Article 66. Selection of the contractor of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

Home / RLA / Article 66. Selection of the contractor of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

1. The contractor may be selected by the customer (investor or his authorized person) to perform contract work not related to public procurement.:

1) without holding a competition, unless otherwise provided for this project (program) by the legislation of the Republic of Kazakhstan;

2) based on the results of a closed or open tender;

3) with or without preliminary qualification of applicants for participation in the tender.

2. The main participants in tenders for contract work are:

1) the organizer (organizer) of tenders in the person of the customer or his authorized person acting on the basis of the authority of the customer;

2) the competition jury (tender commission) is a permanent or temporary collegial working body of the organizer (organizer) of the competition (tender);

3) applicants - persons admitted to participate in the tender, who have officially applied to the organizer (organizer) with an application for their intention to participate in an open tender, as well as persons who have accepted an invitation to participate in a closed tender.

3. At the time of the decision to hold a tender for the selection of a contractor, as well as at the beginning of the implementation of the project (program), the customer must:

1) have the necessary sources of financing for construction or the right to dispose of the required amount during the time period required for the implementation of the project (program). This provision does not apply if the terms of the tender include a requirement for financing construction by the contractor.;

2) have the appropriate rights to the land plot (site or highway for construction) or the decision of the executive body on its provision.

4. If the terms of the tender (tender) at the contractor's choice determine that the preparation of investment justifications and the development of design (design and estimate) documentation are the responsibilities of the customer, then at the time of the tender (tender) for contract work, the customer must have investment justification and design (design and estimate) documentation approved in accordance with the established procedure, have passed the required mandatory comprehensive non-departmental expertise.

5. The place of organization and holding of an open tender (tender) at the contractor's choice is the territory of the Republic of Kazakhstan, unless otherwise provided for by international treaties ratified by the Republic of Kazakhstan.

6. The procedure and conditions of the tender (tender) are determined by the customer or on his behalf by the organizer (organizer) of the tender, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.

7. They are not allowed to participate in competitions (tenders).:

1) individuals and legal entities who are not allowed to conduct business in the territory of the Republic of Kazakhstan in accordance with the procedure established by law.;

2) legal entities declared bankrupt;

3) persons who are the organizers (organizers) of the competition (tender) or members of its jury (tender commission);

4) organizations that are not registered in accordance with the procedure established by law.

8. The customer or the organizer (organizer) of the competition (tender) and the jury (tender commission) the applicant has no right to require mandatory submission of information that is his trade secret.

9. The announcement of the conducted competition (tender) for contract work and the approval (recognition) by the customer of one of the participants as the winner (winners) are the basis for concluding a contract between them for the performance of contract work provided for in the terms of the competition.

10. The customer, the organizer (organizer) of the competition (tender) for contract work and the jury of the competition (tender commission) for non-fulfillment or improper fulfillment of their obligations are responsible in accordance with the legislative acts of the Republic of Kazakhstan.

11. Contract works that are not related to public procurement are performed on the basis of an agreement concluded between the customer (the investor of the project or program) and the contractor chosen by him (the general contractor).

The contract must specify the types and volumes of work (services) that the contractor (general contractor) intends to transfer to subcontractors for execution. At the same time, it is not allowed to subcontract in total more than two thirds of the cost of all contract work provided for in the contract (the contract price).

The maximum volumes of works (services) performed (rendered) within the framework of public procurement, which can be transferred to subcontractors (co-executors) to perform works or provide services, are determined in accordance with the legislation of the Republic of Kazakhstan on public procurement.

12. The obligations and responsibilities of the customer to the contractor and the contractor to the customer are established by the contract, unless otherwise provided by the legislation of the Republic of Kazakhstan.

13. The contract establishes a guarantee period for the sustainable operation of the construction site after its commissioning, which determines the financial responsibility of the contractor.

If the warranty period is not established by the contract, the norm provided for in the second part of paragraph 1 of Article 69 of this Law is applied.

The Law of the Republic of Kazakhstan dated July 16, 2001 No. 242.

This Law regulates the relations that arise between government agencies, individuals and legal entities in the process of carrying out architectural, urban planning and construction activities in the Republic of Kazakhstan, and is aimed at creating a full-fledged habitat and human activity, sustainable development of settlements and interuniverse territories.

President

Republic of Kazakhstan

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