Use of Undeclared or Impermissible Eligibility Criteria in Tenders
The Contracting Entity rejects bids from potential suppliers based on unjustified criteria, including the request for authorization letters, licenses, and certificates that are irrelevant to the subject of the procurement. Requirements may include the submission of prototypes, concepts, and other documents that are impossible to compile without access to the Contracting Entity’s confidential information.
The rejection of a potential supplier’s application to participate in a competition (auction) could occur due to violations of Articles 10, 27, and 33 of the Law, as well as clauses 238 and 55 of the Minister of Finance of the Republic of Kazakhstan’s order dated December 11, 2015, No. 648 “On Approving the Rules for Public Procurement.”
To identify such violations, an expert analysis of technical specifications, preliminary eligibility protocols, and final protocols and bids for impermissible eligibility criteria is necessary.
Access to procurement documents can be obtained on the website:
- Under the analytics module “Analysis of Public Procurement Data of Kazakhstan,” accessed via the “Lot Table” sheet. The table contains links to announcements on the public procurement portal, where technical documentation can be downloaded for review. To structure the process, filters can be used to select specific clients, sectors, and types of goods, works, and services.
Agency for the Protection and Development of Competition of the Republic of Kazakhstan
010000, Astana city, Mangilik El avenue 8, 'Government House,' entrance 1gov.kz/memleket/entities/zk?lang=ru
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
Office of the Attorney General
010000, Nur-Sultan, Mangilik El Avenue, 14.gov.kz/memleket/entities/prokuror/contacts?lang=ru
Additional supplier requirements not stipulated in the procurement
"However, as established by the Almaty prosecutor's office, one of the Contracting Entities unjustifiably required entrepreneurs to have a specific type of licensable activity in the field of electrical networks during road construction. This was an illegal attempt to influence the competition results. Following the oversight action by the prosecutor's office, the competition was canceled, and procurement was re-conducted with equal conditions provided to all potential suppliers."
Additional supplier requirements not stipulated in qualification requirements
"The court, in an open hearing of the civil case filed by the Center of Oncology, found that among the qualification requirements for the potential supplier, there was no stipulation that the supplier should be an official distributor of the manufacturer and have authorization.
In addition, the Contracting Entity failed to send written notice to the supplier in the pre-litigation procedure, as required by the Civil Code of the Republic of Kazakhstan and contract conditions."