Violation of requirements for the procurement of specific types of goods/services/works from Public Associations of Disabled Persons and/or organizations created by them
Organizers of public procurement must purchase goods, works, and services from Public Associations of Disabled Persons of the Republic of Kazakhstan and/or organizations created by such associations (hereinafter referred to as PADP), in accordance with Paragraph 2 of Article 51 of the Law on Public Procurement:
- At least 50% of the total volume of goods allocated for the current year from Organizations of Persons with Disabilities (hereinafter referred to as OPDs) or organizations created by such associations.
- 100% of the total funds allocated for services and works for the current year should also be procured from these organizations.
According to Paragraph 4 of Article 51, when carrying out public procurement in accordance with Paragraph 2 of the present article, the organizer of public procurement must specify in the announcement text that public procurement will be conducted exclusively among those producing and/or supplying goods, performing works, and providing services of Public Associations of Disabled Persons of the Republic of Kazakhstan and/or organizations created by them.
If the procurement is deemed unsuccessful for reasons outlined in Paragraph 1 of Articles 29, 36, and Sections 7, 8, and 10 of Article 38, the purchaser can decide to conduct procurement among other potential suppliers in accordance with the Law.
Process to Detect Violation Using Public Module “Analysis of Kazakhstan Procurement Data”:
- Does the planned procurement fall under the list for persons with disabilities? One must consult the Government Resolution of the Republic of Kazakhstan dated December 31, 2015, No. 1181, which lists goods/services/works that must be purchased from disabled persons. Taking these lists into account, a selection of purchased goods/services/works can be prepared by name using the “ENSTRU” filter. ENSTRU (Unified Nomenclature Directory of Goods, Works, and Services) is a classifier of goods, works, and services used in all regulated procurements in the Republic of Kazakhstan for planning, accounting, and procurement process analysis.
- Who procured goods/services/works, and for what amounts, that should be procured from disabled persons’ organizations? To answer this question, data should be gathered using the “Procurement Plans Table”
- Did the contracting authority specify in the announcement text that 50% of the procurement for goods and 100% for works and services of the given amounts will be exclusively from organizations of disabled persons? An answer to this question requires expert evaluation of announcements on the public procurement portal. A selection of relevant announcements with links to the portal can be found in the ‘Lots Table.
- If the contracting authority conducts procurements among other potential suppliers, was there an acknowledgment that public procurements from disabled persons’ organizations did not take place for reasons stipulated in Article 29 Paragraph 1, Article 36 Paragraph 1, and Articles 38 Paragraphs 7, 8, and 10? An answer to this question requires expert evaluation of announcements on the public procurement portal. A selection of relevant announcements with links to the portal can be found in the ‘Lots Table.’ On the public procurement portal, one can review past procurements related to the current announcement.
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
Conducting Procurement for Disabled Persons' Organizations in the General Procedure
“For example, the Akimat of Satpaev city announced an open competition amounting to 2.8 billion tenge for 'Maintenance of Roads in Satpaev City.' The competition was announced as a single lot, which also included works for 'Sanitation Maintenance in Squares and Parks in Satpaev City.' Considering that this type of work should be directly procured from disabled persons, the contracting authority, by limiting their access, unlawfully announced the competition in the general procedure.”