Use of Sole Source Exclusions in Procurement
The most common violation is the incorrect use of justifications for entering into sole-source contracts.
As of May 2023, subparagraphs 2, 6, 8, 10, 13, 14, 15, 19, 34, 37, 38, 49 of Article 39 have been excluded from the justifications for sole-source procurement under the Law on Public Procurement of the Republic of Kazakhstan.
For a quick search of such violations, you can select “Sole Source Procurement…” in the “Analysis of Kazakhstan’s Public Procurements Data” module’s filter and specify the current fiscal year.
Responsible institutions
Department of Appeals for Internal Government Auditing under the Ministry of Finance of the Republic of Kazakhstan
010000, Astana city, Mangilik El avenue 8, 'Government House,' entrance 4
gov.kz/memleket/entities/minfin/about/structure/departments/leadership/4304/1?lang=enInternal Government Audit Committee of the Ministry of Finance of the Republic of Kazakhstan (IGAC)
Oversight of Compliance with the Republic of Kazakhstan’s Procurement Legislation, including Desk Audits
010000, Nur-Sultan city, Zhenis Avenue, 11.
gov.kz/memleket/entities/kvga/about/structure/departments/leadership/1188/1?lang=ruRegional Internal Audit Departments of the Republic of Kazakhstan (RIADs)
Territorial Divisions of the Internal Government Audit Committee of the Ministry of Finance of the Republic of Kazakhstan
Conducting Scheduled On-Site Audits
010000, Nur-Sultan city, Zhenis Ave, 11.
gov.kz/memleket/entities/kvga/about/structure/100/1?lang=ruPurchasing examples
Purchase of gasification and landscaping work, justified under subpoint 4, paragraph 3, Article 39.
"A notable case is a 298 million tenge tender for school gasification that was carried out without competition," says a civil activist. Possibly, in the opinion of the Housing and Communal Services Department of Local Authorities, an emergency situation occurred. Perhaps, tudents went on strikes, which required immediate gasification of schools and, consequently, allocation of funds without holding a competition?"
In this context, the improper or unjustified use of sole-source contracts remains a key issue. Monitoring of procurement methods and quick identification of irregularities, particularly with the updated legislative changes, becomes essential to ensure fairness and competitiveness in public procurement processes.