Did the hospital make a mistake?
After signing the contract the city hospital recognized procurements invalid
Another issue that came to the Chamber of Entrepreneurs, was resolved positively. Previously, "Kaynar-Media" complained on the actions of Taldykorgan City Hospital. According to the businessman, the state institution illegally, unilaterally terminated the agreement on public procurement.
During preliminary talks and meetings with representatives of the hospital it turned out that the Department of State internal audit in Almaty region directed a notification on 18th of August 2016 to the hospital on the abolition of previous competitions and the suspension of the competitions on internet service. Despite that, for unknown reasons, the Hospital held a tender for the connection of internet, by the results of which "Kaynar-Media" was the winner. As a result of the signing of the contract the company on the same day has begun to fulfill its obligations by spending money on installation of the equipment.
"After three days the representatives of the hospital by phone told the entrepreneur about termination of the contract unilaterally. They referred to the notification of the Department dated by 18th of August 2016 and refused to explain anything on this fact. These actions of the state institution did not find any logical explanation”, - said the expert department for the protection of the rights of entrepreneurs and reduction of administrative barriers of RCE Duman Kerimbayev.
An expert with the entrepreneur appealed to the court to invalidate the termination of the contract, the cancellation of the order for early termination of the contract, as well as the defendant's compulsion to connect the link of "Kaynar-Media." In court, the prosecutor's office did not support the statement of the company and demanded the dismissal of a claim. However, the Specialized Interdistrict Economic Court of Almaty region has decided differently. In all proceedings the entrepreneur’s requirements have been satisfied in full.
The company "Kaynar-Media" expressed its appreciation for the professional legal assistance of RCE and sent a letter of gratitude to the Chairman of the Board of NCE RK "Atameken" A. Myrzakhmetov.
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