Recognition of the applicant as an unscrupulous participant in public procurement was denied
On May 25, 2020, the Specialized Interdistrict Economic Court of Atyrau region considered in open court a civil case on recognition as an unfair participant in public procurement. Thus, the parties concluded a public procurement agreement No. 105 dated February 20, 2020 for the provision of elevator maintenance services (hereinafter referred to as the agreement). In accordance with the terms of the contract, the defendant undertook to perform the work on a monthly basis until December 31, 2020. However, according to the Plaintiff, the Supplier has not fulfilled contractual obligations. Subsequently, the contract was terminated. A new public procurement agreement No. 150 dated March 12, 2020 was signed between the parties on the same terms. The obligations under the public procurement contract No. 150 dated March 12, 2020 are being fulfilled by the defendant in an appropriate manner. This fact was not disputed by the plaintiff in court. In court, the plaintiff supported the claim and asked to satisfy it, arguing that the defendant had not fulfilled its obligations under the public procurement contract dated February 20, 2020 No. 105.
Recognition of the applicant as an unscrupulous participant in public procurement was denied
In court, the defendant did not admit the claim, but explained that the supplier is currently fulfilling its obligations under the public procurement contract dated March 12, 2020 No. 150 properly. In accordance with paragraph 23 of Article 43 of the Law of the Republic of Kazakhstan "On Public Procurement" (hereinafter referred to as the Law), a public procurement contract is considered executed provided that the customer and supplier fully fulfill their obligations under the specified contract. In accordance with paragraph 4 of article 12 of the Law, the register of unscrupulous participants in public procurement is a list of: 1) potential suppliers or suppliers who provided false information on qualification requirements and (or) documents affecting the competitive price offer; 2) potential suppliers identified by the winners who evaded the conclusion of a public procurement contract; 3) suppliers who did not fulfill or improperly fulfilled their obligations under public procurement contracts concluded with them. purchases.
At the same time, paragraph 5 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 14, 2012 No. 5 "On the application of legislation on public procurement by courts" stipulates that when considering claims for recognition of suppliers who have failed to fulfill or improperly fulfilled their obligations under public procurement contracts concluded with them., by unscrupulous participants in public procurement, the courts must take into account the supplier's guilt as the basis of civil liability in accordance with Article 359 of the Civil Code and the resulting 3 negative consequences for the customer, based on the criteria of fairness and reasonableness in accordance with Part 6 of Article 6 of the CPC. The court, taking into account the actual fulfillment by the supplier of the previously agreed conditions under the new public procurement contract, the absence of negative consequences for the plaintiff, based on the criteria of fairness and reasonableness, considers it necessary to reject the plaintiff's claims to recognize the defendant as an unscrupulous participant in public procurement. Guided by articles 223-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED: To refuse to satisfy the claim of the municipal state institution "Office of the Akimat of Atyrau region" to the limited liability company "ZHL" for recognition as an unscrupulous participant in public procurement.
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
