Article 47. Appeal against actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, the single operator in the field of public procurement of the Law on Public Procurement - Excluded by the Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII SAM.

Home / RLA / Article 47. Appeal against actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, the single operator in the field of public procurement of the Law on Public Procurement - Excluded by the Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII SAM.

Article 47. Appeal against actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, the single operator in the field of public procurement of the Law on Public Procurement - Excluded by the Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII SAM.

1. A potential supplier has the right to appeal against the actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, the single operator in the field of public procurement, if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier.

Complaints from potential suppliers regarding the requirements of the tender documentation (auction documentation), including the qualification requirements specified therein, for which comments on the draft tender documentation (auction documentation) have not been submitted in accordance with the procedure established by Article 22 of this Law, are not subject to consideration.

2. In case of appeal of actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, the single operator in the field of public procurement to the authorized body no later than five working days from the date of posting the protocol on the results of public procurement by means of a tender (auction), the term for concluding the public procurement contract is suspended until the end the time limit for reviewing the complaint.

The appeal of persons who did not participate in the tender (auction) and (or) in the preliminary discussion of the draft tender documentation (auction documentation) in accordance with Article 22 of this Law does not suspend the term of the conclusion of the public procurement contract.

3. In case of appeal against actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, a single operator in the field of public procurement after the expiration of the period specified in paragraph 2 of this Article, the complaint is considered in the framework of electronic state audit in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.

4. The complaint of a potential supplier may be filed through publicly available information systems in accordance with the requirements of the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature.

5. In case of appeal of actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, experts, the single operator in the field of public procurement to the authorized body before summing up the results of public procurement and (or) within the time limits established by paragraph 2 of this Article, the complaint is considered within the stated requirements (arguments) within ten working days from the date of expiry of the period specified in paragraph 2 of this Article, within the framework of desk control in accordance with the legislation of the Republic of Kazakhstan on state audit and financial control.

The authorized body, no later than one business day from the date of receipt of the complaint, sends a notification to the customer about the suspension of the conclusion of the public procurement contract.

6. Based on the results of consideration of a complaint received within the time limits established by paragraph 2 of this Article, the authorized body shall make a decision in accordance with subparagraph 6) of Article 16 of this Law or to dismiss the complaint.

7. In case of disagreement with the decision of the authorized body adopted in accordance with paragraph 6 of this article, the potential supplier has the right to appeal it to the appeal commission in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on state audit and financial control.

8. Decisions of the authorized body adopted based on the results of consideration of the complaint may be appealed in court in accordance with the legislation of the Republic of Kazakhstan.

9. The pre-trial dispute settlement procedure provided for in this article is mandatory.

The footnote. Article 47 - as amended by the Law of the Republic of Kazakhstan dated December 26, 2018 No. 202-VI (effective from 01.01.2019); as amended by the Law of the Republic of Kazakhstan dated 11/15/2021 No. 72-VII (effective from 01.01.2022).

The Law of the Republic of Kazakhstan dated December 4, 2015 No. 434-V SAM.

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