Article 16. Appeal against actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert commission on procurement, the operator of the electronic procurement information system, the decision of the centralized procurement control service of the Law On Procurement of certain subjects of the quasi-public sector

Home / RLA / Article 16. Appeal against actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert commission on procurement, the operator of the electronic procurement information system, the decision of the centralized procurement control service of the Law On Procurement of certain subjects of the quasi-public sector

Article 16. Appeal against actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert commission on procurement, the operator of the electronic procurement information system, the decision of the centralized procurement control service of the Law On Procurement of certain subjects of the quasi-public sector

1. A potential supplier or supplier has the right to appeal against actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert procurement commission, the operator of the electronic procurement information system, if their actions (inaction), decisions violate the rights and (or) legitimate interests of the potential supplier or supplier.

2. A potential supplier has the right to appeal against the actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert commission on procurement, the operator of the electronic procurement information system, if their actions (inaction), decisions violate the rights and (or) legitimate interests. a potential supplier.

3. A potential supplier who participated in the procurement has the right to appeal against the actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert commission on procurement, the operator of the electronic procurement information system within two working days from the date of publication of the protocol on the results of the procurement, if their actions (inaction), decisions violate the rights and (or) legitimate interests of a potential supplier who participated in the purchase.

4. The tender commission is obliged to submit a reasoned decision to the appeal of a potential supplier who does not agree with the results of the tender.

5. In the cases provided for in paragraphs 2 and 3 of this article, the term of the contract shall be suspended until the end of the term for consideration of the complaint.

6. Upon expiration of the time limits established by paragraphs 2 and 3 of this Article, appeals against actions (inaction), decisions of the customer, the procurement organizer, the tender commission (auction commission), the procurement expert, the expert commission on procurement, the operator of the electronic procurement information system to the centralized procurement control service are carried out in accordance with the laws of the Republic of Kazakhstan.

7. A complaint from a potential supplier or supplier may be filed through the procurement web portal in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature.

8. Based on the results of consideration of the complaint received within the time limits established by paragraphs 2 and 3 of this article, the centralized procurement control service shall decide on cancellation and (or) revision or refusal to cancel and (or) review the procurement results.

A decision to refuse to cancel and/or revise the procurement results, containing conclusions that there is no need to cancel and/or revise the procurement results with their reasoned justification, is sent to the applicant within three calendar days from the date of such decision.

9. In case of disagreement with the decision of the centralized procurement control service adopted in accordance with paragraph 8 of this article, the potential supplier has the right to appeal it to the court.

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