Article 11. Qualification requirements for a potential supplier of the Law on Public Procurement

Home / RLA / Article 11. Qualification requirements for a potential supplier of the Law on Public Procurement

1. The following qualification requirements apply to potential suppliers and/or subcontractors (co-executors)::

1) have legal capacity (for legal entities) and civil legal capacity (for individuals);

2) be financially stable and have no tax arrears exceeding six times the monthly calculation index established for the relevant fiscal year by the law on the republican budget.

The financial stability of a potential supplier is determined automatically by the web portal based on information on income, taxes paid, fixed assets, and payroll in accordance with the procedure established by the rules for public procurement.

Additional criteria of financial stability may be established for potential suppliers belonging to the category of taxpayers who are fully or partially exempt from paying taxes by the laws of the Republic of Kazakhstan and the rules for public procurement.

For the purposes of public procurement, the consolidation of financial stability indicators is not allowed, with the exception of indicators for fixed assets and payroll.

At the same time, such an association is allowed provided that the main type of activity of the reorganized legal entities during the three years (continuously) preceding the previous year corresponds to the first level (section) of the structure of the general classifier of economic activities.;

3) not be subject to bankruptcy or liquidation proceedings;

4) possess material, labor and financial resources sufficient to fulfill obligations under the contract, as well as not have overdue wage arrears to employees.

In public procurement of works and services, the customer has the right to require from a potential supplier the availability of material and labor resources sufficient to fulfill obligations under the contract, registered in the relevant administrative-territorial unit within the boundaries of the region, the city of republican significance and the capital at the place of work, services;

5) Have work experience.

For the purposes of public procurement, work experience is taken into account only under contracts executed within the framework of public procurement and other contracts, information about which is contained in the information systems of government agencies.

In the case of reorganization of legal entities (joining, merging), the greatest work experience of one of the reorganized legal entities is taken into account.

2. The procedure for establishing the qualification requirements provided for in paragraph 1 of this article, including for subcontractors (co-executors) involved, is determined by the rules of public procurement.

3. It is not allowed to establish the qualification requirements specified in paragraph 1 of this article, which are:

1) restrict and unreasonably complicate the participation of potential suppliers in public procurement;

2) do not directly follow from the need to fulfill obligations under the contract.

4. The compliance of a potential supplier and (or) an engaged subcontractor (co-executor) with the qualification requirements established by this article is confirmed by submitting to the customer, the organizer, the single organizer the relevant documents provided for by this Law and the rules of public procurement, or through information systems of government agencies in accordance with the legislation of the Republic of Kazakhstan on informatization.

In the case of public procurement, for which it is necessary to have a permit, to send a notification of the commencement of activities in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications", the customer, the organizer, the single organizer are required to establish a requirement for the availability of appropriate permits (notifications) to potential suppliers and (or) subcontractors (co-executors).

In the absence of information in the information systems of government agencies, the potential supplier and (or) the involved subcontractor (co-executor) shall submit a notarized or electronic copy of the relevant permit (notification) received (sent) in accordance with the legislation of the Republic of Kazakhstan.

5. A potential non–resident supplier of the Republic of Kazakhstan, in order to confirm its compliance with the qualification requirements established by this article, submits the same documents as residents of the Republic of Kazakhstan, or documents confirming similar information about the qualifications of a potential non–resident supplier of the Republic of Kazakhstan.

6. It is not allowed to establish qualification requirements not provided for in paragraph 1 of this Article, except in cases of certain types of public procurement through a tender, as well as cases provided for in Article 26 and paragraphs 6 and 7 of Article 27 of this Law, in accordance with the procedure established by the rules of public procurement.

7. A potential supplier and/or an engaged subcontractor (co-executor) are deemed to not meet the qualification requirements for one of the following reasons:

1) failure to submit a document(s), as well as the absence of information in the information systems of government agencies to confirm compliance with the qualification requirements of a potential supplier and (or) a subcontractor (co-contractor) of works or services engaged by him;

2) establishing the fact of non-compliance with the qualification requirements based on the information contained in the documents submitted by the potential supplier, as well as in the information systems of government agencies to confirm its compliance, as well as the non-compliance of the subcontractor (co-contractor) of works or services attracted by him with the qualification requirements;

3) establishing the fact of providing false information.

8. It is not allowed to recognize a potential supplier and (or) a subcontractor (co-executor) of works or services attracted by him as not meeting the qualification requirements on grounds not provided for in paragraph 7 of this Article.

The Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII The Law of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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