The national chamber of entrepreneurs


Price of an error - tarnished reputation

28 October 2016 - Kostanay Region
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Because of an error of an accountants of the rural Akimat, a Kostanay company was recognized an unfair participant of public procurement

It was possible to restore the reputation of the company only in court, with the support of the Chamber of entrepreneurs.

In the spring of 2016 the consulting firm “Profi Escort” won the tender for the provision of services on the installation of licensed software "1C" for rural Akimat in the village of Shevchenko of Zhitikarin district. According to the rules, the rural administration had to send to the entrepreneur a draft contract with certified digital signature of the public procurement portal, within five working days upon selection of the winner.

However, in fact the contract was sent six days later, not on 15th, but on 21st of March - a holiday, a day off. Because of this, the company automatically was enrolled in the register of unfair participants in the public procurement portal. The tender was won by another entrepreneur. The head of the company “Profi Escort” appealed to the court for the exclusion from the registry.

"The court of the first instance refused us. Interestingly, the accountant of the akimat during the trial admitted her error, because at that time she was just hired to this job and was just settling in. But these arguments were not taken into account", - says Ilya Grachev, director of the company.

At the same time the company has not just lost the state order. Due to the presence in the registry, two former partners refused to cooperate with it. It incurred losses and a desire for justice forced it to ask for help at the Chamber of entrepreneurs.

"The Chamber helped us a lot. We appealed and eventually won the case. Now we wait for the writ of execution with the help of which procurement department will exclude us from the register. As for the district akimat, we will continue to cooperate with it, as we know that there was no malicious intent, it was a banal human factor. By the way, the former accountant doesn’t work there anymore", - said Ilya Grachev.

Since the beginning of 2016 the Chamber of Entrepreneurs of Kostanai region received 166 complaints on the facts of the protection of rights and legal interests of business. 97 of them were resolved positively.

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