What actions does the authorized body for internal state audit take in case of complaints about the actions of Customers under concluded public procurement contracts (late payment for delivered goods, service rendered, work performed; refusal to accept the delivered goods, etc.)?
In accordance with subparagraph 21) of article 3 of the Law of the Republic of Kazakhstan "On State Procurement" (hereinafter - the Law), a contract on state procurement is a civil-legal agreement concluded through a web portal between the customer and the supplier, authenticated by electronic digital signatures, except in cases provided for by the rules of public procurement approved by the authorized authority.
According to article 4, paragraph 1 of the Law, the legislation of the Republic of Kazakhstan on public procurement is based on the Constitution of the Republic of Kazakhstan and consists of the norms of the Civil Code of the Republic of Kazakhstan, this Law and other normative legal acts of the Republic of Kazakhstan.
In accordance with article 9, paragraph 1, of the Civil Code of the Republic of Kazakhstan, protection of civil rights is carried out by court and arbitration.
In accordance with paragraph 3.1 of the Model Contract for the Procurement of Goods by State (hereinafter the Model Contract), the supplier undertakes to ensure full and proper performance of its obligations under the Contract.
However, paragraph 7.1 of the Model Treaty establishes the liability of the parties in case of non-performance or improper performance by the Parties of their obligations, and all disputes and disagreements are resolved in accordance with the laws of the Republic of Kazakhstan.
In this regard, all disputes that arise between the Customer and the Supplier during the performance of their contractual obligations are governed by the civil law of the Republic of Kazakhstan. Consequently, in the event of disputes, the relationship between the customer and the supplier is subject to legal proceedings and cannot be reviewed by the Committee or monitored.
In addition, article 1 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan" provides that appeals, applications and complaints subject to judicial review may not be examined or placed under any supervision by
Are complaints from potential suppliers about unsubstantiated requirements of the tender documents by customers that were filed after the time limits for desk checks have expired to be considered?
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 proces...
What measures does the authorized body for internal public audit apply when it is established that a potential supplier has provided incorrect information?
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 pot...
Is it possible to restore the status of a terminated public procurement contract on the web portal for public procurement?
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...
How can I appeal the decision of an authorized body on the results of a desk control in the area of 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...
When and where is an objection to the audit object filed if it does not agree with the results of the audit?
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 commissi...
Does the authorized body for internal state audit consider complaints about actions (omissions), decisions of the customer, organizer, or a single organizer?
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, orga...
Does the body responsible for internal public audit have the authority to call upon experts to carry out audit activities, what is the purpose of their engagement and who pays for their services?
The agency and its territorial subdivisions within their powers, in order to carry out the tasks assigned to them, In accordance with paragraph 59 of the Rules for the Conduct of Internal State Audit and Financial Control, shall attract relevant experts by including them in the g...
What is the procedure for dealing with complaints of disagreement with the public procurement results protocol?
In accordance with paragraphs 589, 590 of the "Rules for the Conduct of Public Procurement," 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 custome...
