Statement of claim to the court for invalidation of the contract on public procurement of works
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To the Specialized Interdistrict Economic Court of the Almaty region
From the plaintiff:
Plaintiff's representative: LLP ____________ BIN ____________ Phone: ____________ email address: ____________
Law and Law Law Company LLP BIN 190240029071
79/71 Abylai Khan Ave., office 304, Almaty info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 978 5755; +7 700 978 5755
Respondent-1: LLP ____________ BIN ____________ Address: ____________ Phone: ____________
Respondent-2: State Institution "Public Procurement Department of Almaty region"
Defendant-3: State Institution "Construction Department of Almaty region"
Statement of claim
on the recognition of the contract on public procurement of works № ____________ from ____________ invalid In the period from September 04, 20__ to September 27, 20__ of the State Institution "Public Procurement Department of the Almaty region" (hereinafter referred to as the Organizer) held an electronic contest №____________ " Construction and installation work on the project "Construction of a sports and recreation complex in the village of Chunja, Uygur district, Almaty region" (hereinafter referred to as the Competition). According to the protocol on the results №____________ on October 01, 20__, LLP was determined the winner ____________, a potential supplier who took the second place. ____________, On 07.10.20__, we filed a complaint with the RSU "Department of Internal State Audit for the Almaty region of the Internal State Audit Committee of the Ministry of Finance of the Republic of Kazakhstan" (hereinafter referred to as the Department) against the Organizer's decision based on the results of the Competition. The fact is that in the information about the qualifications of the LLP ____________ indicates the presence of experience in the construction of the following facilities: 1. "Construction of Ulykbek secondary school No. 29 for 600 students in Akniet village, Kaplanbek village, Saryagash district of South Kazakhstan region" position.4; 2."Construction of secondary school No.136 for 600 students in the village of Dastan in the village of Kurkeles in the Saryagash district of South Kazakhstan region" position.6.
Statement of claim to the court for invalidation of the contract on public procurement of works
However, in another electronic competition №____________ " Major repairs of the courtyards of the Bostandyk district of Almaty" the same facilities are listed as: 1."Construction of Ulykbek secondary school No. 29 for 300 students in Akniet village, Kaplanbek village, Saryagash district of South Kazakhstan region"; 2."Construction of secondary school No.136 for 300 students in Dastan village, Kurkeles village, Saryagash district of South Kazakhstan region". Moreover, in the tender documentation of the LLP ____________ Encloses the Certificate of acceptance of the facility for the construction of Ulykbek Secondary School No. 29 for 600 students in Akniet village, Kaplanbek village, Saryagash district of South Kazakhstan region. On page 2 of this act, you can see that the object is listed as "Construction of Ulykbek Secondary school No. 29 for 300 students in Akniet village, Kaplanbek village, Saryagash district of South Kazakhstan region." Thus, the potential supplier of the LLP ____________ in order to receive a conditional discount, he provided false information. According to paragraphs 1) of Article 2 of the Law of December 4, 20__, No. 434-V "On Public Procurement" (hereinafter referred to as the Law), false information is false information contained in the application of a potential supplier for participation in a tender, as well as corrections that distort the actual content and do not correspond to the validity of the submitted application. a potential supplier.
Paragraph 138 of the Rules for Public Procurement establishes that a potential supplier is not allowed to participate in the tender (recognition as a participant in the tender) after bringing applications for participation in the tender in accordance with the qualification requirements and the requirements of the tender documentation, if: 1) he and (or) the subcontractor (co-executor) involved by him are determined not to meet the qualification requirements and conditions of the tender documentation on the grounds defined by the Law and the Rules for Public Procurement; 2) he violated the requirements of Article 6 of the Law. In the Department's response no. ex: ____________ Dated 10/22/20__, it was indicated that regarding the false information, the Department sent a letter to the Organizer for consideration on the merits and taking appropriate measures provided for in Article 11 of the Law of the Republic of Kazakhstan "On Public Procurement". In accordance with paragraph 1 of Article 10 of the Law, a potential supplier is recognized as not meeting the qualification requirements for one of the following reasons:: 1) failure to submit a document(s) to confirm compliance with the qualification requirements of a potential supplier and (or) a subcontractor (co-executor) of works or services engaged by him; 2) establishing the fact of non-compliance with qualification requirements based on the information contained in the documents provided by the potential supplier to confirm its compliance; 3) establishing the fact of providing false information on qualification requirements.
According to the second paragraph of paragraph 13 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", the submission by the bidder of documents containing incomplete and (or) unreliable information is the basis for rejecting the application, regardless of whether the tender commission has the opportunity to request information about the participant. In accordance with paragraph 1 of Article 11 of the Law, potential suppliers or suppliers who have provided false information on qualification requirements and (or) documents affecting the competitive price offer are included in the register of unscrupulous participants in public procurement in accordance with the procedure established by this Law.
According to paragraph 4 of Article 12 of the Law, in the case specified in subparagraph 1) of the first part of this paragraph, the organizer of public procurement, the customer must, no later than thirty calendar days from the day when they became aware of the fact that a potential supplier or supplier violated the legislation of the Republic of Kazakhstan on public procurement, file a lawsuit with the court for recognition of such a potential a supplier or supplier by an unscrupulous participant in public procurement. In accordance with clause 150 of the Rules of Public Procurement, a potential supplier is not allowed to participate in the tender (cannot be recognized as a participant in the tender) if: the fact of providing false information on qualification requirements is established. However, despite the Department's letter, the Organizer, instead of taking the measures provided for in Article 11 of the Law in relation to the LLP ____________ identified the LLP as the winner of the competition ____________ By his actions, the Organizer grossly violated the requirements of Articles 11 and 12. The law. On October 25, 20__, the State Institution "Construction Management of the Almaty region" concluded with LLP ____________ Contract on public procurement of works № ____________ ( next is the Contract).
Statement of claim to the court for invalidation of the contract on public procurement of works
According to paragraph 11 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of the application by courts of the norms of Chapter 29 of the Civil Procedure Code of the Republic of Kazakhstan", it is clarified that, in accordance with Article 65 of the Law on Legal Acts, a decision of a state body or a local government body in the form of a legal act of individual application may be appealed if such an act has not terminated in in connection with the execution of the instructions (requirements) contained therein. If a civil law transaction is concluded on the basis of a legal act of individual application, then the contested transaction, for example, a contract for the performance of works (services) based on the results of a tender, is subject to appeal in the order of claim proceedings. If a transaction is declared invalid on grounds of non-compliance with the requirements of the law, the reasoning part of the decision must indicate the conclusions of the court on the illegality of the decision that served as the basis for concluding the disputed transaction.
Also, paragraph 12 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application of legislation on public Procurement by Courts" states that, in accordance with paragraph 3 of Article 8 of the Law of the Republic of Kazakhstan "On Administrative Procedures" dated November 27, 2000 (hereinafter referred to as the Law on Administrative Procedures), a legal act may be suspended, amended or cancelled by the state body that adopted this legal act, a higher state body or a court. In this regard, before the entry into force of the public procurement contract, the tender and auction commission has the right to cancel or amend decisions taken in the public procurement process upon the submission (resolution) of the authorized body, state control bodies, and the prosecutor's office. After the entry into force of the public procurement contract, the decisions of the tender and auction commission cease to be effective in accordance with paragraph 2 of Article 8 of the Law on Administrative Procedures, and the public procurement contract is subject to appeal in court proceedings.
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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