LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2018 No. 202-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public procurements and purchases of subjects of the quasi-public sector

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10,;;; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; №22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; No. 10, Art. 32; No. 12, Art. 39; No. 14, Art. 42; No. 15, Art. 47, 50; No. 16, Art. 55; No. 19, Art. 62):

to add Item 2 of Article 157 with parts two, the third and fourth the following content:

"If according to the decision of the customer there was reasonable need of adjustment of the project (project and estimate) documentation approved in accordance with the established procedure, adjustment of the preproject documentation (in the presence) is not required.

Terms of financing of construction activities (works) shall correspond to the terms of performance of works specified in the design estimates approved in accordance with the established procedure.

At the same time if the supplier assumes obligation about performance of works, requiring the design estimates, at its sole cost and expense and receipt of payment after delivery of completion of works, unused means provided in the current year are transferred to the budget of the corresponding financial year. Use of these funds for other purposes is not allowed.".

2. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62):

Table of contents to add 1) with heading of Article 207-1 of the following content:

"Article 207-1. Violation of procurement procedure of goods, works, services of national managing holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company";

Article 207 to state 2) in the following edition:

"Article 207 Violation of the law of the Republic of Kazakhstan about public procurements

1. Violation of requirements of the legislation of the Republic of Kazakhstan on public procurements to the tender documentation (auction documentation) or in the placed information when implementing public procurements by method of request of price offers by establishment of any requirements to potential suppliers which are not measured quantitatively and (or) not administered or specifying on the characteristics determining accessory of acquired goods, works, services to certain potential suppliers, except as specified, stipulated by the legislation the Republic of Kazakhstan about public procurements

attracts penalty on officials in the amount of fifty monthly settlement indicators.

2. Not consideration or untimely consideration of notes to the draft of the tender documentation (auction documentation), requests about explanation of the provisions of the tender documentation (auction documentation) which arrived within preliminary discussion of the draft of the tender documentation (auction documentation), and is equal non-stationing or untimely placement on the web portal of public procurements of the protocol of preliminary discussion of the draft of the tender documentation (auction documentation) in the presence to them notes and requests on explanations, and also the text of the tender documentation (auction documentation), except as specified, stipulated by the legislation the Republic of Kazakhstan about public procurements,

attract penalty on officials in the amount of thirty monthly settlement indicators.

3. Refusal of implementation of public procurements in cases, not stipulated by the legislation the Republic of Kazakhstan about public procurements,

attracts penalty on officials in the amount of hundred monthly settlement indicators.

4. Sending an inquiry and other actions of tender committee (the auction commission) connected with amendment of the bid (auction) a missing documents, replacement of the documents submitted in the bid (auction), reduction to compliance in an inadequate way of the processed documents after the expiration of reduction of bids (auction) in compliance with qualification requirements and requirements of the tender documentation (auction documentation), stipulated by the legislation the Republic of Kazakhstan about public procurements

attract penalty on officials in the amount of hundred monthly settlement indicators.

5. Establishment in the tender documentation (auction documentation) to potential suppliers and (or) to the subcontractors (collaborators) of works or services of qualification requirements attracted by them, not stipulated by the legislation the Republic of Kazakhstan about public procurements,

attracts penalty on officials in the amount of fifty monthly settlement indicators.

6. Violation of requirements of the legislation of the Republic of Kazakhstan on public procurements regarding non-use of the criteria influencing the competitive price offer, and equally in their wrong calculation

attract penalty on officials in the amount of fifty monthly settlement indicators.

7. Recognition of the potential supplier and (or) the subcontractors (collaborators) of works or services attracted by it inappropriate to qualification requirements and (or) requirements of the tender documentation (auction documentation) for the bases, not stipulated by the legislation the Republic of Kazakhstan about public procurements,

attracts penalty on officials in the amount of hundred monthly settlement indicators.

8. Not separation when implementing public procurements of goods, works, services into lots by their homogeneous types and the place of their delivery (accomplishment, rendering), except as specified, stipulated by the legislation the Republic of Kazakhstan about public procurements,

attracts penalty on officials in the amount of ten monthly settlement indicators.

9. Preparation by commission of experts or expert of obviously false expert opinion based on whom the illegal decision is made by tender committee (the auction commission),

attracts penalty in the amount of fifty monthly settlement indicators.

10. Not address or the untimely appeal of the customer to court with the claim for recognition of potential suppliers or suppliers by unfair participants of public procurements in cases:

1) provisions by the potential supplier or supplier of unreliable information on the qualification requirements and (or) documents influencing the competitive price offer;

2) non-executions by the supplier of obligations under the agreement on public procurements signed with it;

3) improper execution by the supplier of obligations under the agreement on public procurements signed with it, except as specified, stipulated by the legislation the Republic of Kazakhstan about public procurements,

attracts penalty on officials in the amount of thirty monthly settlement indicators.

11. Implementation of public procurements by method from one source by the direct conclusion of the agreement on public procurements in cases, not stipulated by the legislation the Republic of Kazakhstan about public procurements, and is equal purchase of goods, the works, services which are not provided in the approved annual plan of public procurements (the preliminary annual plan of public procurements), except as specified, stipulated by the legislation the Republic of Kazakhstan about public procurements

attract penalty on officials in the amount of hundred monthly settlement indicators.

12. Not Instruction in protocols of the preliminary admission on participation in tender (auction), about results of public procurements by method of tender (auction) of the detailed description of reasons for rejection of the request of the potential supplier for participation in tender (auction), including the data and documents confirming its discrepancy to qualification requirements and requirements of the tender documentation (auction documentation)

attracts penalty on officials in the amount of ten monthly settlement indicators.

13. Non-stationing or untimely placement of the annual plan of public procurements (the preliminary annual plan of public procurements) or the made changes and (or) additions in the annual plan of public procurements (the preliminary annual plan of public procurements) on the web portal of public procurements, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) containing information of limited distribution, and is equal approval (refining) of the annual plan of public procurements in the amount which is not corresponding to the budget (development plan) or individual funding plan in total on specifics to economic classification (expenditure items) according to which the conclusions of agreements on public procurements are required

attract penalty on officials in the amount of fifteen monthly settlement indicators.

14. Untimely consideration of requests of potential suppliers for participation in tender (auction), and equally untimely placement of the protocol of the preliminary admission and (or) protocol of results

attract penalty on officials in the amount of thirty monthly settlement indicators.

15. The actions (failure to act) provided by parts one and the sixth this Article, made repeatedly within year after imposing of administrative punishment

attract penalty on officials in the amount of hundred monthly settlement indicators.

16. The actions (failure to act) provided by parts two, the tenth and thirteenth this Article, made repeatedly within year after imposing of administrative punishment

attract penalty on officials in the amount of sixty monthly settlement indicators.

17. The action provided by part nine of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty in the amount of hundred monthly settlement indicators.

18. The actions provided by parts three and the eleventh this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on officials in the amount of two hundred monthly settlement indicators.

Notes.

1. In this Article it is necessary to understand as officials:

1) in part one - the first head or the responsible secretary or other performing power of the responsible secretary of the official determined by the President of the Republic of Kazakhstan, the organizer of public procurements, the single organizer of the public procurements, the customer or persons fulfilling their duties, and (or) persons who are directly participating in development of the tender documentation (auction documentation);

2) in part two - the first heads of the organizer of public procurements, the single organizer of public procurements, the customer or persons fulfilling their duties, procedures of the organization and carrying out public procurements, responsible for implementation;

3) in parts three, the eighth, the tenth, eleventh and thirteenth - the first head or the responsible secretary or other performing power of the responsible secretary of the official determined by the President of the Republic of Kazakhstan, the customer or person fulfilling its duties;

4) in parts four and the fourteenth - the chairman of tender committee (the auction commission), and also members and the secretary of tender committee (the auction commission);

5) in part five - the first head or the responsible secretary or other performing power of the responsible secretary of the official determined by the President of the Republic of Kazakhstan, the customer or person fulfilling its duties, the first head of the single organizer of public procurements or person fulfilling its duties;

6) in parts six, the seventh and twelfth - the chairman of tender committee (the auction commission), and also members of tender committee (the auction commission).

2. The official is not subject to administrative prosecution, the provided this Article, in case of independent elimination of the violations revealed by results of cameral control, within ten working days from the date of, to object of control of the notification on elimination of the violations revealed by results of the cameral control following behind day of delivery.";

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