Article 8. Registers formed in the field of public procurement of the Law on Public Procurement

Home / RLA / Article 8. Registers formed in the field of public procurement of the Law on Public Procurement

1. The authorized body forms and maintains the following registers in the field of public procurement (hereinafter referred to as registers):

Potential suppliers;

customers;

contracts;

unscrupulous participants in public procurement;

petition;

the work experience of potential suppliers.

Registers are formed and maintained in accordance with the procedure determined by the authorized body.

2. The Register of customers is a list of legal entities obligated to purchase goods, works, and services necessary for them to function, as well as perform government functions or statutory activities in accordance with this Law and the civil legislation of the Republic of Kazakhstan.

3. The register of contracts is a list of contracts concluded by customers in the relevant financial year, and contains information about the subject matter, quantitative and cost indicators of the contract, and the results of the parties' fulfillment of contractual obligations.

Information on contracts concluded based on the results of public procurement provided for in sub-paragraphs is not subject to inclusion in the register of contracts. 6), 12), 21), 22) and 24) paragraph 3 of Article 16 and Article 26 of this Law.

4. The register of unscrupulous participants in public procurement is a list of:

1) potential suppliers or suppliers who provided false information;

2) potential suppliers identified by the winners who evaded the conclusion of the contract;

3) suppliers who have not fulfilled their obligations under the contracts concluded with them;

4) suppliers who improperly fulfilled their obligations under the contracts concluded with them.

In the case specified in subparagraph 1) of part one of this paragraph, the organizer, the single organizer, the customer are obliged, no later than thirty calendar days from the day when they became aware of the fact that a potential supplier or supplier violated the legislation of the Republic of Kazakhstan on public procurement, to file a lawsuit with the court to recognize such a potential supplier or supplier as an unscrupulous participant. government procurement.

In the case specified in subparagraph 3) of the first part of this paragraph, the customer is obliged, no later than thirty calendar days from the date of termination of the contract or expiration of the contract, to file a lawsuit with the court for recognition of such supplier as an unscrupulous participant in public procurement.

In the case specified in subparagraph 4) of the first part of this paragraph, the customer is obliged, no later than thirty calendar days from the day when he became aware of the fact that the supplier violated the legislation of the Republic of Kazakhstan on public procurement and (or) the terms of the contract, to file a lawsuit with the court for recognition of such supplier as an unscrupulous participant in public procurement, except cases that collectively satisfy the following conditions:

1) payment of penalties (fines, penalties) by the supplier;

2) fulfillment of contractual obligations;

3) no damage caused to the customer.

5. The register of unscrupulous participants in public procurement provided for in subitems 1), 3) and 4) of the first part of paragraph 4 of this Article is formed on the basis of court decisions that have entered into legal force.

The register of unscrupulous participants in public procurement provided for in subparagraph 2) the first part of paragraph 4 of this article is formed by the authorized body on the basis of the customer's decision to recognize potential suppliers as unscrupulous participants in public procurement.

If a potential supplier or supplier is recognized as an unscrupulous participant in public procurement based on a court decision that has entered into force, the customer, no later than three working days after receiving such a court decision, applies to the authorized body via the web portal to include the potential supplier or supplier in the register of unscrupulous participants in public procurement in accordance with the procedure determined by the authorized body.

6. In the case provided for in the second part of paragraph 5 of this article, a potential supplier has the right to apply to the conciliation commission in accordance with the procedure determined by the authorized body with a request to be excluded from the register of unscrupulous participants in public procurement no later than ten working days from the day when he became aware of his inclusion in such a register.

The Conciliation Commission considers the application of a potential supplier who has evaded the conclusion of a contract and decides whether to exclude or refuse to exclude such a potential supplier from the register of unscrupulous participants in public procurement.

If a decision is made to exclude a potential supplier from the register of unscrupulous participants in public procurement, the customer applies to the authorized body.

The authorized body makes a decision to exclude a potential supplier from the register of unscrupulous participants in public procurement, taking into account the decision of the conciliation commission.

The conciliation commission must include representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan.

The model regulations and the procedure for the work of the conciliation commission are approved by the authorized body.

7. Potential suppliers and (or) suppliers included in the register of unscrupulous participants in public procurement on the grounds provided for in subparagraphs 1), 3) and 4) of paragraph one of paragraph 4 of this Article are not allowed to participate in public procurement within twenty-four months from the date of entry into force of the court's decision recognizing them as unscrupulous participants. government procurement.

Potential suppliers included in the register of unscrupulous participants in public procurement on the grounds provided for in subparagraph 2) Persons who are not allowed to participate in public procurement within twenty-four months from the date of the decision of the authorized body to recognize them as unfair participants in public procurement.

The information contained in the register of unscrupulous participants in public procurement shall be excluded from the said register no later than one business day from the date of expiry of the period established by parts one and two of this paragraph.

8. The grounds for excluding information about an unscrupulous participant in public procurement from the register of unscrupulous participants in public procurement are:

1) expiration of the time limits established by the first and second parts of paragraph 7 of this Article;

2) the existence of a judicial act that has entered into legal force to revoke the decision to recognize an unfair participant in public procurement;

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

9. The decision to include a potential supplier or supplier in the register of unscrupulous participants in public procurement may be appealed by him in accordance with the legislation of the Republic of Kazakhstan.

10. The information contained in the registers, 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, is posted on the web portal and must be publicly available without charge.

11. Potential suppliers and suppliers identified in the cases provided for in subparagraphs 1), 25) and 26) of paragraph 3 of Article 16 of this Law are not included in the register of unscrupulous participants in public procurement.

12. The Register of Complaints is a list of complaints from potential suppliers and suppliers submitted through the web portal, and contains information about the decisions taken based on the results of the complaints.

13. Registers of potential suppliers, as well as the work experience of potential suppliers, are electronic databases containing information about potential suppliers obtained from government and non-government information systems and generated on a web portal in accordance with 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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