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Home / Laws / Article 25. Appeal against actions (inaction), decisions of the customer, the organizer, the single organizer, the expert commission (expert) The Law on Public Procurement

Article 25. Appeal against actions (inaction), decisions of the customer, the organizer, the single organizer, the expert commission (expert) The Law on Public Procurement

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 25. Appeal against actions (inaction), decisions of the customer, the organizer, the single organizer, the expert commission (expert) The Law on Public Procurement

 

     1. A potential supplier has the right, through the web portal, to appeal against the actions (inaction), decisions of the customer, the organizer, the single organizer, the expert commission (expert), if their actions (inaction), decisions violate the rights and legitimate interests of the potential supplier, within three working days from the date of posting the protocol on the results of public procurement by means of a tender, auction.

     In case of appeal of actions (inaction), decisions of the customer, the organizer, the single organizer, the expert commission (expert), the term of conclusion of the contract is suspended until the end of the term of consideration of the complaint.

     2. The customer, the organizer, the single organizer, within three working days after the date of expiry of the time limit for filing a complaint provided for in paragraph 1 of this Article, shall decide whether to satisfy or refuse to satisfy the complaint.

     3. The decision of the customer, the organizer, the single organizer, adopted as a result of consideration of the complaint, may be appealed to the court in accordance with the legislation of the Republic of Kazakhstan.

     At the same time, appealing against the decision of the customer, the organizer, or the single organizer in the framework of administrative proceedings does not suspend public procurement procedures.

     4. The procedure for filing and considering complaints is determined by the rules of public procurement.

     5. The requirements for submitting and reviewing a complaint through the web portal do not apply to public procurement using a special procedure.

     6. The pre-trial dispute settlement procedure provided for in this article is mandatory.

     7. The results of public procurement, for which the winner of public procurement is determined automatically by the web portal, are not subject to appeal in accordance with the procedure provided for in this article.

The Law of the Republic of Kazakhstan dated July 1, 2024 No. 106-VIII The Law of the Republic of Kazakhstan. 

President    

Republic of Kazakhstan     

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