Complaint to the audit report of the internal state audit committee
"What?" The law and the law of the Republic of Kazakhstan stipulates that this document contains basic and not all details of the concrete situation. Our lawyers need to help in the creation of a good law document, which is based on the situation. For further information, please contact a lawyer / lawyer by Phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
The internal state audit committee of the Ministry of Finance of the Republic of Kazakhstan
010000, Nur-Sultan, Zhenis Ave., 11 +7 717 271 71 37
Supplier:..... Gulshat Amangeldievna IIN ......
Kyzylorda city,....... 34 St. + 7 701 ........
Customer: "Department of education of Kyzylorda region
The Department of education for the city of Kyzylorda "named after I. Kabylov
School-Lyceum of Information Technology No. 12 (It-school-Lyceum)"
municipal state institution
Bin ............ 120008, Kazakhstan, zh. Kyzylorda, St. ..... Imanov, House 108A
, official Imad for Kyzylorda region dated August 6, 2021 No. 158
Complaint to the audit report
On May 16, 2021, an individual entrepreneur in accordance with the protocol on the results of public procurement by means of a tender No. 5733485-OK1 ...... Gulshat Amangeldievna (hereinafter-the supplier), municipal state institution "Information Technology school-Lyceum No. 12 named after I. Kabylov "of the Department of education for the city of Kyzylorda of the Department of education of the Kyzylorda region" (hereinafter-the customer) took part in the competition "services for organizing hot meals for children".
Complaint to the audit report of the internal state audit committee
In accordance with Article 43, paragraph 2, subparagraph 1 of the law of the Republic of Kazakhstan on Public Procurement (hereinafter referred to as the law), the customer within five working days from the date of expiration of the deadline for appealing to the winner the draft contract on public procurement, certified by an electronic digital signature, the protocol on the results of public procurement by means of a tender (auction) through the web portal of Public Procurement. Finally, on May 21, 2021, between the customer and the supplier, approved by the order of the Minister of Education and science of the Republic of Kazakhstan dated October 31, 2018 No. 598 "Organization of catering for students in state organizations of secondary education, organizations of extra-curricular additional education, as well as in state preschool organizations, educational organizations for orphans and children left without parental care, technical and professional, the contract was signed in accordance with the requirements of" on approval of the rules for the purchase of goods related to the provision of nutrition for children raised and educated in organizations of post – secondary education " (hereinafter referred to as the rules). Article 46, paragraph 1 of the law, the public procurement contract comes into force after its signing by the customer and supplier, or after the full introduction of security for the execution of the public procurement contract, the latter of which is provided for in the tender documentation (auction documentation).
However, on May 28, 2021, IP Aktaeva, who took the 5th place among the participants of the competition No. 5733485-OK1, filed an application with the internal State Audit deportations for Kyzylorda region (hereinafter referred to as the Department) without agreeing with the decision of the competition. However, if the actions (omissions), decisions of the customer, the organizer of Public Procurement, a single organizer of Public Procurement, commissions, expert, a single operator in the field of public procurement are appealed to the authorized body no later than five working days from the date of publication of the protocol on the results of public procurement by means of a tender (auction), clearly spelled out in Paragraph 2 of Article 47 of the law, the deadline for concluding a public procurement contract is suspended until the end of the deadline for consideration of the complaint. For more than two months, Zhetpisbaeva Gulnur Botabekovna, chief specialist-state auditor of the Department of on-site control of the Department of karamas, issued an unscheduled audit event (audit) and on August 6, 2021 issued an Audit Report No. 158 (hereinafter referred to as the report). On the 10th page of the report under the state auditor comes to the conclusions: according to the web portal of Public Procurement, in accordance with the protocol on the results of procurement No. 5733485-1 dated 16.05.2021 No. 5269900, the tender commission awarded the potential supplier IP "Makhanbetova" 4 points unjustifiably, even if the experience of work in the service market for the last century is confirmed by the documents submitted for 2016, 2017, 2018, or 3 the score was determined to be awarded.
At the same time, it was established that Margarita Alexandrovna Semenchenko, who is listed as a technologist in the labor resources section of Appendix 6 of the qualification information of IP" Aktaeva", was not unreasonably awarded a single point on this criterion by the Competition Commission, even if electronic documents were submitted in accordance with the requirements of paragraph 6 of Annex 7 to the rules. However, according to the protocol on the results of 16.05.2021 No. 5269900, issued through the web portal of public procurement, the winner was recognized by the Competition Commission as a result of unjustified 4 points, even if the experience of a potential supplier in the service market of IP "Makhanbetova" for the last 5 years is confirmed by the documents submitted for 2016, 2017, 2018.As of 21.05.2021, it was established that the contract No. 2 was concluded unjustifiably between the institution and the supplier, which was identified as the winner, IE "Makhanbetova". The conclusions of the state auditor in this report I, the supplier, categorically disagree! Because:
There are quite a few errors. For example, the auditor incorrectly specified the number of the protocol on the results of May 16, 2021 as No. 5269900. Ideally № 5733485-OK1;
The experience of the supplier begins in 2015! The relevant evidence can be found in the tender documentation;
In accordance with paragraph 1 of Annex 7 to the rules, the experience of working on the organization of catering for students and pupils of educational organizations is assigned 1 point for every 8 months.
The complaint to the audit report of the internal state audit committee is attached to the portal with 17 files on the supplier's work experience, and all these files are clearly visible in Annex 6 to the rules "information on the qualifications of a potential supplier" compiled by the portal (attached to my application). I also preferred to cite the following table.
| Жыл | Порталға салынған файлдар атауы | Құжаттар неше айдың тәжірибесін растайды |
| 2015 жыл | янв2015.pdf | 1 ай – қантар айы |
| фев2015.pdf | 1 ай – ақпан айы | |
| март2015.pdf | 1 ай – наурыз айы | |
| апр2015.pdf | 1 ай - сǝүір айы | |
| май2015.pdf | 1 ай – мамыр айы | |
| июнь2015.pdf | 1 ай – маусым айы | |
| кон2015.pdf | 4 ай – қыркүйек-желтоқсан айлары | |
| Барлығы 2015 жыл | 10 ай | |
| 2016 жыл | янв-фев2016.pdf | 2 ай – қантар-ақпан айлары |
| март 2016.pdf | 1 ай – наурыз айы | |
| апр-дек2016 сш5.pdf | 6 ай – сǝүір, мамыр жǝне қыркүйек-желтоқсан айлары | |
| июнь2016 сш257_compressed.pdf | 1 ай – маусым айы | |
| Барлығы 2016 жыл | 10 ай | |
| 2017 жыл | янв-дек2017_compressed.pdf | 9 ай – жазғы айларсыз |
| Барлығы 2017 жыл | 9 ай | |
| 2018 жыл | янв-май, сент-дек 2018.pdf | 9 ай – қантар-мамыр жǝне қыркүйек-желтоқсан айлары |
| июнь 2018.pdf | 1 ай – маусым айы | |
| Барлығы 2018 жыл | 10 ай | |
| 2019 жыл | янв-март 2019-1.pdf | 3 ай – қантар-наурыз айлары |
| апр-дек2019.pdf | 6 ай – сǝүір, мамыр жǝне қыркүйек-желтоқсан айлары | |
| Барлығы 2019 жыл | 9 ай | |
| 2020 | янв-март2020_compressed.pdf | 3 ай – қантар-наурыз айлары |
| Барлығы 2020 жыл | 9 ай | |
| 2015-2019 жылдар аралығында, барлығы | 48 ай | |
| 2016-2020 жылдар аралығында, барлығы | 41 ай | |
In addition, we consider it appropriate to indicate that the auditor missed the following information. He said that the Electronic Documents of Margarita Semenchenko, a technologist of IP "Aktaeva", do not meet the requirements of paragraph 6 of paragraph 7 of the rules! According to paragraph 6 of Annex 7 to the rules, 2 points are awarded not to the technologist, but to the head of production with the qualification of a technologist, and in the order of IP Aktaeva No. 11 dated 10.02.2021 in the submitted electronic documents (attached to the application), acting Semenchenko was accepted to work as a technologist. That is, the acting Semenchenko, the head of production, does not have documents, and no points are given to him. Article 29 of the law states that public procurement by means of a tender is recognized as invalid on one of the following grounds: 1) in the absence of applications submitted for participation in the tender; 2) in the submission of less than two applications for participation in the tender; 3) if no potential supplier is allowed to participate in the tender; 4) if one potential supplier is allowed to participate in the tender. The grounds and consequences of the recognition by the IAD of the Kyzylorda region that the competition method was not held in accordance with Article 29 of the law are not established. For the same reason, we consider the report unfounded. Within three working days after the expiration of the deadline for appealing the protocol on the results of the tender in paragraph 79 of the rules, the customer sends to the potential supplier a signed contract for the provision of services or the delivery of goods concluded in accordance with Annex 9 to the standard tender documentation and the standard contract for the supply of goods in accordance with annex 10. Contract No. 2 was concluded between the supplier and the customer on May 16, 2021.
Complaint to the audit report of the internal state audit committee
Article 85 of the rules stipulates that all disputes arising in the process of fulfilling contractual obligations are resolved in accordance with the civil legislation of the Republic of Kazakhstan. Article 401 of the Civil Code of the Republic of Kazakhstan States: At the request of one of the parties, the contract may be amended or terminated only by a court decision: 1) in case of significant termination of the contract by the other party; 2) in this code, other legal documents or in other cases stipulated by the contract. It is recognized as a significant violation of the contract if one of the parties terminates the contract, which entails such a loss that the other party loses to a large extent that it had the right to hope at the time of concluding the contract. No grounds have been established for recognizing condition No. 2 as unreasonable. According to Article 47 of the law, if the actions (omissions), decisions of the customer, the organizer of public procurement, the unified organizer of Public Procurement, commissions, expert, the unified operator in the field of Public Procurement violate the rights and legitimate interests of the potential supplier, the potential supplier has the right to appeal against their actions (omissions), decisions. In case of disagreement with the decision of the authorized body adopted in accordance with paragraph 6 of this article, a potential supplier has the right to appeal against it to a higher authority. Taking into account the above circumstances and in accordance with Article 47 of the law of the Republic of Kazakhstan on Public Procurement, you must::
Please conduct on-camera control of the competition held on May 16, 2021 No. 5733485-OK1;
We ask that the internal State Audit deportee for the Kyzylorda region invalidate the Audit Report No. 158 dated August 6, 2021;
If the internal state audit in Kyzylorda region reveals the fact of violation of the law in the actions of the deportee, we ask the court to bring him to justice;
Private investigator of the internal State Audit deportee for Kyzylorda region ......... We ask that gulshat Amangeldievna be recognized as a legal supplier under the competition held on May 16, 2021 No. 5733485-OK1.
With all due respect; __________/ ....... Ga. “___”__________2021 zh.
According to Article 79 of the administrative procedural code of the Republic of Kazakhstan, the administrative act must be legal and justified. An administrative act must be clear for understanding, ensure consistent application, and fully identify the number of persons to whom its power is applied.
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
