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Unscrupulous bidders

The registry of unscrupulous suppliers is formed in accordance with Article 186-2 of the Law of the Republic of Kazakhstan “On State Property”.

Article 186-2 of the Law of the Republic of Kazakhstan "On State Property": Register of unscrupulous procurement participants

1. The register of unfair procurement participants is formed in the electronic procurement information system.

2. The registry of unfair procurement participants is a list of:

1) potential suppliers identified by winners who have evaded the conclusion of a procurement contract;

2) potential suppliers or suppliers who provided false information on qualification requirements and (or) documents affecting the competitive price offer;

3) suppliers who have not fulfilled or improperly fulfilled their obligations under procurement contracts concluded with them.

In the case referred to in subparagraph 1) of the first paragraph of paragraph 2 of Article 186-2, the customer must, within ten business days from the day the potential supplier evaded the conclusion of the contract, send information about such a potential supplier to the central procurement control service.

In the case specified in subparagraph 2) of the first paragraph of paragraph 2 of Article 186-2, the customer, the procurement organizer must, no later than thirty calendar days from the day they became aware of the violation, apply to the court for recognition of such a potential supplier or supplier unscrupulous procurement participant.

In the case referred to in subparagraph 3) of the first paragraph of paragraph 2 of Article 186-2, the customer must, no later than thirty calendar days from the day he became aware of the fact that the supplier violated the procurement rules, file a lawsuit in court declaring such supplier to be an unscrupulous participant procurements, with the exception of cases of payment by the supplier of a forfeit (fine, penalty) and full fulfillment of contractual obligations.

3. The register of unscrupulous procurement participants, provided for by subparagraph 1) of the first paragraph of paragraph 2 of Article 186-2, is formed on the basis of a decision by the centralized procurement control service.

The register of unscrupulous procurement participants, provided for by subparagraphs 2) and 3) of the first part of paragraph 2 of Article 186-2, is formed on the basis of a court decision that has entered into legal force.

4. Potential suppliers or suppliers included in the register of unscrupulous procurement participants on the basis provided for in subparagraph 1) of the first paragraph of paragraph 2 of Article 186-2 are not allowed to participate in procurement within twenty-four months from the date of the customer's decision to recognize them as unscrupulous procurement participants.

Potential suppliers or suppliers included in the register of unscrupulous procurement participants on the grounds provided for in subparagraphs 2) and 3) of the first paragraph of paragraph 2 of Article 186-2 are not allowed to participate in procurement within twenty-four months from the date the court decision on recognition of such suppliers as unfair bidders.

5. The decision to include a potential supplier or supplier in the register of unfair procurement participants may be appealed by them in accordance with the legislation of the Republic of Kazakhstan.

6. A potential supplier is not entitled to participate in the procurement if he or his subcontractor (co-contractor) is in the register of unscrupulous procurement participants and (or) in the register of unscrupulous participants in public procurement, and (or) in the list of unreliable potential suppliers (suppliers) of the National Welfare Fund and legal entities with fifty or more percent of voting shares (stakes in the authorized capital) of which the National Wealth Fund directly or indirectly owns.

7. Potential suppliers who are legal entities whose place of registration are the state or territory included in the list of countries with preferential taxation (offshore zones) approved by the authorized body that manages the provision of taxes and payments to the budget are not allowed to purchase goods, works, services )