Law No. 106-VIII ZRK “On public procurement”.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law primarily addresses the legal framework governing public procurement, emphasizing the objectives of ensuring effective management of public finances and aligning procurement activities with strategic state goals. It establishes principles such as optimal and effective expenditure, equal opportunity for suppliers, fair competition, transparency, and support for domestic sellers. The Act also recognizes the precedence of international treaties ratified by Kazakhstan over national law, situating its provisions within a broader legal and policy environment. Key measures include the development and approval of annual procurement plans based on budget allocations, with provisions for preliminary plans and amendments. The Law specifies procurement methods such as competition, auction, request for price proposals, and direct contracting, detailing conditions under which each method is applicable. Restrictions on participation, qualification requirements, and procedures for handling unsuccessful procurement attempts are explicitly outlined. The Act also mandates the maintenance of public procurement registers, including those for potential suppliers, contracts, and unscrupulous participants, with mechanisms for their updating and enforcement. Additionally, it prescribes anti-dumping measures, procedures for contract conclusion and amendments, and the roles of various authorities, including the authorized body responsible for web portal management. Implementation is structured around institutional responsibilities assigned to the government, the authorized authority, and the single operator, with specific timelines for plan approval, amendments, and notifications. Monitoring and compliance are enforced through state audit mechanisms, with provisions for appeals and dispute resolution. Secondary themes include procedural safeguards, such as the confidentiality of competitive proposals, the automatic rejection of non-compliant applications, and the procedures for recognizing unsuccessful procurement processes.
Attached files
Web site
Entry into force notes
This Law enters into force on 1 January 2025.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Закон Республики Казахстан от 1 июля 2024 года № 106-VIII ЗРК О государственных закупках.