Article 18. Grounds for making changes to the draft agreement, the concluded agreement, as well as the termination of the agreement The Law on Public Procurement

Home / RLA / Article 18. Grounds for making changes to the draft agreement, the concluded agreement, as well as the termination of the agreement The Law on Public Procurement

1. Amendments to the draft agreement, provided that the quality and other conditions that formed the basis for choosing a supplier remain unchanged, are allowed subject to the following interrelated conditions:

1) amendments to the draft agreement were initiated by one of the parties no later than five working days from the date of signing the protocol on the results of public procurement by means of a tender or auction;

2) amendments may be made in terms of reducing the amount of the draft agreement;

3) the decision to make changes in terms of reducing the amount of the draft agreement was made by mutual agreement of the parties;

4) amendments to the draft contract in terms of extending the term of the contract by five working days, sent to the potential supplier who took the second place, if the potential supplier, determined by the winner, evaded the conclusion of the contract.

It is not allowed to amend the draft agreement without observing the conditions stipulated in this paragraph.

2. Changes to the concluded contract are allowed, provided that the quality and other conditions that formed the basis for choosing a supplier remain unchanged.:

1) by mutual agreement of the parties in terms of reducing the price of goods, works, services and, accordingly, the amount of the contract;

2) in terms of increasing the amount of the contract, if changes have been made to the design and estimate documentation that has been reviewed in accordance with the legislation of the Republic of Kazakhstan and a decision has been made to allocate additional money for the amount of such a change in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

3) in terms of reducing or increasing the amount of the contract related to reducing or increasing the need for the volume of purchased goods, works, except for the works specified in subparagraph 2) of this paragraph, services, provided that the price per unit of goods, work, services specified in the concluded contract of these goods, works, services remains unchanged. Such a change in the concluded contract is allowed within the limits of the existing savings on this public procurement, with the exception of transport services, communication services, as well as goods and services related to catering for the Armed Forces of the Republic of Kazakhstan, other troops and military formations.;

4) if, in the course of executing the contract concluded with him, the supplier has offered, subject to the invariance of the unit price of the goods, work, or service, better quality and (or) technical characteristics or terms and (or) conditions for the delivery of the goods, performance of the work, or provision of services that are the subject of the contract concluded with him;

5) in terms of reducing or increasing the amount of the contract for the performance of works and services with a completion date in the next (subsequent) financial year(s) caused by changes in the tax, customs and other legislation of the Republic of Kazakhstan;

6) in terms of reducing the amount of the contract for the performance of works and services with a completion date in the next (subsequent) financial year(s);

7) in terms of changing the deadlines for fulfilling obligations under contracts for the performance of works and services in the event of a change in financing over the years, provided that the amount of the concluded contract remains unchanged.;

8) in terms of changing the deadline for fulfilling obligations under the work contract in the event of a criminal case related to the execution of the contract against an official of the customer and (or) supplier.;

9) regarding the modification of the term of the contract for the supply of goods in the event that the supplier is the manufacturer of the supplied goods. Such modification of the concluded contract is allowed within the current financial year upon notification of the supplier for a period of no more than ten working days.;

10) regarding changes in the terms of the contract due to the introduction of a state of emergency or quarantine restrictions. Such modification of the concluded contract is allowed within the current financial year upon notification of the supplier.;

11) in terms of changing the details (bank accounts) of the recipient of the money when the supplier enters into a financing agreement for the assignment of a monetary claim (factoring);

12) in order to ensure the uninterrupted operation of the customer in terms of extension for the period until the results of public procurement are announced by tender, auction and entry into force of the contract, but not more than two months, the contract is valid for daily or weekly needs according to the list approved by the authorized body. Such modification of the concluded contract is allowed in the amount not exceeding the volume of public procurement of such goods, works, and services necessary to meet the needs of the customer during the period of public procurement, but not more than two months.;

13) regarding changes in the source of financing, budget classification codes of budget expenditures (specifics) in the subjects of the contract (for government agencies, government agencies);

14) in terms of reducing the amount of the contract in connection with withholding (recovery) of penalties, fines, penalties;

15) in terms of changing the details (bank accounts) of the customer and (or) supplier;

16) regarding changes in the amount of the contract in connection with changes in tariffs (prices) approved by the state body responsible for managing the relevant areas of natural monopolies;

17) regarding the modification of the contract amount related to the registration of the supplier or the removal of the supplier from the registration for value added tax;

18) regarding changes in the deadlines for fulfilling obligations under contracts for the performance of works and services due to the supplier's inability to fulfill its obligations due to force majeure, including due to the customer's prohibition of using the place of work or conducting tests and (or) examinations not planned by the contract.

3. It is not allowed to introduce amendments to the draft contract or the concluded contract that may change the content of the terms of the conducted (conducted) public procurement, and (or) the proposal that was the basis for the selection of a supplier, for other reasons not provided for in paragraphs 1 and 2 of this Article.

4. Termination of the contract before its expiration is allowed.:

1) by the customer unilaterally in case the supplier refuses to fulfill its obligations under the concluded contract;

2) by the customer unilaterally in case of non-fulfillment or improper fulfillment by the supplier of its obligations under the contract;

3) the customer unilaterally in the event that the supplier attracts subcontractors for the performance of works (co-executors for the provision of services) who are not declared to participate in the tender, as well as in the case of the transfer of works (services) to the subcontractor for the performance of works (co-executor for the provision of services) in excess of the amount established by paragraph 8 of Article 17 of this Law;

4) in case of liquidation or bankruptcy of the customer or supplier, which is a legal entity, except for reorganization, or death of the supplier, which is an individual;

5) the customer unilaterally in the event that the supplier loses the legal capacity necessary for the fulfillment of its obligations under the contract, the death of the supplier (recognition by the court as missing or declared dead);

6) the customer unilaterally in the event of a violation of the restrictions provided for in Article 7 of this Law in respect of the purchase on the basis of which the contract was concluded.;

7) the customer unilaterally in case of detection of the provision by the organizer, the single organizer of assistance to the supplier in the implementation of public procurement, not provided for by this Law.;

8) by agreement of the parties, in case of inexpediency of further execution of the contract, with a detailed justification of the reasons for this inexpediency.;

9) the customer unilaterally in the event that the supplier fails to provide security for the performance of the contract (securing an advance payment, an anti-dumping amount) within the time limits provided for in the rules for public procurement, except in the case of the supplier fulfilling its obligations before the deadline for providing security for the performance of the contract expires;

10) according to a judicial act that has entered into legal force, the execution of which requires the termination of the contract.

The grounds for termination of the contract provided for in paragraphs 1), 2) and 3) of the first part of this paragraph are the right of the customer.

Termination of the contract on grounds not provided for in the first part of this paragraph is not allowed.

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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