Article 6. Public procurement process of the Law On Public Procurement

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1. The public procurement process includes:

1) Public procurement planning;

2) selection of a supplier and conclusion of a contract with him;

3) execution of the contract.

2. Based on the relevant budget (development plan), allocated money from a Special State Fund in accordance with the legislation of the Republic of Kazakhstan, or an individual financing plan, the customer develops and approves an annual public procurement plan in accordance with the procedure and form defined by the rules for public procurement.

Based on a positive proposal from the relevant budget commission, the customer has the right to develop and approve a preliminary annual public procurement plan before approving (clarifying) the relevant budget.

Customers who are state-owned enterprises or legal entities with more than fifty percent of the voting shares (stakes in the authorized capital) owned by the state have the right to develop and approve a preliminary annual public procurement plan before approving a development plan or an individual financing plan.

In these cases, a preliminary annual public procurement plan is developed and approved separately, both at the pre-approval and pre-refinement stages of the relevant budget (development plan) or individual financing plan.

The preliminary annual public procurement plan is valid until the approval (clarification) of the annual public procurement plan.

Information on public procurement provided for in the preliminary annual public procurement plan is transferred to the annual public procurement plan.

The annual public procurement plan is approved (clarified) by the customer within ten working days from the date of approval (clarification) of the relevant budget (development plan) or individual financing plan.

Information on public procurement carried out in accordance with the sub-paragraphs is not subject to inclusion in the annual public procurement plan (preliminary annual public procurement plan). 3), 6), 21), 22), 23) and 24) paragraph 3 of Article 16 of this Law.

3. When drawing up the annual public procurement plan (preliminary annual public procurement plan), the customer is obliged to divide the goods, works, and services into lots according to their homogeneous types and the place of their delivery (execution, provision).

4. It is not allowed to approve (clarify) the annual public procurement plan in an amount that does not correspond to the budget (development plan), allocated money from a Special state Fund in accordance with the legislation of the Republic of Kazakhstan or an individual financing plan, collectively according to the specifics of the economic classification (expenditure items) for which contracts are required.

5. The customer, within five working days from the date of approval of the annual public procurement plan (preliminary annual public procurement plan), is obliged to post it on the web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of limited distribution determined by the Government of the Republic of Kazakhstan.

6. Customers have the right to make changes and (or) additions to the annual public procurement plan no more than twice a month, except in cases stipulated by the rules of public procurement.

7. The customer, within five working days from the date of making a decision on amendments and (or) additions to the annual public procurement plan (preliminary annual public procurement plan), is obliged to post the amendments and (or) additions on the web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of limited distribution, determined by the Government of the Republic of Kazakhstan.

8. It is not allowed to purchase goods, works, or services that are not provided for in the approved (clarified) annual public procurement plan (preliminary annual public procurement plan), except for the purchase of goods, works, and services in accordance with the sub-paragraphs 3), 6), 21), 22), 23) and 24) paragraph 3 of article 16 this Law.

9. When conducting public procurement through a tender or auction, a single operator ensures the confidentiality of competitive price proposals (starting prices) of potential suppliers until the results of public procurement are summarized, taking into account the requirements of paragraph 5 of Article 15 of this Law.

10. Before summarizing the results of public procurement, the customer has the right to refuse to carry out public procurement in the following cases::

1) reduction of expenses for the purchase of goods, works, and services provided for in the approved (revised) annual public procurement plan (preliminary annual public procurement plan), which occurred during the clarification (adjustment) of the relevant budget, draft budget in accordance with the legislation of the Republic of Kazakhstan;

2) making amendments and additions to the strategic plan of the state body, the budget (development plan) or the individual financing plan of the customer, eliminating the need to purchase goods, works, and services provided for in the approved (updated) annual public procurement plan (preliminary annual public procurement plan), in accordance with the legislation of the Republic of Kazakhstan.

In the case provided for in subparagraph 2) of the first part of this paragraph, the redistribution of the budget (money according to the development plan), allocated money from a Special state Fund in accordance with the legislation of the Republic of Kazakhstan or money according to an individual financing plan to another customer, as well as amendments and additions to the annual public procurement plan (preliminary annual public procurement plan) aimed at the purchase of such goods, works and services are not allowed in the current year.

11. The customer or the organizer, within five working days from the date of making the decision specified in paragraph 10 of this article, is obliged to notify the persons involved in public procurement about the decision.

12. The public procurement process, the procedure for determining the organizer, the single organizer, the persons responsible for public procurement, as well as other conditions are carried out in accordance with the procedure established by this Law and the rules for public procurement.

13. Centralized public procurement is carried out by unified organizers according to the list(s) of goods, works, and services approved by the authorized body in accordance with the procedure established by the rules for public procurement.

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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