Pre-trial claim for public procurement and services
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To the Deputy Chairman of the Board for Clinical Work
Joint-Stock Company "Kazakh Scientific Research Institute
Oncology and Radiology" to Bakytzhan Tuligenovich Ongarbayev
BIN 990240007098
Almaty, Almaly district, 91 Abaya ave.
Phone: OGZ-727)2921075; Accounting department: 292-99-20
from: Limited Liability Company "...."
The head of the U.B.T.
BIN/IIN.....
Almaty, Ch....., 17B
Phone: 8.......
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 57 58; + 7 727 971 78 58.
PRE-TRIAL CLAIM
On June 15, 2023, the Kazakh Scientific Research Institute of Oncology and Radiology JSC, hereinafter referred to as the Customer, and I, LLP ...., hereinafter referred to as the Supplier, concluded a Public Procurement Contract for Services No. 502-23-I. According to which the Customer requests a service from the Supplier on a monthly basis upon request during the year, and the Supplier undertakes to provide Annual maintenance of the video surveillance system.
According to Article 386 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the Contract enters into force and becomes binding on the parties from the moment of its conclusion.
Article 46 of the Law of the Republic of Kazakhstan On Public Procurement stipulates that the Public Procurement Contract enters into force after it is signed by the customer and the supplier.
However, to date, more than a month has passed since the conclusion of the Public Procurement and Services Agreement, and no Applications have been received from your side, thus not fulfilling the obligation properly.
Violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan.
Clause 3.3 of the Contract stipulates that the Customer undertakes to provide access to the Supplier's specialists for the provision of Services.
In addition, clauses 1, 3.2, the Supplier has the right to: require the Customer to pay for the Services provided under the Contract.
In accordance with clauses 7.1, clause 7 Liability of the parties, In case of non-fulfillment or improper fulfillment by the Parties of their obligations under this Agreement, all disputes and disagreements are resolved in accordance with the current legislation of the Republic of Kazakhstan.
Appendix 15 to the tender documentation, the Technical Specification of the purchased services, the Description of the required characteristics, parameters and other initial data in paragraph 2, states that Monthly and quarterly maintenance work 2.1 Monthly maintenance work is carried out according to the schedule of scheduled work agreed with the Customer.
Thus, according to the Technical Specification, which is an integral part of the contract, which stipulates that the provision of services must be performed on a monthly basis.
Also, the approved cost of rendering services under the contract has been determined and there are no grounds for reducing this cost, as was proposed orally by the customer's representative.
Thus, you are causing the Supplier real material harm, losses and in every possible way preventing you from starting to fulfill your obligations under the specified agreement without submitting applications according to the technical specification on a monthly basis.
Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at corruption and violation of contractual obligations, which contradicts Article 272 of the Civil Code of the Republic of Kazakhstan – "The obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements."
In addition, Resolution No. 305 of the Government of the Republic of Kazakhstan dated May 6, 2021. The approval of the requirements for the organization of anti-terrorist protection of facilities vulnerable to terrorism provides for monthly comprehensive maintenance of video surveillance systems to maintain it in good condition throughout its entire service life.
We hereby ask you to fulfill your obligations within the framework of contractual obligations.
In the event that you fail to fulfill your obligations under the contractual relationship, we reserve the right to address this issue to the authorized body, the court and other law enforcement agencies. As well as the recovery of the amount of material damage (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan), as well as the lawyer's representative expenses.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.
"T." LLP Head
__________/ U.B.T.
"____" __________2023 the year
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.
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