Public procurement is an integral part of implementing government objectives and ensuring the efficient use of budgetary funds. One of the methods for conducting public procurement is through single-source procurement by directly concluding a contract. The use of this method requires strict compliance with the provisions of the Law on Public Procurement of the Republic of Kazakhstan (hereinafter – the Law). Special attention should be paid to obtaining an opinion from the antimonopoly authority in certain cases.
According to the Law, when public procurement is carried out from a single source under subparagraphs 2), 26), and 31) of paragraph 3, Article 16 of the Law, it is mandatory to have an official opinion from the authorized antimonopoly authority confirming the absence of private business entities in the market that produce similar goods, perform similar work, or provide similar services.
When applying the single-source procurement method by directly concluding a contract under the aforementioned subparagraphs, contracting entities must attach the opinion of the antimonopoly authority confirming the absence of private business entities producing similar goods and services to the justification files.
During compliance audits (camberal control), if the opinion of the antimonopoly authority is missing from the justification files in accordance with subparagraphs 2), 26), and 31) of paragraph 3, Article 16 of the Law, the Department of Internal State Audit issues a notice to eliminate violations identified based on the results of the compliance review under risk profile No. 10.
Since the beginning of 2025, during compliance monitoring of single-source procurements, the Department has issued 101 notices under risk profile No. 10, of which 22 were due to the failure to provide the antimonopoly authority’s opinion, covering a total procurement amount of 497 million KZT.
It is important to note that the requirement for an antimonopoly opinion applies only in strictly limited cases explicitly provided for by law — for example, in procurements from organizations supporting the activities of national security agencies or election commissions.
Compliance with all procedures prescribed by legislation when carrying out single-source procurement, especially with regard to obtaining an opinion from the antimonopoly authority, is a critical element of legality and transparency in the procurement process. Non-compliance with these requirements may lead to not only legal consequences but also other negative implications.
In conclusion, the Department, as a financial oversight body, ensures more efficient use of public resources and fosters the development of fair competition.