New public procurement rules
Mazhilis passed to the Senate the corresponding draft law
300 amendments were introduced to Kazakhstan's public procurement system in order to make it more transparent, fair and accessible to its potential participants. This is how much rules contains the draft law "On public procurement", which was approved by Mazhilis deputies at the plenary session.
We can say with full confidence this draft law was long awaited, as public procurement remains one of the most criticized topics. And, above all, small businesses indicate the shortcomings, for which the opportunity to get a state order is regarded as the only way not just to keep business afloat, but also to survive the harsh economic realities.
Thus, the system of public procurement will undergo fundamental changes. Every amendment deserves attention, but will brief you about the most important. Thus, the draft law establishes a preliminary discussion of the technical specifications, the requirements for non-competitive procedures have been expanded, there will be introduced the exclusively electronic format of contracting, electronic invoices for supply of goods, acts of performed works and services and electronic invoices. To better protect the legitimate rights and interests of potential suppliers, the draft law proposes to introduce pre-trial procedure for settling disputes between a customer and a potential supplier. This will be possible when customers receive the right to cancel the procurement procedure - in case of acceptance of the complaint or identification of violations. This sets the time limit for appealing against the results of public procurement, during which the conclusion of the contract is not allowed. The draft law also proposed to give the competent authority the right to include in the register of unfair participants of public procurement the potential suppliers, avoiding the conclusion of the contract.
The developer of the draft law is the Ministry of Finance. Commenting to journalists after the expected effect of the adoption of new rules for public procurement, Finance Minister Bakhyt Sultanov expressed optimism. According to him, today, 98.7% of the registered users of the site of public procurement in Kazakhstan are representatives of small businesses. "If we talk about the SMEs, all the novels, which are incorporated in electronic forms, capabilities to challenge the contracts and options on the preliminary discussion of the tender documentation - it is all done to ensure maximum access to public procurement", - said Sultanov.
The draft law was passed in the second reading and sent to the Senate.
Zhanar Serdalina
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