Article 12. Tender documentation, auction documentation, as well as information posted during public procurement by requesting price proposals The Law on Public Procurement

Home / RLA / Article 12. Tender documentation, auction documentation, as well as information posted during public procurement by requesting price proposals The Law on Public Procurement

1. In addition to the qualification requirements provided for in Article 11 of this Law, potential suppliers are subject to the requirements of tender documentation and auction documentation.

2. Tender documentation, auction documentation, as well as information posted during public procurement by requesting price offers, are developed by the organizer in Kazakh and Russian in accordance with this Law and the rules for public procurement, taking into account the requirements of the legislation of the Republic of Kazakhstan on state secrets, official information of limited distribution, determined by the Government of the Republic of Kazakhstan, and other legally protected secrets.

In the tender documentation, auction documentation, as well as in the information posted during public procurement by requesting price offers, there must be a requirement to perform commissioning work, if necessary for the commissioning of goods, work, or services.

3. Tender documentation, auction documentation, as well as information posted during public procurement by requesting price proposals, must contain the requirements of the technical specification (brief description) indicating national standards, and in the absence of interstate standards for purchased goods, works, and services. In the absence of national and interstate standards, the required functional, technical, qualitative and operational characteristics of the purchased goods, works, and services are indicated, taking into account the rationing of public procurement.

At the same time, the technical specification must contain a requirement for potential suppliers to submit documents confirming the compliance of the supplied goods with the requirements established by technical regulations, standards or other documents in accordance with the legislation of the Republic of Kazakhstan.

4. In the tender documentation, auction documentation, it is prohibited to establish conditions for public procurement, which entail a limitation of the number of potential suppliers, in cases not provided for by this Law, including concerning:

1) establishing any non-quantifiable and/or non-determinable requirements for potential suppliers.

Unmeasurable requirements are defined as requirements that cannot be accurately estimated or measured using numerical or statistical methods.

Non-administrative requirements are defined as requirements that cannot be verified and/or controlled.;

2) the content of indications of trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods and the name of the manufacturer, as well as other characteristics that determine the affiliation of the purchased goods, work, services to a separate potential supplier, with the exception of the following cases of public procurement for:

retrofitting, upgrading and retrofitting of the main (installed) equipment, as well as the installed software (licensed software);

determining the service provider for the provision of goods for leasing and, if necessary, a detailed description of the leased item;

repair and (or) maintenance of the goods available to the customer;

purchase of technical auxiliary (compensatory) devices, cochlear implants, medicines and specialized medical nutrition products, if they are purchased for use in patients with medical indications (individual intolerance, for vital reasons), established by the results of medical consultations and medical genetic conclusions.

5. In the posted information when conducting public procurement by requesting price offers, it is not allowed to contain indications of trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods and the name of the manufacturer, as well as other characteristics that determine the affiliation of the purchased goods, work, services to a separate potential supplier, except for the following cases of public procurement for:

1) retrofitting, upgrading and retrofitting of the main (installed) equipment, as well as the installed software (licensed software);

2) identification of the service provider for the provision of goods for leasing and, if necessary, a detailed description of the leased item;

3) repair and (or) maintenance of the goods available to the customer;

4) purchase of technical auxiliary (compensatory) means, cochlear implants, medicines and specialized medical nutrition products, if they are purchased for use in patients with medical indications (individual intolerance, for vital reasons), established by the results of medical consultations and medical genetic conclusions.;

5) purchases of similar goods presented and available on the market, the value of which does not exceed a thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget.

6. The supplier is selected based on compliance with the qualification requirements, the requirements of the tender documentation, auction documentation, criteria affecting the competitive price offer, the rating of potential suppliers generated by the web portal based on data and information from state and non-state information systems, the price offered by the potential supplier during public procurement by requesting price offers.

The procedure for establishing, as well as the grounds for recognizing a potential supplier as meeting or not meeting the specified requirements, are determined by the rules for public procurement.

7. For individual goods, works, and services, the authorized body may establish additional requirements for potential suppliers and suppliers according to the list of goods, works, and services approved by the authorized body.

8. Standard tender documents and auction documents are developed and approved by the authorized bodies of the relevant industry in coordination with the authorized body in accordance with the list of types of goods, works, and services approved by the authorized body.

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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