Article 207-1. Violation of the procedure for procurement of goods, works, and services of national management holdings, national holdings, national companies, and organizations, fifty percent or more of the voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the national management holding, national holding, or national company of the Code of Administrative Offenses of the Republic of Kazakhstan

Home / RLA / Article 207-1. Violation of the procedure for procurement of goods, works, and services of national management holdings, national holdings, national companies, and organizations, fifty percent or more of the voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the national management holding, national holding, or national company of the Code of Administrative Offenses of the Republic of Kazakhstan

Article 207-1. Violation of the procedure for procurement of goods, works, and services of national management holdings, national holdings, national companies, and organizations, fifty percent or more of the voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the national management holding, national holding, or national company of the Code of Administrative Offenses of the Republic of Kazakhstan

1. Establishment in the tender documentation (auction documentation) of qualification requirements for potential suppliers that are not provided for by the procurement procedure, or indication in the tender documentation (auction documentation) or in the posted information when making purchases by requesting price offers for characteristics that determine the affiliation of the purchased goods, works, and services to individual potential suppliers, except for the cases provided for by the procurement procedure, –

entails a fine for officials in the amount of fifty monthly calculation indices.

2. Refusal to make purchases in cases not provided for by the procurement procedure, –

entails a fine for officials in the amount of fifty monthly calculation indices.

3. Recognition of a potential supplier and (or) subcontractors (co-executors) of works or services attracted by him as non-compliant with qualification requirements and (or) requirements of tender documentation (auction documentation) on grounds not provided for by the procurement procedure, –

entails a fine for officials in the amount of fifty monthly calculation indices.

4. Non-division in the procurement of goods, works, and services into lots according to their homogeneous types and the place of their delivery (execution, rendering), except in cases stipulated by the procurement procedure, –

entails a fine for officials in the amount of ten monthly calculation indices.

5. Preparation by the expert commission on procurement or by the expert on procurement of a deliberately false expert opinion, on the basis of which an illegal decision was made by the tender commission (auction commission), –

entails a fine in the amount of fifty monthly calculation indices.

6. Making purchases using a single-source method by directly concluding a procurement contract in cases not provided for by the procurement procedure, –

entails a fine for officials in the amount of fifty monthly calculation indices.

Notes.

1. The procurement procedure in this article should be understood as the procurement rules provided for by the Law of the Republic of Kazakhstan "On Procurement of Certain Entities of the Quasi-public Sector", or the procurement procedure provided for by the Law of the Republic of Kazakhstan "On the National Welfare Fund".

2. Officials in this article should be understood as:

1) in the first part – the first managers of the procurement organizer, the customer or persons performing their duties, and (or) persons directly involved in the development of tender documentation (auction documentation);

2) in parts two, four and six, the first managers of the procurement organizer, the customer or persons performing their duties responsible for the implementation of procurement procedures;

3) in part three, the chairman of the tender commission (auction commission) and his deputy, as well as members of the tender commission (auction commission) established by the organizer of procurement of goods, works and services by national management holdings, national holdings, national companies and organizations, fifty percent or more of the voting shares (participation shares in the authorized capital) which are directly or indirectly owned by a national management holding company, a national holding company, or a national company.

3. An official shall not be subject to administrative responsibility provided for in this article in the event of independent elimination of violations identified by the results of control conducted by the National Welfare Fund, the centralized procurement control service, within ten working days from the day following the day of delivery to the control object of the notification of elimination of violations identified by the results of control conducted by the National Welfare Fund, a centralized procurement control service.

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