Performer’s Confirmation

• Performer’s Confirmation
• Information Memo
• List of unconscientious suppliers of KPI Inc

DRAFT 

Appendix No.5

to the Agreement on the Purchase of Goods/Works/Services

Confirmation of the Contractor’s

familiarization with the Customer's information 

The Contractor hereby confirms it is aware of and understands Article 10 of the Law of the Republic of Kazakhstan dated July 8, 2021, No. 47-VII "On Procurement by Certain Entities in the Quasi-Public Sector" (hereinafter referred to as the Law) and understands that in the event of failure to fulfill or improper fulfillment of its obligations under the contract, the Customer will file a lawsuit to declare the Contractor as an unconscientious participant in the procurement process. Such an appeal to the court does not exempt the Contractor from paying fines/penalties/forfeits to the Customer.

The Contractor acknowledges and understands that if the court makes a decision satisfying the Customer's claims upon its entry into force, in accordance with Article 26 of the Procedure for the implementation of procurement by the Joint-Stock Company National Welfare Fund Samruk-Kazyna and legal entities, fifty or more percent of voting shares (participatory interests) of which are directly or indirectly owned by Samruk-Kazyna JSC on the basis of ownership or trust management (approved by the decision of the Board of Directors of Samruk-Kazyna JSC dated March 3, 2022 No. 193), the Contractor will be subject to inclusion in the List of unreliable potential suppliers of the Fund for a period of 24 (twenty-four) months.

The Contractor is familiar with the provisions of Article 7 of the Law, which states that if the Contractor is included in the List of Unreliable Potential Suppliers of the Fund, the Contractor will not have the right to participate in the Fund's procurement either independently or as a member of a consortium or a subcontractor.

The Contractor also confirms that it has read the information posted on the Customer's website (link __________________________) regarding unscrupulous companies that collaborated with the Customer, which, at the initiative of the Customer, were included in the List of Unreliable Potential Suppliers of the Fund on the basis of court decisions that have entered into force.