Article 15. Monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan on procurement of certain quasi-public sector entities and the Law on Procurement of Certain Quasi-public Sector Entities

Home / RLA / Article 15. Monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan on procurement of certain quasi-public sector entities and the Law on Procurement of Certain Quasi-public Sector Entities

Article 15. Monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan on procurement of certain quasi-public sector entities and the Law on Procurement of Certain Quasi-public Sector Entities

1. Control over compliance by individual entities of the quasi-public sector with the requirements of this Law and the procurement rules is carried out by the centralized procurement control service and the authorized procurement body.

2. The centralized Procurement Control Service for individual quasi-public sector entities, with the exception of the Fund and the Fund's organizations, is accountable in its work to the board of directors of the quasi-public sector entity, which determines the quantitative composition, term of office, and working procedure of the centralized procurement control service, appoints and terminates the powers of its head, determines the amount and other terms of payment the labor of its employees.

The centralized Procurement Control Service of the Fund and the Fund's organizations reports directly to the Board of the Fund. The procedure for monitoring is determined by the rules for monitoring the procurement of the Fund.

3. The objects of control are:

1) the customer, the procurement organizer, the tender commission (auction commission), the expert commission on purchases, the expert on purchases;

2) a potential supplier, supplier, as well as persons engaged by them as subcontractors for the performance of works or co-executors for the provision of services, within the scope of the subject of the procurement;

3) the operator of the electronic procurement information system.

4. The grounds for monitoring compliance with the procurement rules are:

1) a written request or an appeal received through publicly available information systems and complying with the requirements of the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature, from a potential supplier or supplier participating in the procurement, or his authorized representative, complaining about the actions (inaction), decisions of the customer, the procurement organizer or the tender commission (auction commission), expert procurement commission, procurement expert, operator of the electronic procurement information system;

2) the received resolutions of law enforcement agencies;

3) a plan for conducting inspections of the centralized procurement control service;

4) information about violations provided by the customer.

5. The centralized Procurement Control Service, if violations of the procurement rules are detected based on the results of the control, sends to the object of control:

1) mandatory notification of the elimination of violations no later than three working days from the date of detection of violations;

2) a mandatory scheduled inspection report containing recommendations for the elimination of identified violations and the causes of their occurrence.

6. If, based on the results of monitoring, the fact that the object of control has committed an action (inaction) containing signs of a criminal offense is revealed, the centralized procurement control service is obliged to transmit information about the commission of the specified action (inaction) and documents confirming this fact to law enforcement agencies within five working days from the date of detection of such fact.

7. If the centralized procurement control service sends a notification on the elimination of violations, the control object is obliged to eliminate the violations indicated in the notification within ten working days from the day following the day of delivery (receipt) of such notification.

8. In case of non-fulfillment of the notification on the elimination of violations identified by the results of control, within the time period specified in paragraph 7 of this article, the centralized procurement control service shall transfer the materials to the authorized body in the field of procurement.

The Law of the Republic of Kazakhstan dated June 8, 2021 No. 47-VII SAM.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases