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Oh, these state procurements!

13 February 2017 - Atyrau Region
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The sphere of the state procurements remains a problem for business
This was stated at a regular meeting of the Council on the protection of the rights of entrepreneurs under the Chamber of Entrepreneurs of Atyrau region. Due to various problems encountered in the process of participation in public procurement, several businesses have suffered.

Individual businessman Salavat Iseev today is in the list of unscrupulous suppliers. The reason – he did not to put his signature at the right time. Businessman believes that it is necessary to make changes in the procedure of recognition of entrepreneurs as unscrupulous suppliers.

"I won the bid in state procurements, however, I did not sign the contract within 3 days, I was automatically included in the register of unfair suppliers. I do not understand why in some cases entrepreneurs are included in the register of unscrupulous suppliers upon the issue of a court decision, and in others - by the decision of the authorized body. The human factor is absolutely not taken into account, the system in case of failure to fulfill certain requirements automatically puts you in the so-called "black list". What if a person becomes ill or had other valid reasons? I believe that it is necessary to remove such a mechanism. A court decision - I agree, because then you can present the prove", - said the businessman.  

"The authorized body to which points the entrepreneur is the Ministry of Finance. By the decision of the authorized body, the entrepreneur is automatically entered in the register of unfair suppliers in the computer database, in case he refuses to sign the public procurement contract. When you participate in public procurement, you automatically agree with the rules of public procurement", - he tried to explain the representative of the competent authority at the local level - the head of the department of the control of public procurement of Atyrau region Altynay Bekova.

A sole proprietor Aygerim Shingisova due to problems encountered during the participation in the tender for the last three months defends her rights in the court.
"I won a tender for 28 lots, the contracts were sent for signing, but after withdrawn. The reason - the state Department of Internal Audit forwarded a notice to rectify breaches on the part of the organizer of the tender, on the basis of which the protocol of the tender was canceled. I filed a lawsuit to the court, but the court of first instance dismissed the case. Then, a private complaint was filed, the appellate court refused to satisfy it. Now there was only the Supreme Court. I addressed to the National Anti-Corruption Bureau, and the prosecutor's office of Atyrau region, but so far there are no results, "- said Aygerim Shingisova.

 A similar situation with LLp "SPC ECO Analyst". According to the Acting Director of the company Ruslan Nietov, during their participation in the tender application was rejected on the second stage of the competition.

"The first step we passed, but on the second - our application was rejected, explaining that the department of internal audit of the state carried out an inspection and found violations in the tender documentation. Why do those violations have not been specified in the first stage of the competition, because then we could eliminate them? "- asked the businessman.

The Chair of the Council for the Protection of the Rights of Entrepreneurs under the Chamber of Entrepreneurs of Atyrau region Aliya Bekkuzhieva noted that, unfortunately, there are so examples. She herself last year, faced with a similar problem.
Head of Section of the Office of Ombudsman on protection of the rights of entrepreneurs of Atyrau region, Deputy Director of the Chamber of Atyrau region Sarsenbay Zholdybaev entrepreneurs, in turn, added that the issue has repeatedly been raised by local business entities. Currently, the work is underway on its inclusion in the Register of problematic issues of business of the National Chamber of Entrepreneurs "Atameken".

At the end of the meeting, Council members agreed that the problems occurring in the field of public procurement, pose significant obstacles to business development, so the Chamber of Entrepreneurs of Atyrau region in cooperation with the competent authorities will continue to work to address the existing problems. Meanwhile, businesses were encouraged to contact the Regional Prosecutor's Office, whose representatives expressed their willingness to listen to them and to assist in the framework of the law.


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