Committee of the internal public audit of the Ministry of Finance of the Republic of Kazakhstan

In accordance with paragraph 17 of the Rules for the Conduct of Departmental Control, approved by the order of the Minister of Finance of the Republic of Kazakhstan dated 30 November 2015, 598, departmental control of public procurement is carried out through a competitive process (auction) in the following directions: 1) First direction: from the day of announcement of the competition (auction) until the end of the comment deadline during the preliminary discussion of the project tender documentation (auction documentation); if preliminary discussion of the draft tender documentation does not take place - within five working days from the date of posting of the text of the announcement on public procurement by way of competition; 2) Second direction - within five working days and/or until the deadline for receiving applications from the day of posting on the web portal a protocol of preliminary discussion of the draft competition documentation. Thus, the internal state audit bodies carry out desk-level monitoring of compliance with the legislation of the Republic of Kazakhstan on public procurement in the first and second directions within the above-mentioned deadlines. According to paragraph 591 of the Rules for the Conduct of Public Procurement, the grounds of complaint are subject to examination within the framework of desk control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control, in the manner provided for by this chapter and article 25 of the Act, shall not be examined. On the basis of the above, cases that are subject to desk control but have been submitted after the time limit for the desk control has expired shall not be reviewed.

In accordance with subparagraph (1) of article 3 of the Law of the Republic of Kazakhstan "On public procurement" (hereinafter - the Law), false information - false information contained in the application for participation in the tender, auction and supporting documents of a potential supplier and (or) the contracted subcontractor (co-contractor) for qualification requirements and/or documents influencing the tender offer, as well as corrections made by distorting the valid content, and the non-valid supporting documents of the potential supplier in the submitted application. According to article 14, paragraph 3 of the Law, the authorized body or state audit and financial control bodies have established that the potential supplier has provided incorrect information on qualification requirements and (or) documents affecting the tender quote shall be notified in writing within five working days of such fact: 1) The contracting authority, if this is established after a summary of the public procurement; 2) The organizer, or a single organizer, if this fact is established before the summary of public procurement. Copies of the supporting documents should be attached to the written notification. However, in accordance with article 8, paragraph 4 (1) of the Act, the register of unscrupulous parties to public procurement is a list of: potential suppliers or suppliers who have provided false information. In the case referred to in subparagraph 1) of part one of this paragraph, the organizer, the unified organizer, the customer are obliged to do so no later than thirty calendar days from the day, When they became aware of a violation by a potential supplier or a supplier of the legislation of the Republic of Kazakhstan on state procurement, to apply to the court for recognition of such a potential supplier or a malfeasant supplier

Regarding the restoration of the status of a terminated public procurement contract on the web portal for public procurement, we clarify that according to article 3, paragraph 21, of the Law of the Republic of Kazakhstan "On State Procurement", a public procurement contract is a civil-legal contract concluded through the webportal between the customer and the supplier, certified by the EPC, except in cases provided for in the rules of public procurement approved by the authorized authority. According to paragraph 1 of article 401 of the Civil Code of the Republic of Kazakhstan (hereinafter - the Code), modification and termination of a contract is possible by agreement between the parties, unless otherwise provided for in the Code, other legislative acts and the contract. However, in accordance with article 403, paragraph 1 of the Code, upon termination of the contract, the obligations of the parties are terminated. Therefore, given that the parties' obligations are terminated by contract termination, it is not possible to restore the contract on the web portal for public procurement.

In case of disagreement with the decision of the agency of the authorized body and (or) the decision of the territorial division, the potential supplier has the right to appeal this decision by filing a complaint in the form provided for in annex 6 to the Rules for the conduct of dialling control, or to apply to the court in accordance with the procedure provided for by current legislation. In the event of disagreement with detected violations indicated in the notification on the results of the desk control, the subject of the state audit submits an objection to the Appeal Commission under the Ministry of Finance of the Republic of Kazakhstan through the web portal public procurement in the manner and within the time limits set by chapter 11.1 Law.

In the event of disagreement with the results of an audit, pursuant to subparagraph (1) of paragraph 1 of article 58-2 of the Law of the Republic of Kazakhstan "On state audit and financial control", the objection to the object of the state audit is filed with the appeal commission of the Ministry of Finance of the Republic of Kazakhstan within 10 working days from the date of submission of the signed audit report. Pursuant to article 58-4, paragraph 1 of the said Act, an objection shall be considered by the appeal board within thirty working days following the day of receipt of the objection to the audit report or audit report on financial reporting, except in cases of suspension and (or) extension of the time limits for consideration of such an objection.

In accordance with paragraphs 589, 590 and 599 of the Public Procurement Regulations, a complaint about actions (omissions), the decision of the customer, organizer, unified organizer, expert commission (expert) is submitted via the web portal to the address of the customer, organizer, unified organizer, adopted the relevant protocol on the results of public procurement. The complaint is considered by the structural division or official of the client, organizer, joint organizer, responsible for addressing complaints within the stated requirements (arguments). A complaint lodged after the expiry of the time limit provided for in paragraph 588 of the Regulation shall not be considered. It should also be noted that, in accordance with paragraph 6 of the Rules for the Conduct of Camperlike Control (hereinafter referred to as the Rules), the detection of irregularities during the conduct of camperlike control is carried out in accordance with the list of risk profiles for camperlike control, as shown in Annex 1 to this Regulation. In turn, according to annex 1 of the Rules, there is no risk profile for a decision on admission or rejection of a potential supplier, as well as improper application of conditional discounts in violation of the legislation of the Republic of Kazakhstan on state procurement. Thus, given that the current legislation on public procurement establishes a procedure for dealing with complaints from potential suppliers regarding the outcome of public procurement, we would like to point out the need to refer to the above-mentioned paragraphs of the Rules governing the conduct of public procurement. It should be noted that, in accordance with article 25, paragraph 3, of the Law of the Republic of Kazakhstan "On State Procurement," the decision of the client, organizer, and joint organizer adopted following the review of the complaint, may be appealed to a court in accordance with the legislation of the Republic of Kazakhstan.