Article 11. Procurement methods of the Law On Procurement of Certain Entities of the Quasi-public Sector

Home / RLA / Article 11. Procurement methods of the Law On Procurement of Certain Entities of the Quasi-public Sector

1. Purchases are made using the following methods:

1) tenders;

2) the auction;

3) request for price offers;

4) from a single source;

5) excluded by the Law of the Republic of Kazakhstan dated 07/01/2024 No. 107-VIII (effective from 01/01/2025).

6) through an electronic store;

7) excluded by the Law of the Republic of Kazakhstan dated 12/30/2022 No. 177-VII (effective ten calendar days after the date of its first official publication).

2. The procedure for procurement by the methods provided for in paragraph 1 of this article shall be determined by the procurement rules.

3. Procurement by the methods provided for in subitems 1) and 3) of paragraph 1 of this Article may be carried out using prequalification in accordance with the procurement rules.

4. Procurement in the manner provided for in subparagraph 2) paragraph 1 of this Article shall not be applied when making purchases by the Fund and the Fund's organizations.

5. Excluded by the Law of the Republic of Kazakhstan dated 07/01/2024 No. 107-VIII (effective from 01/01/2025). 6. Excluded by the Law of the Republic of Kazakhstan dated 12/30/2022 No. 177-VII (effective ten calendar days after the date of its first official publication).

7. The method of procurement is determined by the customer in accordance with this Law and the procurement rules.

8. When making purchases, they are not allowed:

1) establishment in the tender documentation (auction documentation) of qualification requirements for potential suppliers that are not provided for by the procurement rules, or indication in the tender documentation (auction documentation) or in the posted information when making purchases by requesting price offers for characteristics that determine the affiliation of the purchased goods, works, services to individual potential suppliers, except in the following cases::

purchase of goods, works and services for retrofitting, retrofitting, unification or ensuring compatibility with existing goods, works and services, as well as for further technical support, maintenance and repair, including scheduled repairs (if necessary) of the main (installed) equipment;

unless otherwise provided by the procurement category strategy developed and approved in accordance with the procurement procedure of the Fund.;

purchase of goods, works and services for the fulfillment by the customer of obligations under the contract concluded by him as a supplier with a non-resident of the Republic of Kazakhstan, and the availability in this contract of relevant indications of trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin and the name of the manufacturer, as well as other information and (or) documents that determine whether the purchased goods, works, and services belong to a separate potential supplier or manufacturer;

purchases of the following goods by producers of petroleum products and petrochemical products:

technological equipment and auxiliary materials (catalysts, reagents, special additives) for technological installations, spare parts and lubricants for operational technological equipment in accordance with the technical documentation from the manufacturer for such technological equipment.;

used in the operation of technological installations according to license agreements;

2) refusal to make purchases in cases not provided for by the procurement rules;

3) recognition of a potential supplier and (or) subcontractors involved in the performance of work or co-contractors for the provision of services that do not meet the qualification requirements and (or) the requirements of the tender documentation (auction documentation) on grounds not provided for in the procurement rules;

4) non–division of heterogeneous goods, works and services into lots by uniformity, homogeneous goods – by types of homogeneous goods and by places of delivery, homogeneous works and services - at the place of their execution, rendering, except in cases stipulated by the rules of procurement;

5) preparation by the expert commission on procurement or by the expert on procurement of a deliberately false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission);

6) making purchases using a single source method in cases not provided for by the procurement rules.;

7) a requirement from a potential supplier to submit documents not provided for in the tender documentation.

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

President

Republic of Kazakhstan

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