Article 41. Implementation of public procurement using a single-source method by directly concluding a public procurement contract Law on Public Procurement - Excluded by the Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII SAM.

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Article 41. Implementation of public procurement using a single-source method by directly concluding a public procurement contract Law on Public Procurement - Excluded by the Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII SAM.

1. Public procurement of goods, works, and services using a single source method by directly concluding a public procurement contract on the grounds provided for in paragraph 3 of Article 39 of this Law shall be carried out in exceptional cases when it is impossible to purchase such goods, works, and services by other means specified in subparagraphs 1), 2), 3), 5) and 6) of paragraph 1 of Article 13 of this Law.

2. If a decision is made to carry out public procurement using a single source method by directly concluding a public procurement contract, the customer determines the supplier and concludes a public procurement contract with him through the public procurement web portal.

3. The customer, no later than ten working days from the date of conclusion of the public procurement contract, is obliged to post on the public procurement web portal a report on public procurement from a single source by directly concluding a public procurement contract in accordance with the form defined by the rules for public procurement.

The report should contain the following:

1) information about the official who made the decision to conclude a public procurement contract using a single-source method by directly concluding a public procurement contract;

2) substantiation of the reasons for the impossibility of carrying out public procurement by other means specified in the sub-paragraphs 1), 2), 3), 5) and 6) paragraph 1 of Article 13 of this Law;

3) justification of the supplier's choice;

4) justification of the price of the concluded public procurement contract, as well as other terms of the public procurement contract.

4. The decision to carry out public procurement using a single source method by directly concluding a public procurement 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.

5. Public procurement by a single-source method through the direct conclusion of a public procurement contract shall be carried out in compliance with the principle of public procurement provided for in subparagraph 1) of Article 4 of this Law.

A person who has made a decision to carry out public procurement using a single source method by directly concluding a public procurement contract is personally responsible for compliance with the principles of public procurement provided for in subparagraph 1) of Article 4 of this Law.

6. The requirement of paragraph 1 of this article does not apply to public procurement in a single-source manner by directly concluding a public procurement contract, information about which constitutes state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) contains official information of limited distribution determined by the Government of the Republic of Kazakhstan, as well as to public procurement of financial services in accordance with the legislation of the Republic of Kazakhstan on state secrets. parts of professional liability insurance for medical workers and public procurement, carried out on the basis of sub-paragraphs 4), 9), 17), 18), 20), 21), 23), 26), 31), 32), 35), 40), 41) and 46) of paragraph 3 of Article 39 of this Law.

7. The requirements of paragraphs 2 and 3 of this article do not apply to public procurement in a single-source manner by directly concluding a public procurement contract, information about which constitutes state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) contains official information of limited distribution determined by the Government of the Republic of Kazakhstan, as well as to public procurement, carried out on the basis of sub-paragraphs 4), 9), 18), 23), 31), 32) and 35) of paragraph 3 of Article 39 of this Law.

The footnote. Article 41 – as amended by the Law of the Republic of Kazakhstan dated 11/15/2021 No. 72-VII (effective from 01.01.2022); as amended by the Laws of the Republic of Kazakhstan dated 12/30/2022 No. 177-VII (effective after ten calendar days after the date of its first official publication); dated 04/19/2023 No. 223-VII (effective ten calendar days after the date of its first official publication); dated 04/19/2024 No. 74-VIII (effective six months after the date of its first official publication).

The Law of the Republic of Kazakhstan dated December 4, 2015 No. 434-V SAM.

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