The Chamber of entrepreneurs defended the interests of local companies, which were not allowed to participate in public procurement

As we reported, LLP “CONDOR KZ” and a number of companies were not allowed to participate in public procurement, addressed to the Chamber of entrepreneurs for protection of their rights.

LLP has filed a request for lot "The reconstruction of an apartment building", organized by the management of the construction, public transport and roads of akimat of Zhambyl region. But the application of the company, as well as the ones of other four were dismissed and disqualified, after which only one company was left with the highest price for their services. The reason for non-admission of the company in the competition: the failure to provide information about the availability of work experience in this field. In this case the organizer did not list work experience in qualifications requirements of the tender documentation, therefore, very remark was wrong.

"The mobile group for protection of the rights of entrepreneurs initiated the review of the lawfulness of the competition, in the results of which the Department of internal state audit of the Zhambyl region found a violation of the clause150 of public procurement rules and sent to the organizer a notice to correct violations, - says Deputy Director of Legal Department of the Chamber of Entrepreneurs of Zhambyl region Kairat Sydykov. – As for the breach of public procurement, the organizer expressed its objection to the superior body - Internal Audit Committee of State Ministry of Finance".

The objection sates that the secretary made an omission, without specifying the requirement of the need for work experience in the tender documentation, and due to the large volume of purchases the responsible officer, who approved the tender documentation, did not pay attention to it, and that these violations do not affect the outcome of public procurement and the appropriation of the budget funds.

After consideration, the Committee of the internal public audit of the Ministry of Finance gave a positive opinion on the objection.

"The basic principles of public procurement have been violated” - efficient and effective spending of money used for public procurement, provision of potential suppliers with equal opportunities to participate in the procedure of public procurement, fair competition among potential suppliers, as well as the openness and transparency of the public procurement process. The winner of the public procurement has indicated the higher rates of services than offered by other potential suppliers, nearly 40 million tenge more! - Said Kairat Sydykov. - Despite this, the internal audit of the Ministry of Finance of the State Revenue Committee of the Republic of Kazakhstan has given a positive opinion on the objection. They refer to the absence in the legislation of the requirement to indicate work experience in the tender documentation, whereas the notification of the state Department of internal audit of Zhambyl region "clearly indicates” the requirement of the legislation.

After the Chamber of Entrepreneurs drafted a statement of claim in court, according to which LLP “CONDOR KZ” filed a lawsuit, a petition for a lawsuit, barring the execution of the concluded contracts. Specialized inter-district economic court of Zhambyl region didn’t satisfy the claim.

The grounds for refusal, according to the court, was the absence of specific circumstances and reasons for the prohibition of the execution of the concluded contract.

After that, the Regional Chamber decided to ask the National Chamber of Kazakhstan "Atameken" for assistance in resolving the issue.

The official response of the Ministry of Finance has cleared the issue.

"In order to restore the rights of potential suppliers, on the basis of orders of the Committee, the Department of internal public audit of Zhambyl region held a compliance audit, the results of which confirmed the violation of the public procurement law, namely the unlawful rejection of applications of potential suppliers for participation in the competition LLP" Temir baylyk", LLP "Condor of KZ", LLP "Zhanatas Kurylys Service", LLP "AlmatyTekhPromStroy", LLP "Basis Dorstroy", as well as unauthorized access of LLP "Umirzak" for participation in the competition. The Office was sent an order to eliminate violations. In addition, for the improper performance of their duties, as expressed in poor-quality preparation of the conclusion of the objection, the Committee's risk management expert Askarov B.E. was disciplined in the form of a severe reprimand. Currently, the Ministry analyzes the objections adopted by the Committee of the audit of state objects ", - stated the Ministry's official response addressed to NCE RK “Atameken".

But how the Office of construction, passenger transport and highways management of Zhambyl region will eliminate the violations, if today budgetary funds disbursed almost by 80%, and, as it turned out, it is inefficient.