I.O.'S ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of June 16, 2025 No. 6

About approval of Rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services and about lack of other possibility of acquisition of the corresponding goods, works, services on competitive basis

According to subitems 2), 26) and 31) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About public procurements" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services and about lack of other possibility of acquisition of the corresponding goods, works, services on competitive basis according to appendix to this order.

2. In the procedure established by the legislation of the Republic of Kazakhstan to provide to department of the industry, state support and purchases of the Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Agency):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency after its official publication.

3. To impose control of execution of this order on the supervising vice-chairman of the Agency.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of June 16, 2025 No. 6

Rules of issue of the conclusions of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services and about lack of other possibility of acquisition of the corresponding goods, works, services on competitive basis

Chapter 1. General provisions

1. These rules 26) and 31) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About public procurements" are developed according to subitems 2) (further - the Law) and determine procedure, features of giving and consideration of petitions for issue of the conclusions of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services and also about lack of other possibility of acquisition of the corresponding goods, works, services on competitive basis (further - Rules).

2. In these rules the following concepts are used:

1) Board of the Agency - the collegiate organ of management created by the first head of antimonopoly authority.

2) potential substitute is goods or service which, proceeding from available information, can be considered as interchanged with the declared goods or service, that is are comparable on functional purpose, application, quality and technical characteristics, the price and other parameters, and can be used by the consumer instead of the declared goods (service);

3) the potential competitor - is recognized subject of the market which has opportunity (owns the equipment, technologies) to make and implement the goods similar or competitors, interchangeable with goods, but does not make and does not sell it in the corresponding goods market.

4) the principle of priority of the competition - the principle according to which the antimonopoly authority by consideration of petitions for approval of implementation of purchase by method from one source proceeds from priority of application of competitive methods of procurement;

5) customers - state bodies, public institutions, and also 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, except for the state companies as property complexes, 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 delivered in trust management to physical or non-state legal entities with the right of the subsequent redemption.

Other concepts are applied in the values determined by the Entrepreneurial code of the Republic of Kazakhstan, the Law.

Chapter 2. Procedure for issue of the conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services and about lack of other possibility of acquisition of the corresponding goods, works, services on competitive basis

3. For obtaining the Conclusion of antimonopoly authority about lack of the subjects of private entrepreneurship performing production of similar goods, works, services and also about lack of other possibility of acquisition of the corresponding goods, works, services on competitive basis (further - the Conclusion), the customer represents to antimonopoly authority the petition and the list for confirmation of data to the petition in the forms established in appendices 1 and 2 to these rules by means of the Single system of electronic document management.

In case of submission of the petition the customer has the right to submit in addition documents and (or) data which, in his opinion, matter for consideration of the petition.

The customer bears responsibility for completeness, justification and reliability of the data and documents containing in the petition.

4. The petition is submitted:

In antimonopoly authority if the customer, the central state body or the organization which property is in republican property is;

In territorial subdivision of antimonopoly authority in place of registration of the customer if the customer, the local executive body or the organization which property is in utility property is.

5. The petition is submitted separately in each subject of purchase - to goods, works, services.

Instruction of the data relating to several objects of purchases of goods, works, services and (or) to several customers in one petition is not allowed.

6. In case of receipt of the petition the antimonopoly authority performs its consideration on compliance to requirements of these rules, including completeness of the submitted documents and proper filling of the established form.

In case of detection of discrepancy the petition is left without consideration what the antimonopoly authority notifies the customer with indication of the reasons on.

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