Imposing Unauthorized Qualification Requirements in Competitive Bidding or Auction Documentation
The procuring entity imposes qualification criteria and conditions in violation of Articles 9 and 21 of the Public Procurement Act, as well as established principles governing public procurement procedures.
These unlawful requirements:
- Restrict and unjustifiably complicate the participation of potential suppliers in public procurement processes;
- Do not directly stem from the necessity to fulfill obligations under the public procurement contract for goods, services, or works.
To identify this kind of violation, a thorough review of the technical specifications is required to check for additional or tailored requirements. Access to these technical specifications is available on the website:
- under the analytics module “Analysis of Public Procurement Data of the Republic of Kazakhstan” through the “Lot Table.” In the table, links to announcements on the public procurement portal are provided where technical documentation can be downloaded for review. The process can be structured by using filters to create sample groups based on specific customers, industries, and categories of goods/services/works (G/S/W).
Internal Government Audit Committee of the Ministry of Finance of the Republic of Kazakhstan (IGAC)
Oversight of Compliance with the Republic of Kazakhstan’s Procurement Legislation, including Desk Audits
010000, Nur-Sultan city, Zhenis Avenue, 11.gov.kz/memleket/entities/kvga/about/structure/departments/leadership/1188/1?lang=ru
Regional Internal Audit Departments of the Republic of Kazakhstan (RIADs)
Territorial Divisions of the Internal Government Audit Committee of the Ministry of Finance of the Republic of Kazakhstan
Conducting Scheduled On-Site Audits
010000, Nur-Sultan city, Zhenis Ave, 11.gov.kz/memleket/entities/kvga/about/structure/100/1?lang=ru
Stipulating Precise Quantities of Equipment and Labor
Stipulating Precise Quantities of Equipment and Labor: "According to Appendices 1-4 of the competitive bidding documents ('Qualification Requirements for Potential Suppliers in Public Works Procurement, not related to construction') for Lot No. 45480122-OK1, the following qualification requirements have been established, which do not stem from the necessity to fulfill obligations under the public procurement contract for works: Asphalt pavers: 1; Bulldozers for pipeline construction: 96 kW (130 hp): 1; Crawler cranes, up to 16 tons: 1; Single-bucket diesel crawler excavators, 1.25 m3: 1; Pipeline hydraulic testing equipment, pressure range from 0.1 MPa to 10 MPa: 1; General laborers: 10; Tower cranes, 8 tons: 1; Tractor operators: 4; Crane operators: 2. It should be noted that, according to the technical specifications in the competitive bidding documents, the deadline for the work to be completed is November 10, 2022. Thus, the organizing entity has unlawfully established the aforementioned qualification requirements that do not directly arise from the need to fulfill obligations under the contract."