Kazakhstan

Fragmentation in the Legal and Regulatory Framework

• Issue: Public procurement regulations are fragmented across multiple legal instruments, leading to inconsistencies in implementation​.
• Recommendations:
  • Harmonize procurement regulations to ensure consistency across different levels of government.
  • Clarify procurement rules, particularly regarding exceptions and special procurement procedures.

Lack of a Sustainable Public Procurement (SPP) Policy

• Issue: There is no standalone policy promoting sustainable public procurement, and sustainability criteria are not systematically applied​.
• Recommendations:
  • Introduce a comprehensive SPP policy, initially incorporating life-cycle costing principles.
  • Integrate environmental, social, and governance (ESG) considerations into procurement processes.

Unclear Legal Provisions for Contract Management

• Issue: The legal framework lacks clarity on the organization of contract management responsibilities​.
• Recommendations:
  • Define contract management roles and responsibilities in the legal framework.
  • Establish regulatory requirements for measuring contract implementation performance.

Absence of a Government Strategy for Procurement Capacity Development

• Issue: There is no overarching strategy to develop procurement capacity and professionalize the procurement workforce​.
• Recommendations:
  • Conduct a skills gap assessment and develop a structured procurement training program.
  • Establish certification and accreditation requirements for procurement professionals.

Lack of Performance Monitoring and Evaluation System

• Issue: The procurement system lacks a performance measurement framework, making it difficult to assess procurement efficiency and effectiveness​.
• Recommendations:
  • Develop Key Performance Indicators (KPIs) to evaluate procurement system performance.
  • Utilize data analytics to monitor procurement trends and improve decision-making.

Weak Coordination Between Procurement Oversight Bodies

• Issue: The roles of different procurement regulatory and oversight bodies are not well-coordinated, leading to inefficiencies​.
• Recommendations:
  • Clarify institutional mandates to avoid duplication of functions.
  • Strengthen inter-agency cooperation to improve procurement governance.

Limited Strategic Planning in Procurement

• Issue: There is no structured, strategic approach to procurement planning, affecting market engagement and value for money​.
• Recommendations:
  • Introduce systematic market analysis to guide procurement strategies.
  • Reduce the extensive use of single-source procurement by strengthening competitive procurement methods.

Barriers to Competition in Public Procurement

• Issue: The procurement system limits competition, particularly for foreign suppliers, due to registration fees and administrative barriers​.
• Recommendations:
  • Remove unnecessary administrative burdens on suppliers.
  • Increase access to procurement opportunities for foreign and SME suppliers.

Limited Use of Value-for-Money Criteria in Bid Evaluations

• Issue: Procurement decisions are often based on lowest price rather than overall value-for-money principles​.
• Recommendations:
  • Introduce methodologies that integrate price and non-price factors in bid evaluations.
  • Train procurement officials on value-for-money assessments and risk management.

Limited Public Access to Procurement Information

• Issue: While e-procurement has improved transparency, certain procurement data remains inaccessible to the public​.
• Recommendations:
  • Expand open-access procurement data platforms to enhance transparency.
  • Require mandatory publication of procurement decisions and contract performance data.

Weak Civil Society Engagement in Procurement Oversight

• Issue: Civil society organizations (CSOs) have limited participation in monitoring procurement processes​.
• Recommendations:
  • Establish mechanisms for civil society involvement in procurement monitoring.
  • Provide training and resources to CSOs to strengthen their oversight capacity.

Need for Stronger Anti-Corruption Measures in Procurement

• Issue: Existing anti-corruption frameworks lack clear enforcement mechanisms for procurement-related fraud and misconduct​.
• Recommendations:
  • Strengthen enforcement of sanctions for fraudulent procurement practices.
  • Improve whistleblower protections to encourage reporting of procurement irregularities.