Kyzylorda businessmen were informed about innovations in the law on public procurement
One of the most popular types of services among entrepreneurs of Kyzylorda is the area of public procurement. In just 15 days, more than 50 businessmen addressed for the services to the Chamber. In connection with this RCE conducted explanatory work of the Law "On public procurement" in the new edition, which entered into force on 1st of January 2016.
It was noted that businessmen are concerned about violations of the technical specifications in public procurement.
"Entrepreneurs often encounter difficulties of the technical specifications in public procurement, that is, there were cases when a customer's requirements point to a particular supplier. Under the new law, there was introduced an institute of preliminary discussion of the technical specifications. This allows potential suppliers to study the technical specification in advance, if necessary, to challenge the "impossible" conditions of the tender documentation", - said the adviser of the Chamber Gaziz Bisembayev.
It also includes the provisions that provide access to potential suppliers, who submitted an application for participation in public procurement. If to be more precise, the participants can view the applications and documents of other potential suppliers. This will assess the validity of decisions taken by the customer.
The customer is obliged to provide full information to potential suppliers, the applications of which for participation in the tender have been rejected, detailing the reasons for their rejection, including specifying the information and documents proving their non-conformity with qualifying requirements and the requirements of the tender documentation. In the case of non-compliance as provided for in Article 207 of the Code of the Republic of Kazakhstan "On Administrative Offences", officials bear administrative responsibility.
Another positive news for entrepreneurs is the introduction of a competition with application of preliminary selection. Thus, the procurements by the method of preliminary selection will be carried out in two stages: the first - the National Chamber of Entrepreneurs and other non-profit organizations will form a register of qualified suppliers, the second - the customers will make purchases among potential suppliers included in the register. The competition is held on the basis of the requirements for conduction of the procedures. This rule is effective from 1st of April 2016.
The new law provides for liability of entrepreneurs. Under the new law, in case of refusal to sign the agreement, potential suppliers will be automatically included in the register of a web portal on the day of refusal. For example, in the event that the winner does not sign a contract using electronic signature (digital signature) within 3 working days, on the fourth day, he will be included in the register of unfair participants of public procurement.
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