Article 15. Grounds and consequences of recognition of public procurement as invalid The Law on Public Procurement

Home / RLA / Article 15. Grounds and consequences of recognition of public procurement as invalid The Law on Public Procurement

1. Public procurement by means of a tender or auction shall be deemed invalid on one of the following grounds:

1) the absence of submitted applications for participation in the tender, auction;

2) if no potential supplier is allowed to participate in the tender or auction;

3) if one potential supplier is allowed to participate in the tender or auction, if two or more applications from potential suppliers are submitted for participation in the tender or auction.

2. Public procurement by means of a tender or auction shall be deemed to have taken place if one application has been submitted for participation in a tender or auction that meets the qualification requirements and (or) the requirements of the tender documentation or auction documentation. At the same time, the price of the concluded contract must not exceed the competitive price offer (starting price) of the potential supplier specified in the application for participation in the tender or auction.

3. If public procurement by means of a tender or auction is declared invalid, the customer makes one of the following decisions:

1) on the repeated conduct of public procurement by means of a tender, auction;

2) on changing the tender documentation, auction documentation and on conducting public procurement by means of a tender or auction.

4. In case of recognition of repeated public procurement by means of a tender or auction as invalid on the grounds provided for in subparagraph 1) According to paragraph 1 of this article, the customer has the right to carry out public procurement using a single source method. At the same time, the potential supplier to whom an invitation to participate in public procurement is sent in a single-source manner is determined by the customer and must meet the qualification requirements, as well as the requirements of the tender documentation and auction documentation. The price of the concluded contract must not exceed the amount allocated for the implementation of this public procurement.

5. In cases of recognition of public procurement by means of a tender or auction as invalid on the grounds provided for in subparagraphs 2) and 3) of paragraph 1 of this article, public procurement by means of a single source is not allowed. At the same time, competitive price offers (starting prices) of potential suppliers are not disclosed, nor are they requested during public procurement in accordance with Article 26 of this Law.

6. When conducting public procurement by requesting price offers, if only one price offer from a potential supplier is submitted during the deadline for submitting price offers, such public procurement is automatically recognized as invalid by the web portal and the organizer carries out public procurement using a single source from this potential supplier. At the same time, the price of the concluded contract should not exceed the price offer of the potential supplier.

7. If no price proposals from potential suppliers are submitted during the deadline for submitting price proposals, such public procurement is automatically declared invalid by the web portal and the organizer carries out repeated public procurement by requesting price proposals.

8. The price offer of a potential supplier is subject to automatic rejection by the web portal in the following cases::

1) if it exceeds the amount allocated for the purchase of these goods, works, services;

2) provided for by the sub-paragraphs 1), 3), 4), 5), 6), 7) and 9) paragraph 1 of Article 7 of this Law;

3) the absence or insufficiency of the amount of collateral for the application for participation in the request for price proposals located in the electronic wallet of a potential supplier.

9. If, after the web portal automatically rejects price offers on the grounds provided for in paragraph 8 of this article, less than two price offers of potential suppliers remain, such public procurement shall be deemed invalid and the organizer shall repeat public procurement by requesting price offers.

10. When conducting public procurement through an electronic store, if the order is not confirmed by any of the potential suppliers within the time specified by the rules of public procurement, public procurement through an electronic store is considered invalid.

11. In case of recognition of public procurement through the electronic store as invalid, the customer makes one of the following decisions::

1) on re-conducting public procurement through an electronic store;

2) on the implementation of public procurement by other competitive methods defined by paragraph 1 of Article 10 of this Law.

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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