A potential supplier is not entitled to participate in ongoing public procurement if it has outstanding obligations under enforcement documents and is included by the authorized body in the field of enforcement of enforcement documents in the relevant register of debtors.
In accordance with article 2 of the Law, public procurement is the purchase by customers on a paid basis of goods, works, and services in accordance with the procedure established by this Law and the civil legislation of the Republic of Kazakhstan. Customers – state bodies, state institutions, as well as state-owned enterprises, legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the state, and legal entities affiliated with them, with the exception of national management holdings, national holdings, national management companies, national companies and legal entities affiliated with them, The National Bank of the Republic of Kazakhstan, its departments, organizations within the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty or more percent of the voting shares (participation shares in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities affiliated with them. The State Institution "Public Procurement Department of Aktobe region" (hereinafter referred to as the Department) filed a lawsuit with the court for recognition of Construction Company Kontakt LLP (hereinafter referred to as the Partnership) for recognition as an unfair participant in public procurement. The court's decision of April 1, 2016, upheld by the court of appeal, satisfied the claim.
A potential supplier is not entitled to participate in ongoing public procurement if it has outstanding obligations under enforcement documents and is included by the authorized body in the field of enforcement of enforcement documents in the relevant register of debtors.
It was established that the Department, as the sole organizer of public procurement, announced public procurement of construction and installation works for the facility "Construction of a kindergarten for 320 places in the village of Kargalinskoye in Aktobe" through an electronic competition. The partnership has submitted an application for participation in the competition. According to the appendix, the Partnership involved subcontractors in the application.: LLP "A", LLP "Z", LLP "T", LLP "L", LLP "C", LLP "P", CHMU "B". By the preliminary protocol of admission to participate in the electronic tender for public procurement of works dated April 30, 2015, the Partnership was not allowed to participate in the tender due to the subcontractor's non-compliance with the qualification requirements and the requirements of the tender documentation. By the Protocol on admission to participate in the electronic tender for public procurement of works dated May 15, 2015, the Partnership was not allowed to participate in the tender due to the non-compliance of the subcontractor with the qualification requirements. The protocol on the results of May 15, 2015 declared the electronic competition invalid due to the fact that no potential supplier was allowed to participate in the competition. The Court of First Instance found that at the time the Partnership submitted an application for participation in the tender and the Management of the tender, the above-mentioned subcontractor of the Partnership actually had an unfulfilled obligation to pay an administrative fine to the state income in the amount of 9,260 tenge and was in the register of debtors, which indicates a violation by the Partnership of the requirements of Article 6 of the Law and is the basis for the Management's appeal to a court with a claim for recognition as an unfair participant in public procurement.
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