Article 16. Grounds for conducting public procurement using a single-source method of the Law on Public Procurement

Home / RLA / Article 16. Grounds for conducting public procurement using a single-source method of the Law on Public Procurement

1. Public procurement using a single-source method shall be carried out in the cases provided for in paragraphs 2 and 3 of this article.

2. Public procurement using a single source method for failed public procurement is carried out in cases where:

1) public procurement by means of a tender or auction is declared invalid in the cases provided for by this Law.

This provision does not apply to cases when public procurement through a tender or auction was declared invalid in accordance with the laws of the Republic of Kazakhstan.;

2) public procurement by the method of requesting price proposals has been declared invalid in the cases provided for by this Law, or the measures taken by the organizer provided for in paragraphs 7 and 9 of Article 15 of this Law have not led to the conclusion of a contract.

3. Public procurement using a single source method by direct conclusion of a contract is carried out in the following cases::

1) purchase of services related to the spheres of natural monopolies, as well as energy supply services or purchase and sale of electric energy from an energy supply organization;

2) the acquisition of goods and services that are objects of intellectual property from a person who has exclusive rights in respect of the acquired goods and services.

Such an acquisition is allowed if there is an opinion of the antimonopoly authority on the absence of private business entities engaged in the production of similar goods and services.;

3) purchase of goods, works, and services necessary for:

prevention, localization and (or) liquidation of crisis situations, consequences of emergency situations or emergency situations;

localization and (or) elimination of especially dangerous, exotic animal diseases, quarantine facilities, and alien species detected for the first time or newly on the territory of the Republic of Kazakhstan;

carrying out measures in quarantine zones and disadvantaged points for especially dangerous animal diseases, centers of spread of quarantine facilities, emergency phytosanitary measures;

elimination of technological violations at electric power facilities, life support communication systems, railway, air, automobile, water transport facilities, sewage treatment plants, oil pipelines, gas pipelines, urgent medical intervention, as well as in case of breakdowns, failure of communications, mechanisms, aggregates, spare parts and materials en route, requiring immediate restoration;

4) purchase of goods, works, services at the expense of money allocated from the reserve of the Government of the Republic of Kazakhstan and (or) the local executive body, in cases of situations threatening political, economic and social stability, life and health of people;

5) purchase of services for the storage of material assets of the state material reserve;

6) acquisition of operational accounting, intelligence, counterintelligence activities, pre-trial investigation in a criminal case, execution of an international request by bodies authorized to carry them out in accordance with the legislation of the Republic of Kazakhstan, as well as state-owned enterprises and joint-stock companies, one hundred percent of the voting shares of which belong to the state, in respect of which the national security authorities of the Republic of Kazakhstan carry out management in accordance with the legislation of the Republic of Kazakhstan on state property:

services of persons who have agreed to provide confidential assistance to bodies engaged in operational-investigative and counterintelligence activities;

office premises, transport and other technical facilities, information systems, property, as well as services for their maintenance, maintenance and technical support;

goods, works, and services for the creation and maintenance of conspiratorial organizations and facilities;

the services of officials, translators, experts and specialists with the necessary scientific, technical or other special knowledge.

It is allowed to purchase goods, works, and services specified in this subparagraph outside the scope of the operational accounting case to ensure the activities of full-time secret employees of bodies engaged in operational investigative activities.;

7) purchase of goods, works, and services necessary for carrying out activities to prevent, suppress, and counter terrorism and extremism by bodies authorized to carry them out in accordance with the legislation of the Republic of Kazakhstan;

8) purchase of services of international rating agencies, financial services, including services for professional liability insurance of a medical professional, with the exception of other types of insurance;

9) purchase of specialized library services for blind and visually impaired citizens;

10) purchase of services for the production of state and departmental awards and related documents, a badge of a deputy of the Parliament of the Republic of Kazakhstan and a document to it, state certification stamps, passports (including official and diplomatic ones), identity cards of citizens of the Republic of Kazakhstan, a residence permit for a foreigner in the Republic of Kazakhstan, a certificate of a stateless person, certificates on the registration of acts of civil status, as well as the purchase of printed products from suppliers designated by the Government of the Republic of Kazakhstan, requiring a special degree of protection, according to the list approved by the Government of the Republic of Kazakhstan;

11) purchase of goods, works, and services carried out in accordance with international treaties of the Republic of Kazakhstan, according to the list approved by the Government of the Republic of Kazakhstan;

12) purchase of goods, works, and services related to the use of grant money provided to the Government of the Republic of Kazakhstan free of charge by States, state governments, international and governmental organizations, foreign non-governmental public organizations and foundations whose activities are charitable and international in nature, as well as money allocated to co-finance these grants in cases where The agreements on their provision provide for other procedures for the purchase of goods, works, and services.;

13) purchase of training, retraining and advanced training services for employees abroad;

14) purchase of medical treatment services for citizens of the Republic of Kazakhstan abroad, as well as services for their transportation and support;

15) purchase of goods, works, and services:

foreign institutions of the Republic of Kazakhstan, separate divisions of customers acting on their behalf to ensure their activities on the territory of a foreign state, as well as for the purposes of peacekeeping operations;

an operator in the field of official development assistance for the implementation of official development assistance projects in the partner country;

16) purchase of goods and services related to representative expenses;

17) acquisition of information services by international and (or) foreign information organizations;

18) purchase of special social services provided for by the guaranteed volume of special social services and services for assessing and determining the need for special social services;

19) purchase of goods, works, and services produced, performed, and provided by state enterprises of institutions of the penal enforcement (penitentiary) system. The list and volumes of goods, works, and services, as well as the list of state-owned enterprises of institutions of the penal enforcement (penitentiary) system from which such goods, works, and services are purchased, are approved by the central executive body of the Republic of Kazakhstan, which heads the unified system of internal affairs bodies, in coordination with the authorized body and the antimonopoly authority.

The acquisition by state-owned enterprises of institutions of the penal enforcement (penitentiary) system of raw materials, materials and components for the production of goods, works, and services for the purpose of convict employment is carried out on the basis of contracts concluded with legal entities.

State-owned enterprises of institutions of the penal enforcement (penitentiary) system are allowed to involve subcontractors (co-executors) for the production of goods, performance of works and provision of services within the framework of an agreement concluded with the customer, in the amount of no more than one third of the volume of work performed or services provided for the purpose of employment by the subcontractor (co-executor) of convicted and (or) those who have served their sentence or registered with the probation service on the terms defined by the rules of public procurement;

20) the acquisition by the state body responsible for the activities of the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan of goods, works, and services from state-owned enterprises, in respect of which it administers in accordance with the legislation of the Republic of Kazakhstan on state property, on the main subject of the activities of such state-owned enterprises;

21) purchase of goods, works, and services necessary to ensure the safety and security (including participation in ensuring security) of the President of the Republic of Kazakhstan, other protected persons and facilities intended for the stay of protected persons, as well as services for the formation of a video archive and information services for the activities of the President of the Republic of Kazakhstan;

22) purchase of goods, works, and services necessary to ensure the activities of the President of the Republic of Kazakhstan and other protected persons, maintenance, maintenance, and operation of state residences, motor vehicles, and aircraft intended to serve the President of the Republic of Kazakhstan and other protected persons, as well as purchase of goods, works, and services necessary for events with the participation of the President of the Republic of Kazakhstan and other protected persons in accordance with the legislation of the Republic of Kazakhstan;

23) purchases of goods, works, and services by state-owned enterprises, legal entities, fifty percent or more of the voting shares (stakes in the authorized capital) of which belong to the state, in respect of which the state body responsible for the activities of the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, or its departments manage in accordance with the legislation of the Republic of Kazakhstan on State property;

24) acquisition of consulting and legal services for assessing the prospects of proceedings, protecting and representing the interests of the state or customers in arbitration, foreign arbitration, foreign state and judicial authorities, as well as in the process of pre-arbitration (judicial) dispute settlement;

25) purchase of goods, works, and services from a person designated by the laws of the Republic of Kazakhstan;

26) purchases of goods, works, and services by a state body in the presence of an opinion of the antimonopoly authority on the absence of private business entities engaged in the production of similar goods, works, and services from joint-stock companies, limited liability partnerships, one hundred percent of the voting shares (stakes in the authorized capital) of which belong to the state, and state-owned enterprises, in respect of which he manages in accordance with the legislation of the Republic of Kazakhstan on state property, the relevant powers of which, including the state body, established by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan.

The requirement to have an opinion of the antimonopoly authority on the absence of private business entities engaged in the production of similar goods, works, and services does not apply to the purchase of goods, works, and services from organizations that ensure the activities of national security agencies and election commissions.;

27) purchase of services for the training of astronauts and the organization of flights of astronauts into space, as well as goods and services for maintenance and repair of aviation equipment from specialized aviation manufacturers and enterprises;

28) purchase of homogeneous goods, if the annual volume of such homogeneous goods in value terms does not exceed one hundred times the size of the monthly calculation index, works and services, if the annual volume of such homogeneous works and services in value terms does not exceed five hundred times the size of the monthly calculation index, and for the offices of akims of cities of regional significance, villages, towns, rural districts – four thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget;

29) purchase of services related to sending students, undergraduates, and graduate students to participate in creative competitions (contests, Olympiads, festivals, games), exhibitions, conferences, forums, master classes, internships, and practical training assignments, including travel to and from the venue of these events, rental of residential premises, and transportation maintenance, catering;

30) purchase of goods that are cultural values, including museum objects and museum collections, as well as rare and valuable publications, manuscripts, archival documents, including copies of historical, artistic or other cultural significance, intended to replenish state museum, library, archival funds, film, photographic fund and other similar funds;

31) purchase of materials from exhibitions, seminars, conferences, meetings, forums, symposiums, trainings, as well as payment for participation in these events, if there is a conclusion from the antimonopoly authority that there is no other way to purchase the relevant goods, works, and services on a competitive basis.;

32) the acquisition by a cultural organization, an educational organization in the field of culture, or a television and radio broadcasting operator of goods, works, and services for stage performances, public performances, and the presentation of works of art and cultural property;

33) placing an order to visit a zoo, theater, cinema, concert, circus, museum, exhibition and sporting event;

34) purchase of services for author supervision over the development of design documentation for capital construction facilities, author supervision over the construction, reconstruction and overhaul of capital construction facilities by the relevant authors, as well as work on correcting pre-design or design estimates from the person who developed this pre-design or design estimates;

35) if there is a need for public procurement of daily and (or) weekly needs for the period until the results of public procurement are summarized and the contract enters into force, if such public procurement is carried out according to the list approved by the authorized body, in an amount not exceeding the volume of public procurement of such goods, works, services necessary for to meet the customer's needs during the public procurement period, but for no more than two months.

This subparagraph applies if the supplier refuses to extend the contract concluded in the previous year, if such public procurement is carried out during the first month of the year, or if the customer is created (reorganized) during the current financial year, but not for more than two months.;

36) purchase of sports equipment and equipment (equipment), sports equipment necessary for the participation and (or) training of sports national and national teams of the Republic of Kazakhstan, as well as for the participation of sports national and national teams of the Republic of Kazakhstan in the Olympic, Paralympic, Deaflympic Games and other international sporting events based on the calendar plan approved by the authorized body the body in the field of physical culture and sports;

37) acquisition of communications services for the needs of defense, national security, and law enforcement, as well as goods that are means of cryptographic protection of information classified as state secrets;

38) purchase of services for the lease of buildings, structures, structures, premises with non-residential purpose, defined by the act in accordance with the legislation of the Republic of Kazakhstan, purchase of services for maintenance, protection and maintenance of a leased building, structure, structures, premises with non-residential purpose, purchase of maintenance services (including government agencies located in buildings belonging to particularly important state facilities), protection and maintenance of one or more non-residential premises, transferred for gratuitous use and (or) operational management to the customer, in the event that these services are provided to another person or persons using non-residential premises located in the building in which the non-residential premises are located, transferred for gratuitous use and (or) operational management to the customer;

39) acquisition of invataxi services from public associations of persons with disabilities of the Republic of Kazakhstan.

The draft agreement is sent to public associations of persons with disabilities of the Republic of Kazakhstan, which have been verified in the information system of the state body providing a single access point to electronic public procurement services, for compliance:

all the conditions stipulated in subparagraph 11) of the first part of Article 394 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget" (Tax Code);

membership in public associations of persons with disabilities of the Republic of Kazakhstan;

40) purchase of goods, works, and services necessary to ensure the activities of special-purpose units of government agencies related to the detection and neutralization of explosives and explosive devices, conducting anti-terrorist operations, as well as special operations to free hostages, detain and neutralize armed criminals, extremists, terrorists, members of organized criminal groups, and persons who have committed grave and especially grave crimes;

41) purchase of goods, works, and services aimed at the implementation of critically important facilities and projects of national importance in accordance with the budget legislation of the Republic of Kazakhstan from a person designated by the Government of the Republic of Kazakhstan by decision (instruction) of the President of the Republic of Kazakhstan;

42) purchase of goods from a legal entity that has concluded an investment agreement in accordance with Article 295-2 of the Entrepreneurial Code of the Republic of Kazakhstan;

43) purchase of goods that are the subject of offset contracts concluded in accordance with the legislation of the Republic of Kazakhstan.

4. Public procurement using a single source method by direct conclusion of a contract is carried out in accordance with the procedure established by the rules for public procurement, including taking into account format and logical control.

5. The decision to carry out public procurement using a single source method by directly concluding a contract is made by the first head of the customer or by a person acting as such, or by the head of the central government agency's office or by another official exercising the powers of the head of the office.

6. Public procurement by means of a single source method through the direct conclusion of a contract shall be carried out in compliance with the principles of public procurement provided for in subparagraphs 1), 4), 6) and 7) of paragraph 1 of Article 5 of this Law.

The person who made the decision to carry out public procurement using a single source method by directly concluding a contract is personally responsible for compliance with the above principles.

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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