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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2015 No. 434-V ZRK

About public procurements

(The last edition from 19-04-2019)

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

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

6) the goods, works, services acquired by national managing directors of holdings, national holdings, national managing companies, the national companies and legal entities, National Bank of the Republic of Kazakhstan, affiliirovanny with them, 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 (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them;

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;

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.

Article 2. 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 request of the potential supplier for participation in tender (auction), and which are equally introduced by the corrections distorting the valid content and untrue the provided request of the potential supplier;

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

2) 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), temporary consolidation legal entities (consortium), the agreements on public procurements applying for the conclusion. The physical person which is not the subject of business activity can be the potential supplier in case of acquisition by customers of the dwelling belonging on the right of private property to such physical person;

3) 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;

4) the starting price - the price offered by the potential supplier before holding the auction, attached to the auction participation application;

4-1) qualification body - the legal entity performing prequalification of potential suppliers and creating the list of skilled potential suppliers, determined by authorized body;

5) 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;

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