The contractor was an honest one!
The Chamber of Entrepreneurs of Aktobe region has protected the rights of Karaganda company LLP "Karat", which could get into the list of dishonest suppliers
In 2012, LLP "Karat" entered into an agreement with the city Department of housing and communal services, passenger transport and highways for installation of 13 football fields with artificial turf.
Stadiums with the square of 41 to 21 meters with a three-meter fence, a pair of basketball boards and football gates were supposed to appear on the territory of middle schools and high-rise buildings of the regional center. The company completely fulfilled its commitments on time. The state body accepted the works, by signing the acts of completed works and transferred the money for the rendered services.
However, employees of the financial control inspection of Aktobe region, which audited the state body, decided that LLP "Karat" broke the law "On Public Procurement".
"According to the agreement, the company had to establish 13 football fields. Each of the facilities was worth over 8 million tenge. The total cost of the work was 113 million tenge. During the inspection, the auditors found that the contractor had provided services by installing 11 fields, each worth 8 million tenge and one facility worth 11 million tenge, amounting in total to 107 million tenge. The audit team thought that the contractor unreasonably increased the price during the installation of the fields with better specifications. Overpayment exceeded 3 million tenge", - said the Head of the unit of the Regional Chamber of Entrepreneurs Ruslan Kuyshinov.
By the results of the audit, the auditors sent a letter to the company, demanding the return of the overpayment, and when the management of LLP "Karat" has expressed its disagreement with it, the state agency filed a lawsuit to the specialized inter-district economic court. The plaintiff in the statement asked the court to recognize LLP as an unfair participant of public procurements and to recover 3 million tenge from it.
"We have installed a dual football field with the same specifications as the rest. Changes in the agreement have been made not on our initiative, by the initiative of the customer, which is confirmed by the protocol of the meeting. Moreover, we had an additional agreement between us in terms of reducing the amount of the contract. We have fulfilled all our obligations to the Department of Housing and we did not violate the law. For assistance in litigation, we have addressed to the Chamber. And we received effective assistance", - said the commercial director of "Karat ".
Head of RCE Ruslan Kuyshinov represented the company in the court. As a result of the decision of the Economic Court of Aktobe region, the lawsuit of the Department of housing and communal services, passenger transport and highways has been denied.
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