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The document ceased to be valid since  January 1, 2016 according to article 52 of the Law of the Republic of Kazakhstan of December 4, 2015 No. 434-V ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2007 No. 303-III ZRK

About public procurements

(as amended on 12-11-2015)

This Law governs the public relations arising between subjects of system of public procurements in the course of implementation of activities by them in the sphere of public procurements.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) bid increment - cash interval for which the auction subject price falls;

2) the auction commission - the collegiate organ created by the organizer of public procurements, the single organizer of public procurements for accomplishment of the procedure of carrying out public procurements by the auction method provided by this Law;

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

4) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), the temporary consolidation legal entities (consortium) applying for the conclusion of the agreement on public procurements. The physical person which is not the subject of business activity can be the potential supplier in the case provided by the subitem 5) of Item 3 of article 41 of this Law;

5) affiliirovanny face 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;

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 and to be interchangeable;

7) affiliirovanny faces of legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state - legal entities in whom fifty and more percent of voting shares (shares in the authorized capital) directly or indirectly belong to legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state. Indirect accessory means accessory to each subsequent affiliirovanny person fifty and more percent of voting shares (shares in the authorized capital) other legal entity;

8) dumping price - the price offered by the participant of tender for works, services which is obviously low in comparison with the prices operating for similar works, services for the purpose of the conclusion of the agreement on public procurements;

9)  No. 161-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 14.01.2014

10) works - the activities connected with construction, with arrangement of raw fields, having material result, and also other activities referred to works according to the laws of the Republic of Kazakhstan;

11) domestic suppliers of works, services - the physical persons performing business activity and (or) the legal entities who are residents of the Republic of Kazakhstan, using at least ninety five percent of local manpower of the Republic of Kazakhstan on performance of works, rendering services;

12) the contest committee - the collegiate organ created by the organizer of public procurements, the single organizer of public procurements for accomplishment of the procedure of carrying out public procurements by the tender method provided by this Law;

13) the tender documentation - documentation provided to the potential supplier for preparation of the bid which contains conditions and procedure for carrying out public procurements by tender method;

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

15) 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 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;

16)  No. 393-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 12.11.2015

17) affiliirovanny persons of the state companies - the affiliated state enterprises;

18) public procurements - the acquisition by customers on paid basis of the goods, works, services necessary for ensuring functioning, and also accomplishment of the state functions or authorized activities of the customer performed according to the procedure, established by this Law, and also the civil legislation of the Republic of Kazakhstan, except for:

the services acquired at physical persons according to employment contracts;

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

the state task and goods, works, services acquired within its accomplishment according to the budget legislation of the Republic of Kazakhstan;

contributing (deposits), including to the authorized capital of legal entities;

19) the web portal of public procurements - the state information system providing single point of access to electronic services of electronic public procurements;

19-1) single organizer of public procurements - the organizer of public procurements, being the public institution performing performing procedures of the organization and carrying out public procurements according to the budget programs or goods, works, services;

19-2) procedure of the organization and carrying out public procurements - complex of the interconnected, consecutive actions, the public procurements conducted by the organizer, the relevant commission according to this Law, for the purpose of the conclusion with the potential supplier of the agreement on public procurements;

19-3) organizer of public procurements - the legal entity created according to the decision of the Government of the Republic of Kazakhstan or the akim of area, city of republican value and the capital, or the structural division acting on behalf created it the legal entity performing the organization and carrying out public procurements;

20) authorized body on public procurements (further - authorized body) - the state body performing regulation of system of public procurements;

21) system of public procurements - set of subjects of system of the public procurements and their relations determined by unity and interrelation in the course of implementation of activities by them in the sphere of public procurements;

22) subjects of system of public procurements - the physical persons and legal entities performing activities in the sphere of public procurements;

23) activities in the sphere of public procurements - the development and approval of the annual plan of public procurements, the organization and carrying out public procurements, execution of agreements on public procurements, rendering services in preparation and (or) advanced training of specialists in the sphere of public procurements, consulting, information services to subjects of system of public procurements conducted according to this Law, and also the civil legislation of the Republic of Kazakhstan;

24) the agreement on public procurements - the civil agreement signed between the customer and the supplier according to this Law, and also the civil legislation of the Republic of Kazakhstan, on delivery of goods, performance of works, rendering services for ensuring functioning, and also accomplishment of the state functions or authorized activities of the customer;

24-1) electronic agreement on public procurements - the agreement on public procurements in electronic and digital form certified by means of the digital signature and signed on the web portal of public procurements;

24-2) instruction - the 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, conditions promoting them and also taking measures of responsibility provided by the laws of the Republic of Kazakhstan to persons which allowed these violations;

25)  No. 161-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 14.01.2014

26)  No. 161-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 14.01.2014

27)  No. 161-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 14.01.2014

28) domestic producers are potential suppliers (further - domestic producers) - the physical and (or) legal entities who are residents of the Republic of Kazakhstan and making:

the goods which are completely made in the Republic of Kazakhstan according to the customs legislation of the Customs union and (or) the Republic of Kazakhstan;

the goods subjected to sufficient conversion in the Republic of Kazakhstan according to criteria of sufficient conversion according to the customs legislation of the Customs union and (or) the Republic of Kazakhstan;

29) the 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), the temporary consolidation legal entities (consortium) acting as the customer's partner in the agreement on public procurements signed with it. The physical person which is not the subject of business activity can be supplier in the case provided by the subitem 5) of Item 3 of article 41 of this Law;

30) commission of experts - the collegiate organ created by the organizer of public procurements or the customer with involvement of experts for participation in development of the specification and (or) the technical specification of the purchased goods, works, services and (or) preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of the purchased goods, works, services, and also for determination of the best technical specification (the best technical specifications) of goods, services;

31) the expert - the physical person having special and (or)

technical knowledge, experience and qualification in the field of the carried-out public procurements, confirmable corresponding

documents (diplomas, certificates, certificates and other documents), attracted by the organizer of public procurements, the single organizer of public procurements or the customer to participation in development of the specification and (or) the technical specification of the purchased goods, works, services and (or) preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of the purchased goods, works, services, and also for determination of the best technical specification (the best technical specifications) of goods, services;

32) 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, affiliirovanny with them, performing purchase of goods, works, services according to this Law, and also the civil legislation of the Republic of Kazakhstan, except for national managing holdings, national holdings, national managing companies, the national companies and legal entities, affiliirovanny with them, National Bank of the Republic of Kazakhstan, its departments and legal entities concerning whom it is founder (authorized body) or the shareholder;

33) goods - objects (things), including semifinished products or raw materials in strong, liquid or gaseous state, electrical and heat energy, objektivirovanny results of creative intellectual activities, and also the corporeal rights with which it is possible to make transactions of purchase and sale according to the laws of the Republic of Kazakhstan;

33-1) database of goods prices, works, services - the information subsystem which is part of the web portal of public procurements, containing data on the developed minimum, average and maximum prices of goods, works, services following the results of public procurements;

33-2) reference book of goods, works, services (further - the reference book) - the systematized inventory, the works, services which are subject of the public procurements having the unique code;

33-3) national treatment - the mode providing the admission of the goods, works, services of foreign origin and potential suppliers offering such goods, works, services to participation in public procurements on equal terms with goods, works, services of domestic origin and the potential suppliers offering such goods, works, services if the requirement about provision of such mode is established by the international treaties ratified by the Republic of Kazakhstan;

34)  No. 393-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 12.11.2015;

34-1) best technical specification - the technical specification containing the description of the purchased goods (services) necessary for the customer which according to the characteristics exceed the technical and quality characteristics declared by the customer;

35) the conditional price - the price calculated taking into account application to the competitive price proposal of the participant of tender of relative value of the criteria provided in the tender documentation, and used only in case of assessment and comparison of competitive price offers for the purpose of determination of the winner of tender;

36) electronic auction (further - auction) - the method of electronic public procurements in case of which the goods acquired by the customer, works, services correspond to auction documentation and the potential supplier who offered for them the smallest price which was defined in case of its lowering conforms to qualification requirements;

37) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

38) electronic public procurements - the public procurements conducted with use of information systems and electronic information resources;

39) the single operator in the sphere of electronic public procurements - the legal entity created according to the decision of the Government of the Republic of Kazakhstan, the single owner of shares (shares in the authorized capital) which is the state or national holding enabling the realization of single technical policy in the sphere of electronic public procurements.

Article 2. Legislation of the Republic of Kazakhstan on public procurements

1. The legislation of the Republic of Kazakhstan on public procurements is based on the Constitution of the Republic of Kazakhstan and consists of regulations of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Principles of legal regulation of public procurements

The legislation of the Republic of Kazakhstan on public procurements is based on the principles:

1) optimum and effective expenditure of the money used for public procurements;

2) provisions to potential suppliers of equal opportunities for participation in the procedure of carrying out public procurements, except the cases provided by this Law;

3) fair competition among potential suppliers;

4) publicity and transparency of process of public procurements;

5) support of goods to domestic manufacturers, suppliers of works and services.

Article 4. The public procurements conducted without application of the regulations of this Law regulating the choice of the supplier and the conclusion of the contract with it on public procurements

1. Public procurements are conducted without application of the regulations of this Law regulating the choice of the supplier and the conclusion of the contract with it on public procurements in cases:

1) purchases of goods, works, services if the total annual amount provided by the annual plan of public procurements does not exceed the two-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

2) purchases of goods, works, services in the prices, rates, charges and payments established by the legislation of the Republic of Kazakhstan;

3) acquisitions for implementation of operational search activities, and also investigative actions by bodies, authorized them to perform according to the legislation of the Republic of Kazakhstan:

services of persons who expressed consent to render confidential assistance to the bodies performing operational search activities;

service premises, transport and other technical means, property;

goods, works, services for creation of the secret organizations;

services of the officials and specialists having necessary scientific and technical or other special knowledge;

4) environmental management acquisitions of right;

5) purchases of goods, being raw resource for strategically important productions which are not extracted in the territory of the Republic of Kazakhstan and acquired abroad according to the inventory approved by authorized body;

6) acquisitions by the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and legal entities of goods, affiliirovanny with them, for the purpose of their subsequent conversion according to the list approved by authorized body;

7) purchases of goods, services connected with entertainment expenses;

8) acquisitions of materials of exhibitions, seminars, conferences, meetings, forums, symposiums, trainings, and also payments for participation in the specified actions;

9) acquisitions of periodic printing editions on paper and (or) electronic carriers;

9-1) acquisitions of services in placement of information in foreign mass media, and also services in provision of information placed on Internet resources;

10) acquisitions of services in preparation, retraining and advanced training of workers abroad;

11) acquisitions of services of rating agencies, financial services regarding rendering services for transfer of the salary into accounts of receivers (physical persons) if the physical person independently determined the credit (bank) institution, and also regarding transactions by cash of physical persons;

11-1) acquisitions of the financial services connected with banking activity;

12) acquisitions of services of specialized libraries for blind and visually impaired citizens;

13) purchases of goods for their subsequent transfer to leasing when implementing leasing activities;

14) acquisitions of securities, shares in the authorized capital of legal entities;

15) purchase of goods and services, stipulated by the legislation the Republic of Kazakhstan about elections, according to the list approved by the Government of the Republic of Kazakhstan;

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