Draft Law of The Republic of Kazakhstan «Concerning state procurement» (20.07.2006)

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Draft Law of The Republic of Kazakhstan
«Concerning state procurement»

The present Law shall regulate relationships arising between entities in the state procurement system in the course of their carrying out activities in the state procurement sphere.

CHAPTER 1. GENERAL PROVISIONS

Article 1. The Fundamental Definitions Used in this Law

1) affiliated persons of state enterprises, legal entities in which fifty or more shares (interest) are owned by the state - are legal entities, in which fifty or more shares (interest) is owned by the legal entities and fifty or more shares (interest) is owned by the state;

2) an affiliated person of a potential supplier - is any individual or legal entity, which is entitled, directly and/or indirectly, take decisions and/or influence decisions taken by this potential customer, including decisions under contract or other transaction, as well as any individual, or legal entity in respect of which this potential supplier has such right ;

3) State Procurement Bulletin - is a periodical print publishing information about forthcoming and held state procurements (the “Bulletin”). The right to publish the Bulletin is provided in accordance with the procedure established by the Authorized body;

4) state procurements - are actions of customers and potential suppliers in order to enter into contracts of state procurement of goods, works, services, carried out in accordance with the Law and other normative legal acts of the Republic of Kazakhstan;

5) activities in the state procurement area - are planning of goods, works, services nomenclature, development of an annual state procurement plan, organization and performance of state procurements, provision of services to train and/or raise the level of skills of specialists in the state procurement area, advisory, marketing services to subjects of the state procurement system, execution of functions to regulate and exercise supervision in the state procurement area by the Authorized body;

6) a contract on state procurement - civil and legal contract signed between a customer and a supplier in accordance with this Law and other normative legal acts of the Republic of Kazakhstan;