Will there be "cheating" during public procurement?
Kazakhstan has changed the rules for allocation of state orders
Customers will comment on the reasons for rejection of applications of potential participants during public procurement, with indication of supporting documents.
It was offered to solve the problems of unjustified rejection of bids by establishing responsibility of a customer through detailed description of a reason for rejection of applications, attaching the proof. This rule is included in the draft law "On public procurement", which was approved by the deputies at the plenary session of the lower house of the Parliament. However, the responsibility of officials for ignoring this rule looks indecently modest - only 10 MCI (1 MCI = 1982 tenge).
The Ministry of Finance, which drafted the law, offered to enter into agreements with suppliers strictly in an electronic format in order to combat unreasonably high price during public procurement. According to the authors of the document, the transition to e-relations will ensure provision of reliable information on goods, works and services, and determine the average purchase price. In general, the Ministry of Finance is optimistic about the consequences in the event of adoption of the law in the Government version. "Thus, the budgets of administrators of programs will be formed not on the basis of price lists, but taking into consideration the average purchase price, formed on the web-portal", - said Finance Minister Bakhyt Sultanov, introducing the draft law in the Mazhilis.
Among other critical rules, the Ministry of Finance proposed the transition to a preliminary discussion of the tender documentation. Bakhyt Sultanov believes that this will help to fight the so-called "cheats" in the technical specifications of lots.
The draft law also establishes new rules for disputes on the results of the tender. To this end, there was proposed a norm, suspending the conclusion of the contract by 10 days during the review of the complaint. At the moment the appeal process does not suspend the conclusion of the procurement contract, which allows unscrupulous customers to make purchases in violation of the law.
Mazhilismen will discuss these and other innovations during the second reading. Palata.kz continues to monitor the situation around this draft law.
Zhanar Serdalina
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