The tender was fake!
A lawyer of RCE defended the interests of LLP "Tasymal" in court
At the end of last year, the director of LLP "Tasymal" Zhanat Zholdogutova addressed to the Chamber of entrepreneurs. Her company is engaged in transportation of passengers in Almaty region. The entrepreneur did not agree with the decision of the competition for the right to service routes for transportation of passengers and luggage. After hearing the arguments of a businesswoman and reading the documents, the lawyer of the Chamber Diaz Otashbaev offered to go to court.
The fact is that in August 2015 the Office of passenger transport and highways of Almaty region has announced a competition for lot #33 “Taldykorgan – bus station Sayakhat in Almaty". By the results of the tender LLP "Ak-Nar A" is recognized a winner. According to Zholdogutova, the precontest commission committed mistakes, namely additional surveys of vehicles of LLP "Ak-Nar A". In court, the representative of the office Lyazzat Karsybaeva also confirmed that during the tender, the evaluation committee made mistakes.
It turned out that on September 23, 2015, the precontest commission inspected the companies on compliance of the information provided about the vehicles in the application, which resulted in fact LLP "Zhelmaya” and "Ak-Nar A" did not meet all the requirements, and no violations were identified at LLP "Tasymal". But after the application of "Ak-Nar A" on the re-examination of the vehicles, the precontest commission conducted a re-examination of vehicles.
"However, the rules do not stipulate conduction of repeated or additional tests and examinations. The representative of the agency confirmed these circumstances. In addition, the Chairman of the Precontest Commission K. Kaniet and a member of the precontest commission A. Shalabayev also confirmed that there are no rules that stipulate conduction of second or additional tests, but due to the letter of LLP an inspection of 4 vehicles was carried. Thus, the court determined that the conduction of an additional survey of vehicles of LLP "Ak-Nar A" is not provided by the rules", - said the lawyer D. Otashbaev.
It also was found out in court that at the time of voting, only 2 members out of 4 participated in the competition committee. Despite this, the management has managed to carry out the tender.
In this regard, specialized inter-district economic court of Almaty region invalidated the results of the competition, the contract for the right to service routes of regular transport of passengers, and charged the Office of passenger transport and highways the state duty in the amount of 1061 tenge in favor of LLP "Tasymal".
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