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Home / Laws / Article 6-2. Register of unscrupulous participants in the procurement of goods, works and services for the implementation of NPP projects of the Law on the Use of Atomic Energy

Article 6-2. Register of unscrupulous participants in the procurement of goods, works and services for the implementation of NPP projects of the Law on the Use of Atomic Energy

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 6-2. Register of unscrupulous participants in the procurement of goods, works and services for the implementation of NPP projects of the Law on the Use of Atomic Energy

     1. The register of unscrupulous participants in the procurement of goods, works and services for the implementation of NPP projects (hereinafter referred to as the register of unscrupulous participants) is formed by the authorized body.

     2. The register of unscrupulous participants is a list of potential suppliers or suppliers of goods, works and services included in it on the basis of:

     1) providing false information during the procurement process;

     2) avoidance or refusal of a potential supplier, recognized as the winner of the procurement, from concluding a procurement contract;

     3) failure to ensure the execution of the procurement contract within the time limits set by the contract for purchases conducted by tender, except in cases of full and proper fulfillment by the supplier of its obligations under the procurement contract in terms of the supply of goods, provision of services, performance of work, before the expiration of the deadline for providing security for the execution of the contract;

     4) the existence of a court decision (resolution) that has entered into legal force, which established the fact of non-fulfillment or improper fulfillment of the procurement contract.

     3. The register of unscrupulous participants is formed on the basis of:

     1) decisions of the authorized body in the cases provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this Article;

     2) a court decision (resolution) that has entered into legal force in the case provided for in subparagraph 4) paragraph 2 of this article.

     4. Potential suppliers included in the register of unscrupulous participants on the grounds provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this article are not allowed to participate in procurement within twenty-four months from the date of the decision to recognize them as unscrupulous procurement participants.

     Potential suppliers or suppliers included in the register of unscrupulous participants on the grounds provided for in subparagraph 4) According to paragraph 2 of this article, they are not allowed to participate in procurement within twenty-four months from the date of entry into force of a court decision (resolution) recognizing such potential suppliers or suppliers as unfair procurement participants.

     5. Potential suppliers and (or) suppliers included in the register of unscrupulous participants in public procurement, the register of unscrupulous participants in the procurement of certain quasi-public sector entities, or the list of unreliable suppliers (suppliers) of the National Welfare Fund are not allowed to participate in the procurement of the National Operator of nuclear Power plants.

     6. The grounds for exclusion from the register of unscrupulous participants are:

     1) expiration of the time limits established by paragraph 4 of this Article;

     2) the existence of a judicial act that has entered into legal force to reverse the decision to recognize a potential supplier or supplier as an unscrupulous participant in the procurement;

     3) the decision of the authorized body taken following the results of consideration by the conciliation commission of the potential supplier's request to exclude it from the register of unscrupulous participants.

     The regulations and working procedure of the conciliation commission are approved by the authorized body.

     7. The decision to include a potential supplier or supplier in the register of unscrupulous participants may be appealed in accordance with the legislation of the Republic of Kazakhstan.

 

 

The Law of the Republic of Kazakhstan dated January 12, 2016 No. 442-V SAM.  

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 8, 2026, No. 340-VIII SAM 

This Law defines the legal basis and principles for regulating public relations in the field of the use of atomic energy in order to protect human life and health, their property, and environmental protection, and is aimed at ensuring the regime of non-proliferation of nuclear weapons, nuclear, radiation, and nuclear physical safety in the use of atomic energy. 

President    

Republic of Kazakhstan     

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