About public procurement
Chapter 1. GENERAL PROVISIONS
Article 1. Scope of this Law

This Law applies to relations related to the purchase of goods, works, and services necessary to ensure the functioning, as well as the performance of government functions or statutory activities of the customer, with the exception of:

1) services purchased from individuals under employment contracts;

2) services purchased from individuals who are not business entities under contracts for the provision of paid services;

3) services related to travel expenses;

4) state assignment;

5) making contributions (contributions), including to the authorized capital of legal entities, as well as implementing budget investments aimed at financing investment costs of autonomous educational organizations;

6) goods, works, and services purchased by national management holdings, national holdings, national management companies, national companies and legal entities affiliated with them, legal entities with fifty or more percent of voting shares (stakes in the authorized capital) owned by the state, socio-entrepreneurial corporations, the National Bank of the Republic of Kazakhstan, its departments, organizations that are part of the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty or more percent of the voting shares (stakes in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, as well as the authorized body for regulation, control and supervision of the financial market and financial organizations;

7) military goods (products), dual-use goods (products), military works and military services included in the state defense order, with the exception of cases provided for by the Law of the Republic of Kazakhstan "On the Defense Industry and the State Defense Order";

IZPI's note!
Subparagraph 8) is amended by the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (effective sixty calendar days after the date of its first official publication).
8) goods, works, and services purchased by an organization specializing in improving the quality of second-tier banks' loan portfolios to carry out the types of activities provided for in paragraph 2 of Article 5-1 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan";

9) goods, works, and services purchased as part of investment projects funded by international organizations of which the Republic of Kazakhstan is a member. The purchase of goods, works, and services within the framework of investment projects fully or partially financed by other foreign banks is carried out according to the rules of these banks, subject to the following conditions::

A foreign bank has a long-term foreign currency credit rating of at least "A-" from Standard & Poor's or a rating of a similar level from one of the other rating agencies.;

more than fifty percent of the financing is provided by foreign banks;

The implementation of the investment project is carried out by state-owned enterprises, legal entities, fifty percent or more of the voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them.;

The implementation of the investment project does not require a state guarantee and does not entail encumbrances on the borrower's property.;

10) goods, works, and services purchased by research institutes and organizations of higher and (or) postgraduate education necessary for the performance of scientific research and scientific work carried out at the expense of budgetary funds in accordance with the procedure determined by the authorized body in the field of science in coordination with the authorized body in the field of public procurement;

11) payment of current, funded, targeted contributions and current contributions for the maintenance of parking spaces, storerooms in accordance with the Law of the Republic of Kazakhstan "On Housing Relations".

The footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan on 12/30/2024 No. 149-VIII (effective from 12/31/2024); dated 03/15/2025 No. 172-VIII (effective from 01/01/2025); dated 06/24/2025 No. 196-VIII (effective sixty calendar days after the date of its first official publication); dated 07/15/2025 No. 207-VIII (effective sixty calendar days after the date of its first official publication).
Article 2. Purpose and purpose of this Law

1. The purpose of this Law is to ensure the achievement of strategic goals of public administration, tasks and functions of the state in accordance with the state policy in the field of public procurement.

2. The objective of this Law is to create a legal framework for public procurement entities to effectively manage public finances and the budget through the principles of public procurement provided for by this Law.

Article 3. Basic concepts used in this Law

The following basic concepts are used in this Law:

1) false information – false information contained in the application for participation in a tender, auction and supporting documents of a potential supplier and (or) an engaged subcontractor (co-executor) on qualification requirements and (or) documents affecting the competitive price offer, as well as corrections made that distort the actual content and do not correspond to reality and the supporting documents of the potential supplier in the submitted application;

2) auction documentation – documentation submitted to a potential supplier for the preparation of an application for participation in an auction, which contains the requirements for an application for participation in an auction, the conditions and procedure for conducting public procurement by auction;

3) potential supplier – an individual engaged in entrepreneurial activity, a legal entity (with the exception of government agencies, unless otherwise established by the laws of the Republic of Kazakhstan), a temporary association of legal entities (consortium) applying to conclude a public procurement contract, as well as an individual who is not a business entity, in the cases provided for by the legislation of the Republic of Kazakhstan. by this Law;

4) an affiliated person of a potential supplier is any natural or legal person who has the right to determine decisions and (or) influence decisions made by this potential supplier, including by virtue of a written transaction, as well as any natural or legal person in respect of whom this potential supplier has such a right.;

5) starting price – the price offered by a potential supplier before the auction, attached to the application for participation in the auction, which cannot be lower than the allocated amount of the auction item by more than five percent.;

6) homogeneous goods, works, and services – goods, works, and services that, while not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions.;

7) the unified procurement platform (hereinafter referred to as the web portal) is an information system of the authorized body in the field of public procurement that provides a single access point to electronic services for public procurement and procurement carried out in accordance with the Law of the Republic of Kazakhstan "On Procurement of Certain Entities of the Quasi-Public Sector";

8) works – activities having a material result, as well as other activities classified as works in accordance with the laws of the Republic of Kazakhstan;

9) the conciliation commission is a permanent collegial body created by the customer to consider applications from potential suppliers included in the register of unscrupulous participants in public procurement due to evasion from concluding a public procurement contract.;

10) competitive price offer – the price offered by a potential supplier for participation in public procurement through a tender, attached to the application for participation in the tender;

11) tender documentation – documentation submitted to a potential supplier for the preparation of an application for participation in a tender, which contains the requirements for an application for participation in a tender, the conditions and procedure for conducting public procurement through a tender;

12) services – activities aimed at meeting the needs of the customer, which have no tangible result.;

13) residents of the Republic of Kazakhstan – citizens of the Republic of Kazakhstan, including those temporarily staying abroad or serving in public service outside of it, with the exception of citizens who have a document for the right of permanent residence in a foreign country issued in accordance with the legislation of that state.;

foreigners and stateless persons who have a document for the right of permanent residence in the territory of the Republic of Kazakhstan;

legal entities established in accordance with the legislation of the Republic of Kazakhstan, with their location on its territory, as well as their branches and representative offices located in the Republic of Kazakhstan and abroad;

diplomatic, trade and other official representations of the Republic of Kazakhstan located outside its borders;

14) public procurement – the purchase by customers of goods, works, and services in whole or in part from budgetary funds, allocated money from a Special state Fund in accordance with the legislation of the Republic of Kazakhstan, and (or) their own income;


Made on
Tilda