On January 1, 2016, a new law on public procurement and rules for public procurement came into force, which, unlike the old law on public procurement, contains an entire Chapter 9 “Appeal”, consisting of 2 articles (art. 47 procedure for appealing actions and art. 48 procedure for filing a complaint).
The subjects of the public procurement system are: a potential supplier, supplier, customer, organizer of public procurement, a single organizer of public procurement, a single operator in the field of public procurement, an authorized body, an expert.
A single operator in the field of public procurement is a legal entity determined by the authorized body in the field of public procurement, the sole owner of shares of which is the state.
An authorized body in the field of public procurement is a state body that exercises leadership in the field of public procurement, which is the Financial Control Committee of the Ministry of Finance of the Republic of Kazakhstan and its local territorial bodies.
A potential supplier has the right to appeal against actions (inaction), decisions of the customer, the organizer of public procurement, a single organizer of public procurement, commissions, an expert, a single operator in the field of public procurement, if their actions (inaction), decisions violate his rights and legitimate interests.
If a potential supplier appeals these actions (inaction) to the authorized body no later than five working days from the date of placing the protocol on the results of public procurement by means of a tender (auction), the term for concluding a public procurement contract shall be suspended until the end of the period for considering the complaint.
After the expiration of the specified period of five working days, the appeal of actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, an expert, a single operator in the field of public procurement is carried out in accordance with the laws of the Republic of Kazakhstan.
The complaint in the specified body is considered within ten working days from the date of its receipt, the authorized body, no later than one business day from the date of receipt of the complaint, sends a notification to the customer about the suspension of the conclusion of the public procurement contract.
KLF, no later than 1 business day from the date of receipt of the complaint, sends a notification to the customer about the suspension of the conclusion of the public procurement contract.
After considering the received complaint, the authorized body makes a decision to cancel or refuse to cancel the results of public procurement, then the decision of the authorized body, made based on the results of the consideration of the complaint, can be appealed in court in accordance with the legislation of the Republic of Kazakhstan.
According to Art. 48 of the Law of the Republic of Kazakhstan on public procurement, a complaint against actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, an expert, a single operator in the field of public procurement to the authorized body must contain: the name, location of the legal entity, actions ( inaction), whose decisions are appealed;
name, location of the person who filed the complaint;
information on public procurement, within the framework of which violations of the legislation of the Republic of Kazakhstan on public procurement were committed; the appealed actions (inaction), decisions of the customer, the organizer of public procurement, the single organizer of public procurement, commissions, an expert, a single operator in the field of public procurement. If necessary, documents confirming its validity are attached to the complaint. The complaint is signed by the person submitting it or his representative. The complaint filed by a representative must be accompanied by a power of attorney or other document certifying the authority of the representative. The complaint is returned to the person who submitted it without consideration within two working days from the date of receipt if: 1) the complaint does not meet the requirements established by this article; 2) the complaint is not signed or signed by a person who does not have the authority to sign it.