Article 17. Conclusion and execution of the contract The Law on Public Procurement s

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Article 17. Conclusion and execution of the contract The Law on Public Procurement

1. The conclusion and execution of the contract are carried out in accordance with this Law, the civil legislation of the Republic of Kazakhstan, and the rules for public procurement.

2. Draft agreements are drawn up in accordance with standard agreements approved by the authorized body.

Standard contracts may be approved by the authorized body for certain types of goods, works, and services.

In case of conclusion of an agreement with a non-resident of the Republic of Kazakhstan, it is allowed to formalize the agreement in the form proposed by him on paper, taking into account the requirements of the legislation of the Republic of Kazakhstan.

Contracts concluded in accordance with paragraph 3 of Article 16 of this Law may be drawn up in a different form, taking into account the requirements of the legislation of the Republic of Kazakhstan.

3. The contract is concluded for a period of one fiscal year.

The conclusion of a contract for a period of more than one financial year is allowed if there is appropriate financing in the approved (clarified) budget (development plan) for subsequent years.

4. The contract comes into force after it is signed by the customer and the supplier. If the contract is subject to registration, it comes into force after its registration in accordance with the legislation of the Republic of Kazakhstan.

5. If the potential supplier, recognized as the winner, has not submitted a signed contract to the customer within the time limits established by the rules for public procurement, or, having concluded the contract, has not provided security for the performance of the contract and (or) the anti-dumping amount (if any), then such potential supplier shall be deemed to have evaded the conclusion of the contract.

6. The contract must contain conditions for full payment for the supply of goods, performance of works or provision of services within a period not exceeding thirty calendar days from the date of fulfillment of obligations under this contract.

At the same time, the minimum period for the delivery of goods, performance of work, and provision of services under the contract should not be less than the period spent on the delivery of goods, including its manufacture (production), delivery, performance of work, and provision of services, but not less than fifteen calendar days.

7. Liability for non-fulfillment or improper fulfillment of obligations under the agreement must be provided for the parties to the agreement.

8. The maximum amounts of work and services transferred by the supplier to subcontractors (co-executors) for the performance of work or the provision of services should not exceed a total of thirty percent of the total volume of work performed or services rendered.

At the same time, subcontractors (co-executors) are prohibited from transferring to other subcontractors (co-executors) the volume of work performed or services rendered that are the subject of ongoing public procurement.

9. The contract is considered fulfilled provided that the customer and the supplier fully fulfill their obligations under the specified contract.

In case of non-fulfillment or improper fulfillment of obligations assumed by the supplier under the contract, the customer takes measures to:

1) the inclusion of such a supplier in the register of unscrupulous participants in public procurement in accordance with the procedure established by this Law;

2) the recovery of a penalty (fine, fine) in accordance with the procedure established by the rules of public procurement.

10. The procedure for concluding a contract, including making guarantees for the performance of the contract (securing an advance payment, an anti-dumping amount), and their types are determined by the rules for public procurement.

At the same time, in cases defined by the rules of public procurement, the amount of contract enforcement is from three to five percent of the total amount of the contract.

If the contract provides for the payment of an advance, the supplier, in addition to securing the performance of the contract, provides an advance payment in the amount equal to the advance.

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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