LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 1, 2024 No. 106-VIII ZRK

About public procurements

Chapter 1. General provisions

Article 1. Scope of this Law

This Law is applied to the relations connected with purchase of goods, the works, services necessary for ensuring functioning, and also accomplishment of the state functions or authorized activities of the customer, except for:

1) the services acquired at physical persons according to employment contracts;

2) the services acquired at the physical persons which are not subjects of business activity according to services agreements;

3) the services connected with implementation of traveling expenses;

4) state task;

5) contributing (deposits), including to the authorized capital of legal entities, and also realization of the budget investments directed to financing of investment costs of the autonomous organizations of education;

6) the goods, works, services acquired by national managing directors of holdings, national holdings, national managing companies, the national companies and legal entities affiliated with them, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, delivered in trust management to physical persons or non-state legal entities with the right of the subsequent redemption, social business corporations, National Bank of the Republic of Kazakhstan, its departments, the organizations entering into structure of National Bank of the Republic of Kazakhstan and legal entities, fifty and more percent of voting shares (share in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and also authorized body on regulation, to control and supervision of the financial market and financial organizations;

7) the goods of military (products), goods (products) of dual purpose (application), military works and military services which are part of the state defensive order, except as specified, provided by the Law of the Republic of Kazakhstan "About defense industry and the state defensive order";

8) the goods, works, services acquired by the organization specializing in improvement of quality of credit portfolios of banks of the second level for implementation of types of activity, stipulated in Item 2 articles 5-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan";

9) the goods, works, services acquired within implementation of the investment projects financed by the international organizations which member is the Republic of Kazakhstan. Purchase of goods, works, services within implementation of the investment projects fully or partially financed by other foreign banks is performed by rules of these banks in case of observance in total of the following conditions:

the foreign bank has long-term credit rating in foreign currency not below "And -" the Standard & Poor agencies "s or the rating of similar level of one of other rating agencies;

more than fifty percent of financing are performed by foreign banks;

the realization of the investment project is enabled by the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them;

implementation of the investment project does not require the state guarantee and does not attract encumbrance of property of the borrower;

10) the goods, works, services acquired by research institutions and the organizations of the higher and (or) postgraduate education, the scientific research and scientific works, necessary for accomplishment, realized at the expense of budgetary funds according to the procedure, determined by authorized body in the field of science in coordination with authorized body in the sphere of public procurements.

Article 2. Purpose and task of this Law

1. The purpose of this Law is ensuring achievement of strategic objectives of public administration, tasks and functions of the state according to the pursued state policy in the field of public procurements.

2. Task of this Law is creation of the legal basis for subjects of public procurements on effective management of public finances and the budget through the principles of implementation of public procurements provided by this Law.

Article 3. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) unreliable information - the false data containing in the bid, auction and supporting documents of the potential supplier and (or) the attracted subcontractor (collaborator) on the qualification requirements and (or) documents influencing the competitive price offer, and which are equally introduced by the corrections distorting the valid content, to both reality and supporting documents of the potential supplier in the submitted request;

2) auction documentation - documentation submitted to the potential supplier for preparation of the auction participation application which contains requirements to the auction participation application, conditions and procedure of public procurements by auction method;

3) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the agreements on public procurements applying for the conclusion, and also the physical person which is not the subject of business activity in the cases provided by this Law;

4) the affiliate of the potential supplier - any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

5) the starting price - the price offered by the potential supplier before holding the auction, attached to the auction participation application which cannot be below the allocated auction subject amount more than for five percent;

6) uniform goods, works, services - goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions;

7) single platform of purchases (further - the web portal) - the information system of authorized body in the sphere of public procurements providing single point of access to electronic services of the public procurements and procurements conducted according to the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector";

8) works - activities, having material result, and also other activities referred to works according to the laws of the Republic of Kazakhstan;

9) conciliation commission - the permanent collegiate organ created by the customer for consideration of addresses of the potential suppliers included in the register of unfair participants of public procurements owing to evasion from the conclusion of the agreement on public procurements;

10) the competitive price offer - the price offered by the potential supplier for participation in public procurements by tender method, attached to the bid;

11) the tender documentation - documentation submitted to the potential supplier for preparation of the bid which contains requirements to the bid, conditions and procedure of public procurements by tender method;

12) services - the activities directed to requirements satisfaction of the customer, which do not have material result;

13) residents of the Republic of Kazakhstan are the citizens of the Republic of Kazakhstan including who are temporarily abroad or being in public service beyond its limits, except for the citizens having the document on the right of permanent residence in foreign state issued according to the legislation of this state;

the foreigners and stateless persons having the document on the right of permanent residence in the territory of the Republic of Kazakhstan;

the legal entities created according to the legislation of the Republic of Kazakhstan with the location on its territories, and also their branches and representations with the location in the Republic of Kazakhstan and beyond its limits;

the diplomatic, trade and other official representations of the Republic of Kazakhstan which are beyond its limits;

14) public procurements - acquisition by customers of goods, works, services fully or partially at the expense of budgetary funds, the allocated money from Special state fund according to the legislation of the Republic of Kazakhstan, and (or) own income;

15) the single organizer of public procurements (further - the single organizer) - the legal entity determined by the Government of the Republic of Kazakhstan, akimat of area, city of republican value and the capital or akimat of the area (the city of regional value), performing performing procedures of the organization and carrying out centralized public procurements;

16) public monitoring of public procurements - the process of systematic collection, generalization and the analysis performed by means of the web portal and on the basis of the information on planning, carrying out, execution and control of public procurements containing in it affecting the rights and legitimate interests of the unrestricted group of people, subjects of public control according to the Law of the Republic of Kazakhstan "About public control";

17) the organizer of public procurements (further - the organizer) - the legal entity or structural division acting on behalf created it the legal entity performing the organization and carrying out public procurements according to this Law;

18) the single operator in the sphere of public procurements (further - the single operator) - the legal entity determined by authorized body in the sphere of public procurements, the single owner of shares (shares in the authorized capital) which is the state;

19) authorized body in the sphere of public procurements (further - authorized body) - the central executive body performing management in the sphere of public procurements;

20) subjects of public procurements - the potential supplier, the supplier, the customer, the organizer, the single organizer, the single operator, authorized body, the expert, commission of experts;

21) the agreement on public procurements (further - the agreement) - the civil agreement signed by means of the web portal between the customer and the supplier, certified by means of the digital signatures, except as specified, provided by the rules of implementation of public procurements approved by authorized body;

22) the instruction - the administrative act of authorized body, obligatory for execution, sent to objects of control for elimination of the revealed violations of the law of the Republic of Kazakhstan about public procurements and (or) the reasons and conditions promoting them and also taking measures of responsibility provided by the laws of the Republic of Kazakhstan to persons which allowed these violations;

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