|Diagnostic Report Kazakhstan|
The Diagnostic Report has been prepared under the EBRD UNCITRAL Initiative started in 2011 for the purpose of promoting public procurement reform in CIS countries and Mongolia. Essentially, the Report presents findings and recommendations based of the legal analysis of the national public procurement legal and institutional framework in Kazakhstan, completed on the basis of the legislation in force in June 2013
The Report confirms that public procurement reform in Kazakhstan is progressing, with visible improvement of public procurement regulatory framework. While not achieving a perfect score yet, the public procurement regulatory and institutional framework are in the process of constant advancement.
This all demonstrates a strong commitment by the Kazakhstan’s government to modernise its public procurement framework in line with best international practices and sets up a solid basis for further reform efforts, in particular in the areas which have been identified as requiring attention.
Providing robust regulation of all three phases of public procurement, including proper contract management within the post-tendering phase, and promoting uniformity of treatment of all public procurement by limiting coverage exceptions to those strongly needed and justified, as well as ensuring fair competition among domestic and international bidders should be another priority in the sector policy making. Furthermore, a procedure for electronic reverse auctions currently used under the PPL need to be aligned with international standards. Achieving best value for money in public contracting should be another goal of the public procurement framework. Further development of the eProcurement platform to ensure well-coordinated processes and real-time recording of all procurement decisions would be another area requiring further efforts of the government. Establishing an independent regulatory body as well as an independent review body should be a clear priority for the government in enhancing the country’s institutional framework.
The 2011 UNCITRAL Model Law reflects international best practice and might serve as a guiding point for the government of Kazakhstan in its efforts to modernise the national framework and open access to wider international markets through offering compliance with the 2012 WTO GPA. Not yet being a member or observer of the WTO GPA, Kazakhstanplans to start the process, and compliance with the WTO GPA minimum standards to the public procurement framework is one of the prerequisites to accession.