Procurement of Works as Intellectual Property Objects

Procuring any works as intellectual property items, other than adjustments to preliminary or project-estimate documentation by the entity that developed said documentation, through sole-source procurement by direct contract based on Subparagraph 3) of Paragraph 3, Article 39 of the Public Procurement Law of Kazakhstan, constitutes a direct violation of public procurement laws.

To identify such violations, one must review the procurement plans of organizations and find instances where procurements are planned from a single source through direct contract. Subsequently, an assessment should be carried out to identify any works not related to the adjustment of preliminary or project-estimate documentation.

For the identification of such violations, the public module “Analysis of Public Procurements in Kazakhstan” can be used:

1. Open the main vertical menu on the left, choose “Analytics,” and then select the sub-section “Non-Competitive Procurements.” Next, on the “Rating” chart, click on the small triangle next to the vertical word “Regions” to open a dropdown menu. Here you can select “Justification for Procurement Method,” and choose “Subparagraph 3, Paragraph 3” from it. In the top-right corner of the page, next to the “Settings” icon, you’ll find a filter where you can select “Commodity, Works, Services Description” (CWS). This will produce a filtered list based on the justification for procurement and the CWS name.
2. Verify the results for the presence of works not related to the adjustment of preliminary or project-estimate documentation.

For a more detailed understanding of how to work with the business analytics module for public scrutiny, you can refer to the webinar materials on “Public Monitoring of Public Procurements in Kazakhstan” (module instruction from 1:52:02 to 2:16:00).