Article 10. Register of unscrupulous procurement participants of the Law On Procurement of certain subjects of the quasi-public sector

Home / RLA / Article 10. Register of unscrupulous procurement participants of the Law On Procurement of certain subjects of the quasi-public sector

1. The register of unscrupulous procurement participants is formed in the electronic procurement information system.

2. The register of unscrupulous procurement participants is a list of:

1) potential suppliers identified by the winners, but who evaded the conclusion of the contract;

2) potential suppliers or suppliers who provided false information on qualification requirements and (or) documents affecting the tender price offer;

3) suppliers who have not fulfilled or improperly fulfilled their obligations under the contracts concluded with them.

In the case specified in subparagraph 1) of part one of this paragraph, the customer is obliged to send information about such a potential supplier to the centralized procurement control service within ten working days from the date of the potential supplier's evasion from concluding the contract.

In the case specified in subparagraph 2) of part one of this paragraph, the customer, the procurement organizer must, no later than thirty calendar days from the date on which they became aware of the violation, file a lawsuit with the court to recognize such a potential supplier or supplier as an unscrupulous participant in the 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 date on which he became aware of the supplier's violation of the contract, to file a lawsuit with the court for recognition of such supplier as an unscrupulous participant in the procurement, except in cases of payment by the supplier of a penalty (fine, fine) and full performance they have no contractual obligations.

3. The Conciliation Commission considers the application of a potential supplier and decides on the early exclusion or refusal to prematurely exclude a potential supplier from the register of unscrupulous procurement participants.

4. The register of unscrupulous procurement participants is formed on the basis of:

decisions of the centralized procurement control service in the case provided for in subparagraph 1) the first part of paragraph 2 of this article;

court decisions that have entered into legal force in the cases provided for in subparagraphs 2) and 3) of the first paragraph of paragraph 2 of this Article.

5. Potential suppliers included in the register of unscrupulous procurement participants on the grounds provided for in subparagraph 1) of the first part of paragraph 2 of this article, are not allowed to participate in procurement within twenty-four months from the date of the decision to recognize them as unfair procurement participants.

Potential suppliers or suppliers included in the register of unscrupulous procurement participants on the grounds provided for in subparagraphs 2) and 3) of paragraph one of paragraph 2 of this article shall not be allowed to participate in procurement within twenty-four months from the date of entry into force of a court decision recognizing such potential suppliers or suppliers as unscrupulous procurement participants.

The grounds for exclusion from the register of unscrupulous procurement participants are:

1) the expiration of the time period established by the first and second parts of this paragraph;

2) the existence of a judicial act that has entered into legal force to reverse the decision to recognize a potential supplier or supplier as an unscrupulous participant in the procurement;

3) the decision of the conciliation commission on the early exclusion of a potential supplier from the register of unfair procurement participants.

6. The decision to include a potential supplier or supplier in the register of unscrupulous procurement participants may be appealed by him in accordance with the legislation of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated June 8, 2021 No. 47-VII SAM.

President

Republic of Kazakhstan

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