And again victory!
With the assistance of RCE, an entrepreneur retained the state order worth more than 50 million tenge
Finally, the disputes around this asset of public procurement have finished. Earlier, the experts of the Chamber of entrepreneurs were able to prove the invalidity of recognition of qualification requirements of LLP "Ortoprot", engaged in the manufacture of prosthetic and orthopedic products. Then the reason was the fact that the organizer of public procurement unreasonably modifies the conditions of competition and establishes the additional non-prescribed requirements. As a result, LLP became the owner of the state order for the sum of 50 135 million tenge.
Now, another participant of the competition put forward a claim for rescission of the results. Claimant explained the demands, according to which the goods of LLP firm "Ortoprot" had to undergo compulsorily registration with the state.
However, experts of RCE found that prosthetic and orthopedic devices are not subject to state registration in connection with the fact that are made for persons with disabilities on individual orders taking into account the anatomical features. This fact has become a powerful argument in this issue.
As it was explained by the expert of the department on protection of the rights of entrepreneurs and reduction of administrative barriers of RCE Seyfolla Kasymkanov, the plaintiff is not entitled to demand the dissolution of the concluded contract.
"The applicant is neither a party to the contract nor the competent authority, so its claims are inappropriate. Termination is possible only by agreement of the parties. In connection with this LLP "Ortoprot" fully reserves the right to this state order", - said the expert.