On the recognition of the protocol on Public Procurement review of the results of the competition as illegal

No. 6001-22-00-6ap/2155 dated 02/23/2023

Plaintiff: K LLP

Respondent: State Institution "Department of Public Procurement of the Karaganda region"

The subject of the dispute: on the recognition of Protocol No. 5979945 of December 6, 2021 as illegal, and the revision of the results of the competition

Review of the plaintiff's cassation complaint PLOT:

According to the results of the competition dated November 10, 2021, LLP "B" was recognized as the winner of the competition for lot No. 40832917-OK1.

The plaintiff, disagreeing, filed a complaint with the DVGA about the illegal underestimation by the competition commission of the conditional discount on work experience.

In pursuance of the DVGA notification on the elimination of violations identified by the results of desk control on December 6, 2021, the results of the competitions were reviewed. In case of repeated results, LLP "B" was again determined the winner.

Judicial acts:

1st instance: the claim is satisfied.

Appeal: the decision is overturned, the claim is denied.

Cassation: the decision was overturned, the decision was upheld.

Conclusions:

The court of first instance justified the fact that the incorrectly indicated dates and years of acceptance of facilities into operation by themselves do not indicate a discrepancy between the information provided and the documents confirming work experience.

The Court of appeal, disagreeing with the conclusions of the court of first instance, overturned the decision and dismissed the claim, arguing that incorrect reflection of the necessary information in the tender application regarding work experience entails non-acceptance of incorrect information regarding work experience, affecting the conditional discount.

Information and documents confirming the work experience of a potential supplier over the past ten years, including for the current year, are entered into the electronic depository by the department of the authorized body and its territorial divisions after confirming their authenticity.

The court of first instance found that the plaintiff's stated work experience is contained in the electronic depository.

The defendant does not deny or dispute the accuracy of this information.

The Board considered that there were no grounds for excluding the above-mentioned acts from the plaintiff's work experience at the time of summing up the results of the competition, since the typo does not affect the availability of work experience reflected in the electronic depository.

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