Challenging the notification of the Department of Internal State Audit

 

No.6001-22-00-6ap/1719 (2), No. 6001-22-00-6ap/1719 (3) dated 05/02/2023

Plaintiff: LLP "G"

Respondent: Russian State Institution "Department of Internal State Audit"

 

Interested party: Company N LLP

Subject of dispute: on challenging the notification dated 31.01.2022

Review of the cassation complaints of the defendant and the person concerned

PLOT:

The organizer of the State Institution "Public Procurement Management" conducted public procurement using the electronic tender No. 6491985-OK1 "Gas supply of a residential area".

The plaintiff was recognized as the winner of the tender for lot No. 46678074-OK1, according to the protocol of the audit dated 10.01.2022.

The complaint Department of Company N LLP conducted a desk inspection of the purchases. Based on the results of the control, a notification dated 01/31/2022 was sent to the organizers of the purchases on the elimination of violations and revision of the results of the competition, taking into account the work experience of Company N LLP, acquired through reorganization from RZ LLP.

Based on the notification dated 02/03/2022, the results of the competition were reviewed and the Company N LLP was recognized as the winner.

On 04/01/2022, the plaintiff appealed the notification of the Office of Internal Control of the State State Budgetary Institution "Committee of Internal State Audit of the Ministry of Finance of the Republic of Kazakhstan" (hereinafter - the CCGA). On 04/18/2022, the complaint was left unsatisfied.

The plaintiff pointed out that the application of a conditional discount for the work experience of Company N LLP is unjustified, since in the information on qualifications the company unreasonably indicated work experience belonging to another company - RZ LLP.

Judicial acts:

1st instance: the claim is satisfied. A particular definition of vadres KVGA has been made.

Appeal: the decision and the definition are left unchanged.

Cassation: the decision was overturned, the case was sent for a new review to the court of appeal.

Conclusions:

The courts, satisfying the claim, motivated by the fact that the defendant violated the principles of public procurement, concerning the provision of equal opportunities to potential suppliers to participate in the competition and ensure fair competition. According to the position of the courts, the transfer of work experience in the order of reorganization of the enterprise is not provided for by the current legislation.

The conclusions of the courts are premature and do not correspond to the circumstances established by law.

The courts found that the information on the qualifications of CompanyaN LLP stated work experience performed as a general contractor and subcontractor for 2013 (4 general contractor facilities), 2014 (1 general contractor facility), 2016 (4 general contractor facilities), 2017 (1 general contractor facility).Coming to the conclusion that the actual specified work experience according to the data of the electronic depository is listed for RZ LLP, the courts have not justified this position for nothing, there are no supporting documents in the case file.

The courts have not investigated the circumstances of the transfer of work experience to each of the facilities, and the time of transfer of work experience has not been established, according to the depositary's data, indicating the number and name of the information.

It is noted that the courts have not given a legal assessment of the form and content of the requested notification as an administrative act, which, due to the requirements of articles 78, 80 of the CPC, should be clear to understand, ensure uniform application, exhaustively determine the circle of persons to whom it applies, should contain a description of the issues resolved when adopting an administrative act, and the rationale for the administrative act.

 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases