Article 119. Selection of the contractor of the Building Code of the Republic of Kazakhstan

Home / Codes / Article 119. Selection of the contractor of the Building Code of the Republic of Kazakhstan

1. The contractor (general contractor) may be selected by the customer or his authorized person to perform contract work not related to public procurement.:

1) without holding a competition, unless otherwise provided for this project (program) by the legislation of the Republic of Kazakhstan;

2) based on the results of a closed or open tender;

3) with or without preliminary qualification of applicants for participation in the tender.

2. The main participants in tenders for contract work are:

1) the organizer (organizer) of tenders in the person of the customer or his authorized person acting on the basis of the authority of the customer;

2) the competition jury (tender commission) is a permanent or temporary collegial working body of the organizer (organizer) of the competition (tender);

3) applicants – persons admitted to participate in the tender, who have officially applied to the organizer (organizer) of the tenders with an application for their intention to participate in an open tender, as well as persons who have accepted an invitation to participate in a closed tender.

3. At the time of the decision to hold a tender to select a contractor (general contractor), as well as at the beginning of the construction project (program), the customer must:

1) have the necessary sources of financing for construction or the right to dispose of the necessary amount during the time period required for the implementation of the construction project (program). This provision does not apply if the terms of the tender include a requirement for financing construction by the contractor (general contractor).;

2) have the appropriate rights to the land plot (site or highway for construction) or the decision of the local executive body on its provision.

4. If the terms of the tender (tender) for the choice of the contractor (general contractor) determine that the preparation of investment justifications and the development of design estimates are the responsibilities of the customer, then at the time of the tender (tender) for contract work, the customer must have investment justifications approved in accordance with the established procedure and design estimates that have been comprehensively reviewed. non-departmental expertise of construction projects.

5. The place of organization and holding of an open tender (tender) for the selection of a contractor (general contractor) is the territory of the Republic of Kazakhstan, unless otherwise provided by international treaties ratified by the Republic of Kazakhstan.

6. The procedure and conditions of the tender (tender) are determined by the customer or on his behalf by the organizer (organizer) of the tender (tender), unless otherwise provided by the laws of the Republic of Kazakhstan.

7. They are not allowed to participate in competitions (tenders).:

1) individuals and legal entities who are not allowed to conduct business on the territory of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

2) legal entities declared bankrupt;

3) persons who are the organizers (organizers) of the competition (tender) or members of the jury of the competition (tender commission).

8. The customer or the organizer (organizer) of the competition (tender) and the jury of the competition (tender commission) the applicant has no right to require the mandatory provision of information that is his trade secret.

9. The announcement of a competition (tender) for contract work and the approval (recognition) by the customer of one of the participants in the competition (tender) as the winner are the grounds for concluding a construction contract between them for the performance of contract work provided for in the terms of the competition (tender).

10. The customer, the organizer (organizer) of the competition (tender) for contract work and the jury of the competition (tender commission) for non-fulfillment or improper fulfillment of their obligations are responsible in accordance with the laws of the Republic of Kazakhstan.

11. Contract works that are not related to public procurement are performed on the basis of a construction contract concluded between the customer or his authorized person and the contractor (general contractor) chosen by him.

The construction contract concluded in accordance with paragraph 9 of this article must specify the types and volumes of contract work (services) that the contractor (general contractor) intends to transfer to subcontractors for execution. At the same time, it is not allowed to subcontract in total more than two thirds of the cost of all contract work provided for in the construction contract (contract price).

The maximum volumes of contract works (services) performed (rendered) within the framework of public procurement, which can be transferred to subcontractors (co-executors) to perform works or provide services, are determined in accordance with the legislation of the Republic of Kazakhstan on public procurement.

12. The obligations and responsibilities of the customer to the contractor (general contractor) and the contractor (general contractor) to the customer are established by the construction contract, unless otherwise provided by the legislation of the Republic of Kazakhstan.

13. The construction contract establishes warranty periods for the sustainable functioning of the construction facility after its commissioning, which determine the financial responsibility of the contractor (general contractor).

If the warranty period is not established by the construction contract, the norm provided for in the second part of paragraph 1 of Article 122 of this Code is applied.

The Code of the Republic of Kazakhstan dated January 9, 2026 No. 253-VIII SAM

This Code regulates public relations related to the implementation of architectural, urban planning and construction activities in the Republic of Kazakhstan, the formation of a full-fledged habitat and human activity, planning and development of settlements, interuniverse territories, ensuring the safety of construction sites at all stages of their life cycle.

President

Republic of Kazakhstan

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