Since 1 January 2025 a new Law "On Public Procurement" dated 1 July 2024 No. 106-VIII has been in force in Kazakhstan. It regulates the planning, selection of suppliers, conclusion and performance of contracts, and the control and liability of procurement participants.
Which law is in force now
The Law of the Republic of Kazakhstan "On Public Procurement" currently in force was adopted on 1 July 2024 under No. 106-VIII and took effect on 1 January 2025. At the same time the Law of 4 December 2015 was repealed. Because the provisions are regularly supplemented and amended, the date of the version must be checked before preparing a procurement, a bid, a complaint or a contract.
Official current version: Law of the Republic of Kazakhstan "On Public Procurement" in the Adilet legal information system.
Purpose and key principles
The public procurement system must ensure efficient spending of funds and the acquisition of quality goods, works and services. The law establishes the principles of optimal and efficient spending, equal opportunities for potential suppliers, fair competition, openness and transparency, support for domestic producers, and accountability of participants.
Even if a procurement is conducted by a simplified method or from a single source, the customer must act within the established principles and document the reasons for its decision. The person who decided to conclude a contract directly bears personal responsibility for compliance with the applicable principles.
Who takes part in public procurement
- The customer determines the need, plans the procurement and accepts the result of contract performance.
- The organizer carries out the procurement procedures and publishes the information required.
- The Sole Operator ensures the operation of the information system and electronic services.
- The potential supplier seeks to conclude the contract and confirms that it meets the requirements.
- The supplier performs the concluded contract and is responsible for quality, deadlines and documents.
- The authorized and supervisory bodies shape policy, conduct audits and take measures within their competence.
Main stages of procurement
1. Planning
The customer determines the subject, volume, timing, source of funding and method of procurement.
2. Documentation
The technical specification, qualification requirements and draft contract are prepared.
3. Supplier selection
Bids are accepted and evaluated through the electronic system under the established procedure.
4. Performance
The parties sign the contract, provide security where necessary and document the results.
Procurement methods
The law provides for several procurement methods, whose applicability depends on the subject, the amount and special grounds. They include a tender, an auction, a request for price quotations, procurement through the electronic shop, procurement from a single source, as well as other procedures provided by law.
The choice of method cannot be replaced by the customer's convenience. A specific lawful ground must exist for concluding a contract directly. Artificially splitting the volume or distorting the subject of the procurement creates legal risks and may become grounds for supervision and liability.
What has changed since 2025
- the structure and logic of procurement regulation have been updated;
- certain procedural deadlines have been shortened;
- greater emphasis has been placed on the quality of goods, works and services acquired;
- automation and the use of electronic data have been expanded;
- the rules for reviewing complaints have been updated;
- measures supporting domestic producers have been strengthened;
- the Unified Procurement Platform, combining the public and quasi-public segments, is being developed.
Specific deadlines and procedures are contained not only in the Law but also in the Rules for Conducting Public Procurement and the web portal settings. Therefore a single article or an old file is not enough to prepare a procedure.
Requirements for the supplier
A potential supplier must have legal capacity, be free of the restrictions established by law and confirm that it meets the qualification requirements where they apply. Documents and electronic information must be accurate. Affiliation of participants, conflicts of interest, inaccurate information and presence in registers may affect admission.
Before submitting a bid, it is recommended to check:
- registration details and the signatory's authority;
- licences and permits, if the activity is licensed;
- experience, material and labour resources, where the documentation provides for them;
- bid security and payment details;
- compliance with the technical specification without ambiguous reservations;
- tax status and the absence of restrictions on participation;
- the validity period of the electronic digital signature.
The contract and its performance
A public procurement contract is concluded in electronic form, except in cases expressly provided for by legislation. The essential terms must correspond to the outcome of the procurement. The price, volume, deadlines or other terms may be changed only on the grounds established by law.
It is important for the supplier to provide the performance security and advance payment security, if required, in good time, to meet delivery deadlines and to draw up acts correctly. The customer, in turn, is obliged to accept proper performance and make payment in the established manner.
Complaints, supervision and liability
A participant has the right to appeal actions and decisions in the manner and within the time limits established by the rules in force. The new model provides for the review of certain complaints by the procurement organizer. Missing a deadline or vague arguments can reduce the effectiveness of a defence, so you should immediately save the minutes, documentation and system notifications.
A violation of public procurement legislation entails liability under the laws of the Republic of Kazakhstan. Depending on the circumstances, cancellation of results, audit measures, inclusion in the register of unfair participants, and administrative, civil-law or other liability are possible.
A practical verification checklist
- Open the current version of the Law in Adilet.
- Check the current Rules and the date of their version.
- Cross-check the documentation against the information on the portal.
- Check deadlines against the portal's system time.
- Save electronic documents and minutes.
Archive file
The original publication contained the file of the previous Law. It is kept for historical purposes and for comparing versions, but must not be used as the current legal basis:
Download the archive version: zakon-o-gosudarstvennyh-zakupkah-rk.doc [800 Kb] (downloads: 728)
Conclusion
To take part in public procurement in Kazakhstan, it is not enough to download a once-saved text of the law. You need to check at the same time the current version of Law No. 106-VIII, the Rules, the documentation of the specific procurement and the information on the electronic platform. This approach reduces the risk of bid rejection, missed deadlines and disputes during contract performance.
This material is for information purposes only and is not a legal opinion. Legislation and subordinate rules may change; before acting, consult the official control version.