Violations of public procurement rules in setting qualification requirements and conditions for potential suppliers

The Department continues its work to identify and suppress violations of public procurement legislation aimed at ensuring legality, transparency of procedures, and equal participation conditions for all potential suppliers.

According to the Law of the Republic of Kazakhstan “On Public Procurement,” contracting authorities are not entitled to establish qualification requirements that restrict or unreasonably complicate the participation of potential suppliers in public procurement procedures. It is also not allowed to impose requirements that do not directly arise from the need to fulfill obligations under the public procurement contract.

These provisions are aimed at ensuring fair competition, equal access of participants to procurement processes, and creating transparent conditions for all potential suppliers.

During desk (cameral) control, cases have been identified in tender documentation where procurement organizers from central government bodies, local executive bodies, and quasi-public sector entities set unjustified requirements that restrict competition. As a result, 224 violations were identified over the first 5 months of 2026, totaling 21.3 billion tenge.

In particular, contracting authorities requested equipment with exact technical specifications, specialized machinery not required for the execution of the procured works and services, as well as unclassified material resources that do not fall under recognized material resources.