13.05.2020 No. 325-VІ (shall be enforced six months after the day of its first official publication); dated 29.06.2020 No. 352-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022); dated 03.01.2022 No. 101-VII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).
Article 7. The procedure for determining the organizer of public procurement
The customer shall have the right to determine a subordinate state agency of the customer as the organizer of public procurement.
The administrator of the budget program has the right for several legal entities in respect of which he acts as a government body, departments and subordinate organizations to determine among them the organizer of public procurement.
A state enterprise shall have the right to act as an organizer of public procurement for its affiliated persons.
A legal entity, which fifty or more percent of the voting shares (stakes in the authorized capital) belong to the state, shall have the right to act as an organizer of public procurement for its affiliated persons.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 8. The procedure for conduct of centralized public procurement
1) according to the list of goods, works, services, determined by the authorized body;
2) according to the list of goods, works, services, determined by the authorized body, by combining homogeneous goods, works, services into one lot, regardless of the place of their supply (performance, provision).
Footnote. Article 8 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 9. Qualification requirements for a potential supplier
1) have legal capacity (for legal entities), civil capacity (for individuals);
2) be financially stable and not have a tax debt exceeding six times the amount of the monthly calculation index established for the corresponding financial year by the law on the republican budget.
The financial stability of a potential supplier is determined in the manner specified by the rules for public procurement;
3) not be subject to bankruptcy or liquidation proceedings;
4) have material, labor and financial resources sufficient to fulfill obligations under the public procurement contract;
5) work experience (with the exception of cases when the subject of public procurement is the existence of a license and (or) permission from a potential supplier).
The qualification requirements provided for by part one of this paragraph is established in the manner determined by the rules for public procurement.
1) limit and unreasonably complicate the participation of potential suppliers in public procurement;
2) do not directly follow from the need to fulfill obligations under the contract on public procurement of goods, works and services.
In the absence of information in the information systems of state bodies, the potential supplier submits a notarized or electronic copy of the relevant permit (notice) received (sent) in accordance with the legislation of the Republic of Kazakhstan.
A potential supplier, who provides to involve subcontractors (co-executors) of works or services, must submit the documents confirming the compliance of the involved subcontractors (co-executors) of works or services with the qualification requirements established by subparagraphs 1), 2) in terms of tax debt and 3) of part one of paragraph 1 of this Article, to the organizer of public procurement.
In case of involvement of subcontractors (co-executors) for the performance of separate types of works or services, the documents confirming their compliance to the qualification requirements established by subparagraphs 1), 2) in part of tax debt and 3) part one of paragraph 1 of this Article shall be submitted on the types of works, services performed by them.
7) excluded by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022);
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated № 202-VI as of 26.12.2018 (the enforcement procedure is in Art. 6); dated 29.06.2020 No. 352-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 10. Grounds for recognition of a potential supplier as not complying with qualification requirements
1) non-submission of a document (s) to confirm the compliance with the qualification requirements of a potential supplier and (or) its involved subcontractor (co-executor) of works or services;
2) establishing the fact of non-compliance with the qualification requirements on the basis of information contained in the documents provided by the potential supplier for confirmation its compliance, as well as non-compliance of the involved subcontractor (co-executor) of the works or services with qualification requirements;
3) establishing the fact of providing false information on qualification requirements.
Article 11. Consequences of providing false information by a potential supplier, supplier
Footnote. The heading of Article 11 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
1) the customer, if such a fact is established after summarizing the results of public procurement;
2) the organizer of public procurement, a single organizer of public procurement, if such a fact is established before the results of public procurement.
At the same time, copies of documents confirming this fact must be attached to the written notification.
Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 12. Registers formed in the field of public procurement
1) carries out the formation and maintenance of the following republican registers in the field of public procurement (hereinafter referred to as registers):
customers;
public procurement contracts;
unscrupulous participants in public procurement;
complaints;
2) forms and maintains a database of passports of potential suppliers.
Information on contracts concluded as a result of public procurement provided for in subparagraphs 9), 18), 31), 32) and 35) of paragraph 3 of Article 39 and Article 50 of this Law is not included in the register of public procurement contracts.
1) potential suppliers or suppliers who provided false information on qualification requirements and (or) documents that affect the competitive quotation;
2) potential suppliers, determined by the winners, who evaded the conclusion of a public procurement contract;
3) suppliers who have not fulfilled or improperly fulfilled their obligations under public procurement contracts concluded with them.
In the case specified in subparagraph 1) of part one of this paragraph, the organizer of public procurement, the single organizer of public procurement, the customer or the authorized body are obliged not later than thirty calendar days from the day they became aware of the fact of violation by the potential supplier or supplier of the legislation of the Republic of Kazakhstan on public procurement, file a lawsuit in court to recognize such a potential supplier or supplier as an unfair participant in public procurement.
In the case specified in subparagraph 3) of part one of this paragraph, the customer is obliged, no later than thirty calendar days from the day when he became aware of the fact of violation by the supplier of the legislation of the Republic of Kazakhstan on public procurement, to file a claim with the court to recognize such a supplier as an unfair participant in public procurement, except for cases that collectively satisfy the following conditions:
1) payment by the supplier of a penalty (fine, penalty);
2) full performance of contractual obligations;
3) no damage caused to the customer.
The register of unscrupulous participants in public procurement, provided for in subparagraph 2) of part one of paragraph 4 of this article, is formed on the basis of a decision of the authorized body to recognize potential suppliers as unscrupulous participants in public procurement.
The conciliation commission considers the appeal of a potential supplier who evaded the conclusion of a public procurement contract and decides to exclude or refuse to exclude such a potential supplier from the register of unscrupulous participants in public procurement.
If a decision is made to exclude a potential supplier from the register of unscrupulous participants in public procurement, the customer applies to the authorized body.
The authorized body makes a decision to exclude a potential supplier from the register of unscrupulous participants in public procurement, taking into account the decision of the conciliation commission.
Potential suppliers included in the register of unscrupulous participants in public procurement on the grounds provided for in subparagraph 2) of part one of paragraph 4 of this article are not allowed to participate in public procurement within twenty-four months from the date of the decision by the authorized body to recognize them as unscrupulous participants in public procurement.
The information contained in the register of unscrupulous participants in public procurement is excluded from the specified register no later than one working day from the date of expiration of the period established by parts one and two of this paragraph.
1) expiration of the terms established by parts one and two of paragraph 8 of this article;
2) the presence of a judicial act that has entered into legal force to cancel the decision to recognize a participant in public procurement as an unfair participant;
3) the decision of the authorized body, adopted following the results of consideration by the conciliation commission of the application of a potential supplier to exclude him from the register of unscrupulous participants in public procurement.
Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 12-1. Electronic catalog of goods
Footnote. Chapter 1 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 13. The methods of public procurement
Subparagraph 1) of paragraph 1 is provided to be suspended from 01.01.2022 to 01.01.2023, in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
1) tender (open tender, tender using two-stage procedures, tender with prequalification, tender using framework agreements, tender using a rating-point system, tender using the calculation of the life cycle cost of purchased goods, works, services);
2) at auctions;
3) request for quotations;
4) from one source;
5) through commodity exchanges;
6) through the electronic store.
1-1. The methods of public procurement provided for in subparagraphs 1), 2), 3), 5) and 6) of paragraph 1 of this article are recognized as competitive.
2-1. When determining the method of public procurement, customers tend to choose competitive methods of public procurement.
Article 14. Application of national treatment in public procurement
Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Chapter 2. STATE REGULATION OF PUBLIC PROCUREMENT
Article 15. The competence of the Government of the Republic of Kazakhstan in the sphere of public procurement
The Government of the Republic of Kazakhstan shall:
1) develop the main directions of state policy in the sphere of public procurement and organize their implementation;
2) perform other functions assigned to it by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 16. The competence of the authorized body
The authorized body shall:
1) approve the rules of conducting public procurement;
2) approves the rules for collecting, summarizing and analyzing public procurement reports, including the procedure for generating public procurement reports;
3) approve the rules for the use of the web portal of public procurement;
4) approve the rules of work of the web portal of public procurement in the event of technical failures of the web portal of public procurement;
5) carry out control over the compliance with the legislation of the Republic of Kazakhstan on public procurement, including desk control, if necessary, check the accuracy of the reporting data, materials and information provided by the participants of public procurement;
6) take a decision on cancellation of decisions of the organizer of public procurement, the single organizer of public procurement, the customer and the tender commission (auction Commission), adopted in violation of the legislation of the Republic of Kazakhstan on public procurement, or on cancellation of public procurement before the conclusion of contracts on public procurement;
7) determine the list of types of goods, works, services, which public procurement is conducted in accordance with the standard tender documents (auction documents), developed and approved by the authorized bodies of the relevant branch in coordination with the authorized body;
7-1) develop and approve a list of separate goods, works, services, in public procurement of which additional requirements may be established for potential suppliers and suppliers;
8) approve the rules of retraining and advanced training of employees carrying out their activity in the sphere of public procurement;
9) approve the rules of formation and maintenance of registers in the sphere of public procurement;
10) request the necessary information and materials from the participants of public procurement in accordance with the rules of conducting public procurement;
11) attract experts of state bodies and other organizations for conducting examinations and consultations;
11-1) ensure integration of the information system of public procurement with the information system of the National chamber of entrepreneurs of the Republic of Kazakhstan in order to form a single point of access to procurement conducted in accordance with the legislation of the Republic of Kazakhstan;
11-2) develop and approve methodological recommendations on public procurement issues, including in coordination with the authorized bodies of the relevant industry;
11-3) forms and maintains an electronic depository;
11-4) determines the list of goods, works, services for which it is necessary to involve an expert commission or an expert;
11-5) approves the model regulation and the procedure for the work of the conciliation commission;
12) exercise other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 17. Powers of a single operator in the field of public procurement
A single operator in the field of public procurement:
1) carries out the development, maintenance and system maintenance of the public procurement web portal, the electronic catalog of goods;
2) manages projects for the development of the public procurement web portal, the electronic catalog of goods;
3) on a paid basis, provides potential suppliers with services for the use (access) to the public procurement web portal. The price for services for the use (access) by potential suppliers of the public procurement web portal is set by a single operator in the field of public procurement in agreement with the authorized body.
At the same time, the price for services for the use (access) of the public procurement web portal should ensure full reimbursement of the costs incurred by a single operator in the field of public procurement for exercising the powers of a single operator in the field of public procurement;
4) provides consulting assistance to the subjects of the public procurement system on the functioning of the public procurement web portal free of charge;
5) ensures the information security of storage of electronic information resources of the subjects of the public procurement system posted on the web portal of public procurement, as well as the electronic catalog of goods;
6) creates information content of the public procurement web portal in accordance with the rules for public procurement;
7) interacts with authorized entities on issues of integration of information systems of state bodies, state electronic information resources and ensuring information security;
8) implements, fills the electronic catalog of goods, and also ensures availability for placement by potential suppliers of goods in this catalog;
9) provides operational support for the process of submitting and returning the security of applications for participation in a tender (auction) and requesting quotations in the manner prescribed by this Law and the rules for public procurement, using the means of the public procurement web portal;
10) determines the requirements and procedure for determining an electronic store in agreement with the authorized body in the field of public procurement;
11) carries out trust management of an electronic store with subsequent transfer to state ownership;
12) determines the procedure for formation and provision of an electronic catalog of goods;
13) interacts with state bodies and other organizations on the formation and filling of the electronic catalog of goods;
14) provides electronic services through the public procurement web portal, electronic catalog of goods;
15) introduces and maintains a database of prices for goods, works, services with the introduction of a directory.
Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Chapter 3. CONTROL AND MONITORING OF PUBLIC PROCUREMENT
Article 18. Control over compliance with the legislation of the Republic of Kazakhstan on public procurement
State audit and financial control bodies shall carry out control over compliance with the legislation of the Republic of Kazakhstan on public procurement within the powers established by the Law of the Republic of Kazakhstan "On State Audit and Financial Control".
1) a customer, an organizer of public procurement, a single organizer of public procurement, a tender commission (an audit commission), an expert commission, an expert;
2) a potential supplier, a supplier, as well as the persons attracted by them as subcontractors for the performance of works or co-executors for the provision of services within the limits of the subject of public procurement;
3) persons participating in public procurement through commodity exchanges;
4) a single operator in the sphere of public procurement.
1) a written request or an appeal received by public information systems and complying with the requirements of the legislation of the Republic of Kazakhstan on an electronic document and electronic digital signature, a potential supplier, a participant in a tender or auction, a supplier or their authorized representative with a complaint about the actions (inaction), the decision of the customer, the organizer of public procurement, a single organizer of public procurement or a tender commission (auction commission), an expert commission, an expert, a single operator in the sphere of public procurement. Consideration of such a complaint shall be carried out subject to the conditions provided for in Articles 47 and 48 of this Law;
2) at receipt of resolutions of law enforcement bodies;
3) based on the analysis of information obtained through the risk management system.
1) send to the object of control the instruction, obligatory for execution, the notification on elimination of violations revealed by the results of desk control;
2) apply to the court for recognizing invalid the contracts on public procurement that have entered into force, concluded in violation of the legislation of the Republic of Kazakhstan on public procurement, with the exception of contracts on public procurement, under which the obligations have been fulfilled properly.
3)is excluded by the Law of the Republic of Kazakhstan 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Article 19. Monitoring of public procurement
Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Chapter 4. IMPLEMENTATION OF PUBLIC PROCUREMENT BY THE METHOD OF TENDER
Article 20. Public procurement through tender
1) acquisition of works, services, providing for a complex of interrelated works, services;
2) purchase of goods, works, services according to the list approved by the authorized body.
If there are at least five places for the supply of goods, the provision of services, it is allowed to indicate in the lot several places for the supply of goods, the provision of services.
Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 21. Tender documentation
1) name and location of the organizer of public procurement;
2) technical specification with indication of national standards, and in case of their absence of interstate standards for the purchased goods, works, services. In the absence of national and interstate standards, the required functional, technical, quality and operational characteristics of the purchased goods, works and services shall be specified, taking into account the regulation of public procurement.
At the same time, the technical specification shall contain requirements to suppliers on provision of documents confirming compliance of the delivered goods with the requirements established by technical regulations, provisions of standards or other documents in accordance with the legislation of the Republic of Kazakhstan.
When carrying out public procurement of works that require design and estimate documentation, the tender documentation must contain a technical specification approved in the prescribed manner, design and estimate documentation and its positive conclusion of a comprehensive non-departmental examination. At the same time, the deadlines for performing work on such public procurement must correspond to the deadlines for performing the work specified in the duly approved design and estimate documentation;
3) the number of goods, the volume of performed works, services rendered, which are the subjects of public procurement;
4) the place of delivery of goods, performing works, rendering services;
5) required time for the supply of goods, performing works, rendering services, provision of guarantees on the quality of the offered goods, works, services;
6) conditions of payment and draft of a public procurement contract;
7) criteria, except for the price, on the basis of which the winner of the tender will be determined, including the relative value of each of these criteria and calculation of the conditional price;
8) requirements to the content of the tender price offer, including the indication, in addition to the price of purchased goods, works, services, costs on their transportation and insurance, payment of customs duties, taxes and fees, as well as other expenses stipulated by the conditions of goods delivery, performing works, rendering services, net of the amount of value added tax;
9) the currency or currencies in which the tender price offer is to be expressed and the rate, at which the notional price is to be applied to a single currency for purposes of comparison and evaluation;
10) requirements to the language of preparation and submission of applications for participation in the tender, the contract on public procurement in accordance with the legislation of the Republic of Kazakhstan on languages;
11) conditions of entering, contents and types of support of the application for participation in the tender;
12) indication of a potential supplier's right to change or withdraw its application on participation in the tender before the deadline for submission;
13) the procedure, method and deadline for submission of applications for participation in the tender and the required period of validity of applications for participation in the tender;
14) the procedure for preliminary discussion of the tender documentation draft;
15) date and time of opening applications for participation in the tender;
16) description of the procedure for opening applications on participation in the tender, consideration of applications for participation in the tender, evaluation and comparison of tender price offers;
17) information about the representatives of the customer and the organizer of public procurement, authorized to represent them in the upcoming public procurement by the method of tender;
18) conditions, types, amount and method of making support for the fulfillment of the contract on public procurement;
19) information on the amounts allocated for the purchase of goods, works and services that are the subject of conducting public procurement by the method of tender.
The tender documentation may contain other additional information allowing potential suppliers to obtain the most complete information about the conditions of conducting public procurement.
1) establishing any non-quantifiable and (or) non-administrated requirements for potential suppliers;
2) the content of indications on trademarks, service marks, brand names, patents, utility models, industrial designs, the name of the place of origin of the goods and the name of the manufacturer, as well as other characteristics determining the ownership of the purchased goods, works, services to a single potential supplier, except for the following cases of public procurement:
for completing, modernization and retrofitting of the main (installed) equipment, as well as installed software (licensed software);
for determination the supplier of services on the provision of goods for leasing and the need for a detailed description of the leased asset;
for repair and (or) maintenance of the goods available at the customer.
4-1. excluded by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01. 2022).
The draft of tender documentation developed by a single organizer of public procurement shall be approved by the first head of the single organizer of public procurement or the person performing his (her) duties.
Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 28.04.2016 No. 506-V (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 20.06.2018 No. 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2009); dated 30.12.2020 No. 393-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 22. Preliminary discussion of the draft of tender documentation
Comments to the draft of tender documentation, as well as requests for clarification of the provisions of the tender documentation may be sent to the customer, the organizer of public procurement, the single organizer of public procurement no later than five working days from the date of announcement of public procurement.
In the absence of comments to the draft of tender documentation, as well as requests for clarification of the provisions of the tender documentation, a decision on the approval of the tender documentation shall be taken.
1) make changes and (or) additions to the draft of tender documentation;
2) reject comments on the draft of tender documentation indicating the justifications of the reasons for their rejection;
3) give explanations of provisions of tender documentation.
From the date of adoption of the specified decisions, the tender documentation shall be considered approved.
The customer, the organizer of public procurement no later than one working day from the date of adoption of one of the decisions specified in part one of this paragraph and part three of paragraph 1 of this Article, shall be obliged to place on the web portal of public procurement the protocol of preliminary discussion of the draft of tender documentation, as well as the text of the tender documentation.
The protocol of preliminary discussion of the draft of tender documentation shall contain information on the received comments to the draft of tender documentation and the decisions taken on them.
The customer shall have the right to make amendments to the tender documentation on his (her) own initiative before the deadline for submission of applications by potential suppliers for participation in the tender. In such cases, the tender documentation shall be subject to preliminary discussion in the manner prescribed by this Article.
1) public procurement, information on which constitute state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) contain official information of limited distribution, determined by the Government of the Republic of Kazakhstan.
2) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 22-1. Preliminary notice on public procurement through tender
1) the invariance of the tender documentation approved in accordance with Article 22 of this Law;
2) a preliminary announcement on public procurement by the tender method is posted on the public procurement web portal within a period of thirty calendar days to twelve months, but no later than the end of the current financial year before the date of posting a notice on public procurement.
Footnote. Chapter 4 is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 23. Notification on implementation of public procurement by the method of tender
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Article 24. Application for participation in the tender
1) on the absence of violations of restrictions provided for in Article 6 of this Law;
2) on the absence between him (her) and the customer or the organizer of public procurement of the relations forbidden by this Law;
3) on the consent to termination in the manner established by the laws of the Republic of Kazakhstan, the contract on public procurement in case of revealing the facts specified in paragraph 19 of Article 43 of this Law.
The tender price offer, as well as the documents which must be contained in the application for participation in the tender, shall be determined by the rules of carrying out public procurement.
1) a potential supplier has previously submitted an application for participation in this tender;
2) the application for participation in the tender was received on the web portal of public procurement after the deadline for accepting applications for participation in this tender;
3) the tender price offer exceeds the amount allocated for the purchase of these goods, works, services;
(4) as provided for in subparagraphs 1), 3), 4), 5), 6) and 8) paragraph 1 of Article 6 of this Law;
5) the absence or insufficiency of the amount of security of an application for participation in a tender, which is in the digital wallet of the potential supplier.
1) change and (or) add the submitted application for participation in the tender;
2) withdraw his (her) application for participation in the tender, without losing the right to return the security provided by him to the application for participation in the tender.
Changes and (or) additions shall not be allowed, as well as withdrawal of the application for participation in the tender after the deadline for submission of applications for participation in the tender.
Potential suppliers who have not submitted an application for participation in the tender or who have not submitted it in the amount determined by the rules of public procurement shall not be provided with the access to view applications of other potential suppliers for participation in this tender.
Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (the enforcement procedure is in Art. 6)
Article 25. Securing an application for participation in a tender
1) money in the electronic wallet of a potential supplier. The provision of a guarantee monetary contribution is allowed in cases provided for in Article 50 of this Law;
2) a bank guarantee provided in the form of an electronic document. The provision of a bank guarantee in paper-based form is allowed in the cases specified in Article 50 of this Law.
It is not allowed for a potential supplier to commit actions that can lead to the emergence of a right of third parties to claim, in whole or in part, the money in his/her/its digital wallet.
It is not allowed for the single operator in the field of public procurement to use money in the digital wallet, except for the cases specified in paragraphs 4 and 5 of this article.
It is not allowed for a single operator in the field of public procurement to transfer its own money to a bank account intended for settlement operations provided for by this Law.
1) a potential supplier, determined as a successful tenderer, evaded the conclusion of a public procurement contract;
2) the successful tenderer, having entered into a public procurement contract, failed to fulfill or improperly fulfilled, and also untimely fulfilled, the requirements established by the tender documentation on the depositing and (or) the timing of the security for the execution of the public procurement contract.
1) this potential supplier’s withdrawal of his/her/its application for participation in the tender before the expiration of the deadline for submitting applications for participation in the tender;
2) signing a protocol on the results of public procurement by tender. The specified case does not apply to the tender participant determined as successful tenderer;
3) a potential supplier’s signing of a public procurement contract and depositing security for the execution of a public procurement contract, as well as the amount in accordance with Article 26 of this Law (if any).
Footnote. Article 25 is as amended by Law № 202-VI of the Republic of Kazakhstan as of 26.12.2018 (shall be enforced from 01.01.2020); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 26. Anti-dumping measures in public procurement
Footnote. The heading of Article 26 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Footnote. Article 26 is as amended by Law № 202-VI of the Republic of Kazakhstan as of 01.01.2019); as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 27. Consideration of applications for participation in the tender
The procedure for the formation of an expert commission and (or) the definition of an expert, as well as the requirements for experts are determined by the rules for public procurement.
The decision of the tender commission on preliminary admission of potential suppliers to participate in the tender shall be taken within ten working days from the date of opening of applications for participation in the tender.
The protocol of preliminary admission for participation in the tender shall contain information about potential suppliers which applications for participation in the tender were rejected, with the detailed description of the reasons of their rejection including with indication of the data and documents confirming their discrepancy to qualification requirements and requirements of the tender documentation.
In case of conformity of potential suppliers with the qualification requirements and the requirements of the tender documentation, the protocol of preliminary admission to participation in the tender shall not be drawn up.
The right to bring the applications for participation in the tender in accordance with the qualification requirements and requirements of the tender documentation shall not be granted to potential suppliers:
1) who violated the requirements of Article 6 of this Law;
2) provided false information on qualification requirements and requirements of the tender documentation;
3) did not submit a security of application for participation in the tender or did not submit it in the amount determined by the rules of public procurement.
1) through the public procurement web portal, request materials and clarifications from potential suppliers in connection with their applications in order to simplify the consideration, evaluation and comparison of applications for participation in the tender;
2) to request the necessary information from the relevant individuals or legal entities, state bodies in order to clarify the information contained in the applications for participation in the tender, in the written form and (or) in the form of an electronic document.
It is not allowed to send a request and other actions of the tender commission related to the addition of the application for participation in the tender with missing documents, replacement of documents submitted in the application for participation in the tender, bringing into compliance with improperly executed documents after the expiration of the term for bringing applications for participation in the tender in accordance with the qualification requirements and requirements of the tender documentation provided for in paragraph 4 of this Article.
The tender commission shall consider an application for participation in the tender as meeting the requirements of the tender documentation, if it contains grammatical or arithmetic errors that can be corrected without affecting the content of the submitted application.
The tender commission at repeated consideration of applications for participation in the tender shall not allow rejection of potential suppliers on the ground which are not provided in the protocol of preliminary admission to participation in the tender.
1) he (she) and (or) his (her) subcontractor (co-executor) are determined as not complying with the qualification requirements on the grounds determined by this Law and the rules of public procurement;
2) he (she) violated the requirements of Article 6 of this Law;
3) his (her) application for participation in the tender is determined as not complying with the requirements and conditions of the tender documentation on the grounds determined by this Law and the rules of public procurement.
1) determine the potential suppliers complying with the qualification requirements and requirements of the tender documentation and recognize them as participants of the tender;
2) apply and calculate the criteria influencing the tender price offer.
The tender participant who took the second place on the basis of evaluation and comparison of tender offers shall be is determined on the basis of the price following the lowest conditional price.
Conditions on recognition of the winner (the participant of the tender who has taken the second place following the results of evaluation and comparison of tender price offers) at equality of conditional prices shall be determined by the rules of carrying out public procurements.
Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 28. The protocol on the results of public procurement by the method of tender
1) on bringing applications for participation in the tender in accordance with the qualification requirements and requirements of the tender documentation;
2) on the requests of the tender commission in accordance with subparagraphs 1) and 2) of paragraph 5 of Article 27 of this Law;
3) on potential suppliers whose applications for participation in the tender were rejected, with a detailed description of the reasons for their rejection, including information and documents confirming their non-compliance with the qualification requirements and the requirements of the tender documentation;
4) other information determined by the rules of carrying out public procurement.
Article 29. Grounds and consequences of recognition of public procurement by the method of tender as failed
1) absence of the submitted applications for participation in the tender;
2) submission of less than two applications for participation in the tender;
3) if no potential supplier is allowed to participate in the tender;
4) if one potential supplier is allowed to participate in the tender.
1) on conducting the repeated public procurement by the method of tender;
2) on changing the tender documentation and conducting the repeated public procurement by the method of tender.
3) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
1) absence of the submitted applications for participation in the tender. At the same time, the potential supplier to whom an invitation to participate in public procurement by the method from a single source is sent, shall be determined by the customer;
2) submission of less than two applications for participation in the tender. At the same time, an invitation to participate in public procurement from a single source shall be sent to a potential supplier who submitted an application for participation in the tender. The price of the concluded contract on public procurement shall not exceed the tender price offer of the potential supplier specified in the application for participation in the tender.
Footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 30. Features of conducting public procurement by the method of tender using two-stages procedures
1) it is difficult to formulate detailed specifications of goods, works, services and determine their technical and other characteristics, and (or) it is necessary to request proposals from potential suppliers or to negotiate with them on the issues that have arisen;
2) it is necessary to conduct researches, experiments, investigations or developments;
3) innovative and high-tech goods, works and services are purchased.
4) goods are purchased using off-take contracts that have an investment component.
The conclusion of off-take contracts is carried out on the basis of the relevant budget in accordance with the budgetary legislation of the Republic of Kazakhstan.
Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 31. Features of public procurement by tender with pre-qualification
1) at the first stage, the qualifying body forms a list of qualified potential suppliers;
2) at the second stage, the customer carries out public procurement by tender among potential suppliers included in the list of qualified potential suppliers.
Footnote. Article 31 is as amended by Law № 202-VI of the Republic of Kazakhstan as of 26.12.2018 (shall be enforced from 01.07.2019).
Article 31-1. Features of public procurement through tender using a framework agreement
Footnote. Chapter 4 is supplemented by Article 31-1 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 31-2. Features of public procurement through tender using a rating-point system
Footnote. Chapter 4 is supplemented by Article 31-2 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Chapter 4 is prescribed to supplement with Article 31-3, in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2023).
Chapter 5. IMPLEMENTATION OF PUBLIC PROCUREMENT BY THE AUCTION METHOD
Article 32. Public procurement through auction
If there are at least five places for the supply of goods, it is allowed to indicate several places for the supply of goods in the lot.
1) at the first stage, an auction is held;
2) at the second stage, the auction commission considers applications for participation in the auction for their compliance with the qualification requirements and requirements of the auction documentation.
Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 33. Holding an auction
The day of the auction is the working day following from the date of expiration of the deadline for submitting applications for participation in the auction.
The auction step is from half a percent to five percent of the lowest starting price of the auction participant for the purchase of goods that are the subject of the auction.
Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 34. Consideration of applications for participation in the auction
If, based on the results of consideration of the application of a potential supplier, the auction commission recognizes such an application as not meeting the qualification requirements and requirements of the auction documentation, an interim protocol is formed on the results of public procurement by the auction method. In such cases, the auction commission proceeds to consider the application of a potential supplier, whose price is next after the lowest price.
The procedure for the formation of an expert commission and (or) the definition of an expert, as well as the requirements for experts are determined by the rules for public procurement.
1) through the public procurement web portal, request materials and clarifications from potential suppliers in connection with their applications in order to simplify the consideration, evaluation and comparison of applications for participation in the auction;
2) in order to clarify the information contained in the applications for participation in the auction, through the public procurement web portal, request the necessary information from the relevant individuals or legal entities, state bodies.
It is not allowed to send a request and other actions of the auction commission related to supplementing the application for participation in the auction with missing documents, replacing the documents submitted in the application for participation in the auction, bringing improperly executed documents in line with the qualification requirements and requirements of the auction documentation.
Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 35. Protocol on the results of public procurement by the auction method
1) information on the requests of the auction commission in accordance with subparagraphs 1) and 2) of part one of paragraph 6 of Article 34 of this Law;
2) information about potential suppliers whose applications for participation in the auction were rejected, with a detailed description of the reasons for their rejection, including information and documents confirming their non-compliance with the qualification requirements and requirements of the auction documentation;
3) other information determined by the rules for public procurement.
Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 36. Grounds and consequences of recognition of public procurement by the auction method as failed
1) absence of the submitted applications for participation in the auction;
2) submission of less than two applications for participation in the auction;
3) if no potential supplier is allowed to participate in the auction;
4) if one potential supplier is allowed to participate in the auction.
1) on conducting the repeated public procurement by the auction method;
2) on changing the auction documentation and conducting repeated public procurement by the auction method.
1) absence of the submitted applications for participation in the auction. At the same time, the potential supplier to whom an invitation to participate in public procurement by the method from a single source is sent, shall be determined by the customer;
2) submission of less than two applications for participation in the auction. At the same time, an invitation to participate in public procurement by the method from a single source shall be sent to a potential supplier who submitted an application for participation in the auction. The price of the concluded contract on public procurement should not exceed the starting price of the potential supplier specified in the application for participation in the auction.
Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Chapter 6. PUBLIC PROCUREMENTS BY REQUEST FOR QUOTATIONS AND THROUGH AN ELECTRONIC STORE
Footnote. The heading of Chapter 6 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 37. Grounds for public procurement by the method of price proposals request
2-1. When public procurement is carried out by the method of requesting quotations, the organizer of public procurement is obliged to divide goods, works, services into lots according to their homogeneous types and the place of their supply (performance, provision), with the exception of the acquisition of goods, works, services according to the list approved by the authorized body.
If there are at least five places for the supply of goods, works, services, it is allowed to indicate in the lot several places for the supply of goods, works, services.
Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (the enforcement procedure is in Art. 6); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 38. Organization and conduct of public procurement by the method of price proposals request
1) on the number of goods, volumes of performed work, provided services, which are the subject of public procurement, indicating the amounts allocated for public procurement;
2) a brief description of the purchased goods, works, services, indicating national standards, and in case of their absence, interstate standards for the purchased goods, works and services. In the absence of national and interstate standards, the required functional, technical, quality and operational characteristics of the purchased goods, works and services are specified, taking into account the regulation of public procurement.
At the same time, a brief description of the purchased goods should contain a requirement for suppliers to provide documents confirming the compliance of the supplied goods with the requirements established by technical regulations, provisions of standards or other documents in accordance with the legislation of the Republic of Kazakhstan;
3) on the place of delivery of goods, works, services;
4) required terms for the supply of goods, performance of works, rendering services;
5) on the date of beginning and end of price proposals submission by potential suppliers;
6) draft of the contract on public procurement with technical specification.
1) for full completion, modernization and retrofitting of the main (installed) equipment, as well as installed software (licensed software);
2) for determination the supplier of services on provision of goods for leasing and the need for a detailed description of the leased asset;
3) for repair and (or) maintenance of the goods available at the customer;
4) Excluded by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
The potential supplier who offered the lowest price proposal shall be recognized as the winner.
If the lowest price proposal is presented by several potential suppliers, the winner shall be recognized a potential supplier whose price proposal was received earlier than the price proposals of other potential suppliers.
The potential supplier ranked second shall be determined on the basis of the price following the lowest price proposal.
1) if it exceeds the amount allocated for the purchase of these goods, works, services;
2) as provided for in subparagraphs 1), 3), 4), 5), 6) and 8) paragraph 1 of Article 6 of this Law;
3) the absence or insufficiency of the amount of security of the application for participation in the quote request, which is in the digital wallet of the potential supplier.
Rejection of price proposals on other grounds shall not be allowed.
Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (the enforcement procedure is in Art. 6); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 38-1. Public procurement through electronic store
Footnote. Chapter 6 is supplemented by Article 38-1 in accordance with the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Chapter 7. PUBLIC PROCUREMENT BY THE METHOD FROM A SINGLE SOURCE,
THROUGH COMMODITY EXCHANGES
Article 39. Grounds for public procurement from a single source
1) public procurement by the method of tender (auction) was recognized as failed in cases stipulated in this Law.
This provision shall not apply to the cases when public procurement by the method of tender (auction) was recognized failed in accordance with the laws of the Republic of Kazakhstan;
2) public procurement by the method of price proposals request was recognized as failed in the cases provided for by this Law, or the measures taken by the organizer of public procurement, provided for in paragraphs 8 and 10 of Article 38 of this Law, did not lead to the conclusion of a contract on public procurement.
Subparagraph 1) is prescribed as reworded by the Law of the Republic of Kazakhstan dated 03.01.2022 No. 101-VII (shall be enforced from 01.01.2024).
1) purchase of services related to the spheres of natural monopolies, as well as energy supply or purchase and sale of electricity with a guaranteed supplier of electricity;
2) Excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 No. 101-VII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication);
3) purchase of goods, services, being the objects of intellectual property from the person possessing exclusive rights in respect of the purchased goods, services, as well as works on adjustment of pre-project or design and estimate documentation from the person who developed this pre-project or design and estimate documentation;
4) purchase of goods, works, services necessary for localization and (or) liquidation of consequences of emergency situations, for localization and (or) liquidation of especially dangerous, exotic animal diseases, quarantine objects, alien species for the first time or newly identified in the territory of the Republic of Kazakhstan,, to carry out activities in quarantine zones and disadvantaged areas for especially dangerous animal diseases, in the centers of the spread of quarantine objects, emergency phytosanitary measures, to eliminate technological violations at electric power facilities, communication life support systems, railway, air, road, water transport facilities, treatment facilities, oil pipelines, gas pipelines, and the need for urgent medical intervention, as well as in the event of breakdowns, failure of communications, mechanisms, assemblies, spare parts and materials along the way that require immediate restoration;
5) purchase of goods, works and services at the expense of money allocated from the reserve of the Government of the Republic of Kazakhstan, in cases of situations threatening political, economic and social stability, life and health of people;
6) purchase of goods to the state material reserve for the provision of regulatory impact on the market;
7) purchase of services on the storage of material assets of the state material reserve;
8) excluded by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
9) purchase for carrying out operational-search, counterintelligence activity, investigative actions by the bodies authorized to carry out them in accordance with the legislation of the Republic of Kazakhstan, as well as by state enterprises and joint-stock companies, one hundred percent of the voting shares of which belong to the state, in respect of which the national security bodies carry out management in accordance with the legislation of the Republic of Kazakhstan on state property:
services of persons who have agreed to provide official assistance to the bodies engaged in operational investigative, counterintelligence activities;
office premises, transport and other technical means, information systems, property, as well as services for their maintenance, servicing and technical support;
goods, works, services for creation and maintenance of conspiracy organizations and objects;
services of officials, translators, experts and specialists with the necessary scientific, technical or other special knowledge;
9-1) purchase of goods, works, services necessary for carrying out activities on prevention, suppression and counteraction to terrorism, extremism by the bodies authorized to carry out it in accordance with the legislation of the Republic of Kazakhstan;
10) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019);
11) purchase of services of international rating agencies, financial services;
12) purchase of services of specialized libraries for the blind and visually impaired citizens;
13) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019);
14) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019);
15) purchase of goods, works, services provided for by the legislation of the Republic of Kazakhstan on elections and the republican referendum, according to the list approved by the Government of the Republic of Kazakhstan;
16) purchase of services for the production of state and departmental awards and documents to them, the badge of the deputy of the Parliament of the Republic of Kazakhstan and the document to it, state verification stamps, passports (including service and diplomatic), identity cards of citizens of the Republic of Kazakhstan, residence permit of a foreigner in the Republic of Kazakhstan, identity card of a stateless person, certificates of registration of civil status, as well as purchase from suppliers determined by the Government of the Republic of Kazakhstan, of printed materials, requiring a special degree of protection, according to the list approved by the Government of the Republic of Kazakhstan;
17) purchase of goods, works, services carried out in accordance with international treaties of the Republic of Kazakhstan, according to the list approved by the Government of the Republic of Kazakhstan;
18) purchase of goods, works, services related to the use of grant money provided to the Government of the Republic of Kazakhstan on a gratuitous basis by the states, governments of states, international and state organizations, foreign non-governmental public organizations and funds which activities are charitable and international in nature, as well as money allocated for co-financing of these grants in cases when other procedures for the purchase of goods, works, services are provided for the agreements on their provision;
19) excluded by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
20) purchase of services for training, retraining and advanced training of employees abroad;
21) purchase of services for the treatment of citizens of the Republic of Kazakhstan abroad, as well as services for their transportation and accompanying;
22) purchase of services rendered by the lawyers to the persons exempted from its payment in accordance with the Laws of the Republic of Kazakhstan;
23) purchase of goods, works, services by foreign institutions of the Republic of Kazakhstan, separate divisions of customers acting on their behalf, to ensure their activities on the territory of a foreign state, as well as for the purposes of peacekeeping operations;
24) purchase of goods, services related to entertainment expenses, when these public procurements are included in the annual public procurement plan when it is specified;
25) purchase of periodicals on paper and (or) electronic carriers;
26) purchase of information provision services by international and (or) foreign information organizations;
27) purchase of goods, works, services by the state body in the presence of the conclusion of the antimonopoly body on the absence of private business entities engaged in the production of similar goods, works, services from joint-stock companies, limited liability partnerships, one hundred percent of voting shares (stakes in the authorized capital) of which belong to the state, in respect of which he manages in accordance with the legislation of the Republic of Kazakhstan on state property, the relevant powers of which, including the state body, are established by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan;
The requirement to have an opinion of the antimonopoly body on the absence of private business entities engaged in the production of similar goods, works, services shall not apply to the purchase of goods, works, services from organizations that support the activities of national security bodies, election commissions;
28) purchase of special social services provided by the guaranteed volume of special social services and services for the assessment and determination of the need for special social services;
29) the acquisition of goods, works, services produced, performed, provided by state enterprises of institutions of the penitentiary (penal) system. The list and volumes of goods, works, services, as well as the list of state enterprises of institutions of the penitentiary (penal) system, from which such goods, works, services are purchased, are approved by the Government of the Republic of Kazakhstan.
The acquisition by state enterprises of institutions of the penitentiary (penal) system of raw materials, materials and components for the production of goods, works, services for the purpose of employment of convicts is carried out on the basis of agreements concluded with legal entities.
State enterprises of institutions of the penitentiary (penal) system are allowed to engage subcontractors (co-executors) for the production of goods, performance of work and provision of services under an agreement concluded with a customer, in an amount not exceeding the amount provided for in paragraph 23-1 of Article 43 of this Law, for the purpose of employment by a subcontractor (co-executor) of convicts and (or) those who have served their sentence or are registered with the probation service on the terms determined by the rules for public procurement;
30) purchase by the state body providing activity of the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan of goods, works, services from the state enterprises concerning which it exercises management according to the legislation of the Republic of Kazakhstan on state property, on the main subject of activity of such state enterprises;
31) purchase of goods, works, services necessary to ensure the safety and security (including participation in security) of the President of the Republic of Kazakhstan, other protected persons and facilities intended for the stay of protected persons, as well as services for the formation of a video archive and information services of activity of the President of the Republic of Kazakhstan;
32) purchase of goods, works, services necessary for ensuring the activity of the President of the Republic of Kazakhstan and other protected persons, maintenance, servicing and functioning of state residences, vehicles and aircraft intended for servicing the President of the Republic of Kazakhstan and other protected persons, as well as purchase of goods, works, services necessary for carrying out events with participation of the President of the Republic of Kazakhstan and other protected persons in accordance with the legislation of the Republic of Kazakhstan.;
33) purchase of goods, works, services by state enterprises, legal entities, which fifty or more percent of voting shares (shares in the authorized capital) belong to the state, in respect of which the state body providing the activity of the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, or its departments shall carry out management in accordance with the legislation of the Republic of Kazakhstan on state property;
34) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
35) purchase of consulting and legal services on assessment of prospects of proceedings, protection and representation of interests of the state or customers in arbitrations, foreign arbitrations, foreign state and judicial bodies, as well as in the process before arbitration (judicial) settlement of disputes;
36) purchase of goods, works, services from a person determined by the Laws of the Republic of Kazakhstan;
37) Excluded by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
38) Excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 No. 101-VII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication);
39) purchase of property (assets) sold at tenders (auctions):
by the bailiffs in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs;
conducted in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy;
conducted in accordance with the land legislation of the Republic of Kazakhstan;
40) purchase of services on training of cosmonauts and organization of flights of cosmonauts into space;
41) purchase of services on repairing of aircrafts at specialized aircraft repair enterprises;
42) acquisition by the administrations of akims of towns of district significance, villages, townships, rural districts of homogeneous goods, works, services, if the annual volume of such homogeneous goods, works, services in value terms does not exceed three thousand times the monthly calculation index established for the corresponding financial year by the law on republican budget;
43) purchase of services related to the direction of students, undergraduates, postgraduate students to participate in creative competitions (competitions, olympiads, festivals, games), exhibitions, conferences, forums, master classes, internships, performance of educational practical tasks, including travel to the venue of these events and back, renting premises, transport services, catering;
44) purchase of goods that are cultural values, including museum objects and museum collections, as well as rare and valuable publications, manuscripts, archival documents, including copies of historical, artistic or other cultural significance intended to replenish the state museum, library, archival funds, film, photo fund and other similar funds;
45) purchase of materials of exhibitions, seminars, conferences, meetings, forums, symposiums, trainings, as well as payment for participation in these events, when these public procurements are included in the annual public procurement plan when it is specified;
46) purchase by the organization of culture, the organization of education in the field of culture, the broadcasting organization of goods and services for implementation of scenic representations, public performance and representation of works of art and cultural values;
47) placing an order to visit the zoo, theater, cinema, concert, circus, museum, exhibition and sporting event;
48) purchase of services on the author's supervision over the development of project documentation of capital construction objects, author's supervision over construction, reconstruction and major repairs of capital construction objects by the corresponding authors;
49) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019);
50) if there is a need for public procurement of daily and (or) weekly needs for the period before summing up the results of public procurement and entry into force of a public procurement contract in the event that such public procurement is conducted according to the list approved by the authorized body, in the volume not exceeding the volume of public procurement of such goods, works, services necessary to meet the needs of the customer during the period of public procurement, but not more than for two months.
This subparagraph shall be applied in case of refusal of the supplier for prolongation of the contract on public procurement concluded in the previous year, if such public procurement is conducted during the first month of the year, or in case of creation (reorganization) of the customer during the current financial year, but not more than for two months;
51) purchase of sports inventory and equipment (equipment), sports outfit necessary for participation and (or) preparation of sports national and combined teams of the Republic of Kazakhstan, as well as for participation of sports national and combined teams of the Republic of Kazakhstan in the Olympic, paralympic, deaflympic games and other international sports events on the basis of the calendar plan approved by the authorized body in the field of physical culture and sports;
52) purchase of communications services for the needs of national defense and national security, as well as ensuring of law and order;
53) acquisition of a building, facility, structure, premises having a non-residential purpose, determined by an act in accordance with the legislation of the Republic of Kazakhstan, as well as renting a building, facility, structure, premises having a non-residential purpose, procurement of services for the technical maintenance, protection and maintenance of the leased building, facilities, premises, having non-residential purposes, procurement of technical maintenance services (including by state bodies located in buildings belonging to especially important state facilities), protection and maintenance of one or more non-residential premises transferred for free use and (or) in the operational management of the customer, if these services are provided to another person or persons using non-residential premises located in the building in which non-residential premises are located, transferred for free use and (or) operational management to the customer;
54) acquisition of invataxi services from public associations of the disabled of the Republic of Kazakhstan and (or) organizations created by public associations of the disabled of the Republic of Kazakhstan.
The draft of the contract on public procurement shall be sent to public associations of the disabled of the Republic of Kazakhstan and (or) organizations created by public associations of the disabled of the Republic of Kazakhstan, which have been tested in the information system of the state body providing a single point of access to electronic public procurement services, for compliance with:
1) all conditions provided in subparagraph 11) of part one of Article 394 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code);
2) membership in public associations of the disabled of the Republic of Kazakhstan or organizations founded by public associations of the disabled of the Republic of Kazakhstan;
55) purchase of goods, works and services necessary to ensure the activities of special purpose units of law enforcement and special state bodies related to the detection and neutralization of explosives and explosive devices, conducting anti-terrorist operations, as well as special operations to free hostages, detention and neutralization of armed criminals, extremists, terrorists, members of organized criminal groups, persons who have committed grave and especially grave crimes;
56) the purchase of goods, works, services from a person determined by the Government of the Republic of Kazakhstan by decision (order) of the President of the Republic of Kazakhstan;
57) purchase of goods from a legal entity that has entered into an investment agreement, in accordance with Article 295-2 of the Entrepreneurial Code of the Republic of Kazakhstan.
Footnote. Article 39 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2016 No. 36-VI (shall be enforced upon expiry of two months after its first official publication); dated 05.05.2017 No. 60-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 86-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 No. 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication).); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.06.2018 No. 161-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); dated 26.12.2019 No. 287-VI (shall be enforced from 01.01.2021); dated 02.01.2021 No. 399-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022); dated 03.01.2022 No. 101-VII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).
Article 40. Conduct of public procurement by a single source method on the failed public procurement
1) name and location of the organizer of public procurement;
2) description of the purchased goods, works, services with indication of national standards, and in case of their absence of interstate standards for the purchased goods, works, services. In the absence of national and interstate standards, the required functional, technical, qualitative and operational characteristics of the purchased goods, works and services shall be specified, taking into account the regulation of public procurement.
At the same time, the description of the purchased goods must contain a requirement for the suppliers to provide documents confirming the compliance of the supplied goods with the requirements established by technical regulations, provisions of standards or other documents with the legislation of the Republic of Kazakhstan.
At conduct of public procurement of the works demanding design and estimate documentation instead of description and the required functional, technical, qualitative and operational characteristics of the purchased works, the invitation should contain the design and estimate documentation approved in accordance with the established procedure;
3) the number of goods, the volume of performed works, provided services, which are the subject of public procurement;
4) the place of delivery of goods, performing works, rendering services;
5) required terms for the supply of goods, performing works, rendering services, provision of guarantees on the quality of the offered goods, works, services;
6) conditions of payment and draft of a public procurement contract;
7) conditions, form, volume and method of making the security of execution of the contract on public procurement in the cases provided for by the rules of public procurement;
8) information on the amounts allocated for the purchase of goods, works and services that are the subjects of public procurement by the method from a single source;
9) a list of qualification requirements provided for in Article 9 of this Law, as well as a list of documents which a potential supplier must submit to confirm its compliance with qualification requirements, except when public procurement by the method from a single source is carried out on the basis of subparagraph 2) of paragraph 2 of Article 39 of this Law;
10) the place and term for the provision by a potential supplier of documents confirming its compliance with shown qualification requirements except when public procurement by the method from a single source is carried out on the ground of subparagraph 2) of paragraph 2 of Article 39 of this Law, as well as information provided for by paragraph 2 of this Article.
1) description of the goods, works, services offered by a potential supplier, indicating the persons whom the potential supplier provides to involve as subcontractors (co-executors) of works or services;
2) documents confirming the compliance with qualification requirements of the potential supplier and the persons whom he (she) provides to involve as subcontractors (co-executors) of works or services, except when public procurement by the method from a single source is carried out on the ground of subparagraph 2) of paragraph 2 of Article 39 of this Law;
3) justification of the price for the offered goods, works, services.
Requirements for sending an invitation to a potential supplier, providing them with necessary information through the public procurement web portal and placing be the public procurement organizer of the protocol on the results of public procurement by the method from a single source on the public procurement web portal do not apply to public procurement by the method from a single source, information about which constitutes state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) contain official information of limited distribution, determined by the Government of the Republic of Kazakhstan.
Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 202-VI (shall be enforced from 01.01.2019).
Article 41. Public procurement from a single source by direct conclusion of a public procurement contract
The report must contain the following:
1) information about the official who made the decision to conclude a public procurement contract from a single source by direct conclusion of a public procurement contract;
2) justification of the reasons for the impossibility of public procurement by other means specified in subparagraphs 1), 2), 3) and 5) of paragraph 1 of Article 13 of this Law;
3) justification for the choice of supplier;
4) justification of the price of the concluded public procurement contract, as well as other conditions of the public procurement contract.
A person who has made a decision to conduct public procurement from a single source by direct conclusion of a public procurement contract is personally responsible for compliance with the principles of public procurement provided for in subparagraph 1) of Article 4 of this Law.
Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 15.11.2021 No. 72-VII (shall be enforced from 01.01.2022).
Article 42. Conduct of public procurement of goods through commodity exchanges
Chapter 8. PUBLIC PROCUREMENT CONTRACT
Article 43. Conclusion of a public procurement contract
For certain types of goods, works and services, the authorized body may approve standard contracts on public procurement.
Contracts on public procurement concluded in accordance with paragraph 3 of Article 39 of this Law may be drawn up in a different form, taking into account the requirements of the legislation of the Republic of Kazakhstan.
Customers have the right to conclude results-oriented public procurement contracts (service model contracts).
The procedure for public procurement under results-oriented contracts (service model contracts) is determined by the rules for public procurement.
1) within five working days from the date of expiry of the period for appeal of the protocol on the results of public procurement by the method of tender (auction);
2) within five working days from the date of determining the winner of public procurement by the method of price proposals request.
In cases when the procedures for selecting a supplier, including the procedures for appealing the results of public procurement conducted under the preliminary annual public procurement plan, are completed before the approval of the relevant budget (development plan), the draft of public procurement contract shall be sent to the winner within five working days from the date of approval of the relevant budget (development plan).
At the same time, the term for concluding public procurement contracts provided for in part one of this paragraph may not be more than thirty calendar days from the date of sending the draft of a public procurement contract to a potential supplier.
If the potential supplier, within three working days from the date of receipt of the notice through the public procurement web portal, has not submitted the signed public procurement contract to the customer, the customer, within two working days from the day the winner evaded the conclusion of the public procurement contract, sends a draft contract on public procurement to the potential supplier who took second place, certified by an electronic digital signature, through the web portal of public procurement.
The draft contract on public procurement must be certified by the potential supplier, who took second place, by means of an electronic digital signature within three working days from the date of submission to him of the draft contract on public procurement.”;
At the same time, the customer, within two working days from the date of expiration of the term for making the security for the execution of the public procurement contract, as well as the amount in accordance with Article 26 of this Law (if any), sends the supplier a notice of intention to terminate this contract through the public procurement web portal. If the supplier, within three working days from the date of receipt of the notice through the public procurement web portal, has not submitted a security for the execution of the public procurement contract, the customer sends a notice of termination of this contract.
In case if the contract on public procurement provides for the payment of the advance, the supplier in addition to security for execution of the contract on public procurement shall be obliged to make an advance payment in the amount equal to the advance.