The Department of Internal State Audit for the Pavlodar Region of the Committee of State Audit of the Ministry of Finance of the Republic of Kazakhstan continuously conducts desk control over compliance with legislation in the field of public procurement.
During the control over compliance with legislation in the field of public procurement, isolated cases of unjustified establishment of qualification requirements for potential suppliers, including the requirement for a category 1,2 license by procurement organizers, have been identified.
For example, the State Institution "Secondary School No. 21 of the City of Pavlodar" posted a notice for the procurement of work on the current repair of loudspeaker warning systems. In this case, the Customer set a qualification requirement in the tender documentation in the form of a labor resource — "Electrician — 2 persons".
However, this requirement does not comply with the norms of the Rules for Public Procurement. In particular, establishing a qualification requirement regarding the availability of labor resources is unlawful, as the provision of the corresponding service is subject to licensing.
The presence of a license already confirms the supplier's qualification and its staffing, which is why the requirement for labor resources contradicts the current legislation.
Establishing excessive or unlawful qualification requirements limits the access of bona fide participants to procurements, violates the principles of equality and open competition, and may also entail administrative measures against the procurement organizer.
Regarding the facts of such violations, the Department takes appropriate response measures. These measures are preventive in nature and aimed at preventing violations, as well as ensuring compliance with the principles of legality and openness in procurement.
The Department continues systematic work on monitoring and analyzing public procurement procedures to enhance their transparency and efficiency.