Statement to the Prosecutor General of the Republic of Kazakhstan
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Prosecutor General of the Republic of Kazakhstan Nurdauletov Gizat Daurenbekovich
from: Limited Liability Company "............." in the person of the Director ................
address: Kyzylorda region, Kyzylorda city, .......... BEAN ......... BIC ....... IIC ..............
DB Sberbank JSC tel.: ....... email: ……………
Proxy representative: Law and Law Law Company LLP, represented by
Director General Kayshybekov Madiyar Yerbolatuly BIN 190240029071
79/71 Abylai Khan Ave., office 304, Almaty. info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
Dear Gizat Daurenbekovich!
The reason for our appeal to you is the blatant injustice and lawlessness in the field of public procurement on the part of state institutions. Thus, in the proceedings of the Judge of the Specialized Interdistrict Economic Court of the Almaty region, Zh.M. Ibragimova, there is a civil case No. 1912-19-00-2/3616 dated 08/21/2019 on the claim of LLP "_____________" to the defendants: RSU "Department of Internal State Audit for the Almaty region; Committee of Internal State Audit of the Ministry of Finance of the Republic of Kazakhstan"; State Institution "Public Procurement Department of Almaty region"; State Institution "Construction Department of Almaty region" and to "JV NEFT" LLP.
Since from June 04 to July 09, 2019, the Department of Public Procurement of the Almaty region conducted the purchase of electronic tender No. 3386266-1. 9 (nine) potential suppliers participated in the tender No. 3386266-1: Due to the numerous facts of violations of the legislation on the procedure of public procurement, as well as violations of the rights and legitimate interests of the LLP "_____________" We have filed a complaint with the Department of Internal State Audit in Almaty region. regions. Application to the Prosecutor General of the Republic of Kazakhstan. Subsequently, the Department of Internal State Audit for the Almaty region conducted a Desk inspection of announcement 3386266-1, as a result of which our arguments and requests were confirmed and partially satisfied, where the applications of many organizations were rejected, and the applications of LLP "_____________" and LLP "_____________" – admitted.
According to the revised protocol of the results of the competition commission, the Department of Public Procurement of the Almaty region conditional discount LLP "_____________" It was overestimated by 3.2%, and the conditional discount was "_____________" it was underestimated by 0.2%: 1) LLP "_____________" - 9,2 % instead of 9.4%; 2) LLP "_____________" - 9,2 % instead of 6%; The results of unjustified and illegal appropriation of conditional discounts, led to recognition by the Organizer of an improper winner of an LLP "_____________". Whereas, in reality, the Plaintiff is an LLP "_____________" the winner should have been determined based on the following circumstances: During desk control for compliance with the requirements of the legislation on public procurement regarding the rejection or admission by the competition commission of an application for participation in a competition of potential suppliers, When calculating conditional discounts, it was found that, in violation of paragraph 155 of the Rules, a conditional discount was incorrectly applied for having work experience in the market of purchased works by potential suppliers. Desk control our arguments in the complaint about the LLP "_____________" They were not studied, and they were not considered on their merits, they were not evaluated accordingly, and they were not refuted or confirmed.
Next, we present irrefutable arguments that can be easily verified and according to the results of which the tender application of the LLP "_____________" subject to rejection upon the provision of false information. In accordance with paragraphs 1) of Article 2 of the Law of the Republic of Kazakhstan "On Public Procurement", 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 of a potential supplier. In the information on qualifications in Appendix -5 on the availability of work experience for 2015, LLP "_____________" He indicated the object "Construction of a sports hall for sports sports school No. 1 in Shymkent" with an auditorium for 360 seats with landscaping." And in the state certificate of acceptance of the facility into operation, the name of the facility is indicated as "Shymkent kalasyndagi No. 1 olympiadalyk reservti mamandandyrylgan sport mektebine arnalgan sport zalyn kurylysy". In addition, in the act of completed works, the name of the facility is also indicated as "Construction of a sports hall for the specialized sports school of the Olympic reserve No. 1 in Shymkent."
Thus, the state certificate of acceptance of the facility into operation and the act of completed works, that is, do not appear anywhere, do not contain the words "with an auditorium for 360 seats with landscaping," as the supplier claims. LLP "_____________" in order to receive a conditional discount, as well as to recognize the Organizer of this facility as technically difficult of the II (normal) level of responsibility, he deliberately distorted the name of the facility, namely, he came up with information that was not indicated anywhere, and added the words "with an auditorium." for 360 places with landscaping," while the state act and acts of completed works do not confirm this information. Application to the Prosecutor General of the Republic of Kazakhstan In addition, in all acceptance certificates of completed works, the signature and seal of the Customer are missing, thus the experience of working on this facility is not confirmed and should not be counted. For 2015, LLP "_____________" He indicated the object "Construction of a kindergarten for 280 places in Astana on Kyz-Zhibek Street with engineering and communication networks and landscaping." The signatures and seals of the technical supervision and the customer are identical on all certificates of completed works, which casts doubt on the validity of these documents. For 2016, LLP "_____________" He indicated the object "Construction of a school for 150 places with engineering and communication networks and landscaping." Similarly to the previous situation, the signatures and seals of the technical supervision and the general contractor are identical on all certificates of completed work, while the signature and seal of the customer are missing from the certificates of completed work. So, for example, in the act of completed works, for April to December 2015, the signatures and seals of the technical supervision and the general contractor are identical in the location of the level, which is virtually impossible. For 2018, LLP "_____________" specified the object:
"Completion of the construction of a 9-storey building "512-bed dormitory of S.D. Asfendiarov National Medical University JSC, located at 113a Kurmangazy St., Almaty. According to the act of state acceptance and the act of completed works, the name of the facility is indicated as: "Work on the completion of the construction of the 512-bed Dormitory facility of National Medical University JSC, located at 113a Kurmangazy St., Almaty." "_____________" performed the interior and exterior decoration of the building. They did not carry out work on the construction of load-bearing and (or) enclosing structures of buildings and structures. This object is not considered because it is not a new construction object. According to the subject of the competition, only new construction projects are considered. In accordance with paragraph 5 of the Note in Appendix 5, Information on qualifications to the tender documentation of the Rules for Public Procurement, approved by Order No. 648 of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015, if the subject of the tender is new construction, the experience of work only on the construction of new facilities is taken into account. for 2014, LLP "_____________" The object is indicated: "Construction of a kindergarten for 240 places in the area of the intersection of Aynakol and Mirzoyan streets in Astana with engineering and communication networks and landscaping." The year of completion of the facility is indicated as 2014, December.
However, according to information from official sources, from the website of the Akimat of Nur-Sultan (http://astana.gov.kz/ru/news/news/4192 ) and from the Website Zakon.kz (https://www.zakon.kz/4768562-v-gu-upravlenija-stroitelstva-goroda.html ) this facility was put into operation by the end (December) of 2015.
Thus, the Defendant is an LLP "_____________" the certificate of acceptance of the facility for operation "Construction of a kindergarten for 240 places near the intersection of Aynakol and Mirzoyan streets in Astana with engineering and communication networks and landscaping" was forged by illegally making changes in 2015 to 2014 one year in order to receive a conditional discount of 1%. The Act of the State Acceptance Commission on the acceptance of the constructed facility into operation has the seal of the Department of Justice of Astana with the date 03/29/2016. Also in this act, the chairman indicated the date 08.09.2015. This indicates that this facility was built and commissioned in 2015. for 2019, the defendant is LLP "_____________" The object is indicated: "Construction of a kindergarten for 120 places on the territory of linguistic gymnasium No. 18, located at 38 Radostovets St., Almaly district of Almaty." According to paragraph 2 of Appendix 5 "Qualification information", the potential supplier indicates: The amount of work performed by the potential supplier over the PAST ten years, similar (similar) to those purchased at the tender, accompanied by electronic copies of supporting documents (to be filled in if available). 2019 is THE CURRENT YEAR, NOT THE LAST, and it is not completed.
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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