Not long ago, the editorial board of FBRK reported that the akimat of Almaty had signed a number of contracts for “ensuring road safety”, which became a subject of disagreement between three major construction companies.
Our editorial board sent an official request to the Ministry of Finance, where we were told about the legal proceedings that arose in connection with the disputed public procurement.
To remind you, we are talking about two contracts for a total amount of approximately 2.6 billion tenge. The main scope of work under these agreements includes the installation and restoration of road signs, as well as the application of road markings.
The supplier for these contracts was initially determined to be SpetsTradeTM LLP, which won the open tenders.
However, following complaints from other participants, the commission reviewed the results and rejected the application of SpetsTradeTM LLP, citing non-compliance with the tender requirements.
Subsequently, the contracts were concluded with other suppliers - SMEU Almaty LLP and Ejector-SK LLP.
However, soon the appellate commission of the Ministry of Finance recognised that the application of SpetsTradeTM LLP had been rejected without justification.
Nevertheless, the agreements with the companies SMEU Almaty LLP and Ejector-SK LLP have still not been terminated, and SpetsTradeTM LLP is still unable to commence work.
Based on the response from the Ministry of Finance, after the company SpetsTradeTM LLP succeeded in having the rejection declared unlawful, the audit was carried out again.
As a result, it was found that the public procurement was conducted with violations. However, the Ministry does not specify what exactly these violations are.
The companies SMEU Almaty LLP and Ejector-SK LLP repeatedly tried to challenge the results of the inspection, but they did not achieve much success in this matter.
The main reason is that the companies could not challenge the order, as it was addressed to the client – the Almaty City Mobility Department – and not to the contractors.
Currently, the complaint of Ejector-SK LLP is being reviewed by the Supreme Court.
It turns out that the process of terminating the contracts is indeed underway, but through the official procedures of state audit and legal proceedings, which explains its slowness.
However, the main question is how this situation will affect actual road safety in Almaty.
We also asked the Ministry of Finance this question, but we never received an answer.
We can assume that the legal battles and un-terminated contracts are slowing down the implementation of projects, causing inconvenience not only to the disputing parties themselves, but also to the city residents, whose safety on the roads directly depends on the timely resolution of these issues.