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Atameken considering draft law on public procurement

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The Atameken National Chamber of Entrepreneurs of the Republic of Kazakhstan received the draft Law of the Republic of Kazakhstan "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Public Procurement" (hereinafter referred to as the Draft Law).

The draft law provides for:

1) Establishment of administrative responsibility of officials for improper admission of an application and failure to timely include suppliers recognized by the court as unscrupulous participants in procurement in the register of unscrupulous participants.

2) Introduction of a new method of procurement "tender with the use of framework agreements" for centralized procurement of simple, standard goods, works, and services to simplify public procurement procedures.

3) Introduction of an e-commerce store due to the development of e-commerce.

4) Establishment of an electronic repository of documents that have been verified as accurate.

5) Establishing restrictions related to the participation in public procurement of companies whose managers (founders) are held criminally liable for corruption, as well as establishing annual volumes (limits) of participation of potential suppliers in public procurement for small and medium businesses.

6) Creation of the Register of Customers and Potential Suppliers, which are entitled to conclude contracts on public procurement by the direct conclusion of contracts.

7) Establishment of dumping thresholds in public procurement to exclude cases of dumping prices (unreasonably low prices).

8) Reducing the duration of the public procurement process by allowing single-source public procurement for failed public procurement where there are no bids or only one bid has been submitted.

9) Raising the threshold values of procurement by way of a request for quotations from 4,000 times to 8,000 times the size of the MCI.

10) Reduction of purchases from one source by the direct conclusion of the contract by excluding purchases from one source of insignificant goods purchased within the framework of subparagraph 42) of paragraph 3 of Article 39 of the Law.

11) Establishing the payment for complaints by charging a fee for filing complaints.

We suggest that you to read the comparative table of amendments, and if you have suggestions and (or) comments, please send the information to the e-mail: ruslan.shokayev@atameken.kz or call us: 8 (71712) 270-453.

The text of the draft law can be found here.


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