Disputes of state and corporate procurement
One of the most important areas of practice for lawyers at the BRACE Law Firm is the provision of legal services in the field of dispute resolution of state and corporate procurement. In our practice we face with different types of dispute resolution in the field of state and corporate at different stages of dispute resolution, including pre-trial and judicial.
Disputes in public and corporate procurement
State and corporate procurements are specific legal institution, which is regulated not only by the norms of the Civil Code of the Russian Federation, but also by special legal acts, including the Federal Law dated 05.04.2013 No. 44-FZ «On the contract system in the field of procurement of goods, works, services to ensure state and municipal needs”, as well as the Federal Law of 18.07.2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities”.
The main difference between state and municipal contracts from ordinary civil law contracts is that the customer are state and municipal organizations, companies with state participation. For this reason, the executors under state and municipal contracts are placed in the situation where the means of protecting their interests are quite limited and in practice come down only to judicial protection or protection by contacting the authorities of the Federal Antimonopoly Service of the Russian Federation.
Types of public and corporate procurement disputes
- Disputes about the recognition of illegal decisions and orders, actions (inaction) of the bodies of the FAS Russia
- Disputes about the conclusion of state and municipal contracts
- Disputes regarding the recovery of forfeit and loss in the process of public and corporate procurement
- Disputes over the acceptance of procurement results in public and corporate procurement
- Disputes on the termination of contracts and agreements in the implementation of public and corporate procurement
- Challenging decisions on entering the company in the Register of Unscrupulous Suppliers (RNP).
- Debt collection under state contracts
- Representation of interests of a procurement participant in the FAS Russia when filing complaints about the violation of the law during the procurement procedures
The procedure for the consideration of disputes in the field of public and corporate procurement
When resolving public procurement disputes, procurement participants are encouraged to start by contacting the Federal Antimonopoly Service, which acts as the controlling body for state customers. Moreover, recourse to the court is also not prohibited. However, the advantage of contacting to the Federal Antimonopoly Service is the more opportunity to suspend the procurement process, and higher speed of consideration and resolution of the dispute.
In the text of the complaint, it is important to pinpoint the requirement. For example, to issue an order to the state customer to cancel the procurement procedure, to amend the procurement documentation, or to suspend the conclusion of a contract and so on. It is important to note that filing a complaint with the FAS Russia does not deprive procurement participants of resorting to the defense of their rights in court.
To appeal to the court, both the state customer and the procurement participant / contractor need professional preparation of a statement of claim, as well as the formation of the evidence base and building a position to be expressed in court (depending on the opponent’s defense line).
Currently, the consideration of disputes arising from state and municipal contracts is carried out by arbitration courts by the general provisions on the jurisdiction of disputes established by Article 27 of the Arbitration Procedure Code of the Russian Federation.
Thus, it can be concluded that public procurement disputes arise for many reasons. Then, when both the customer and the contractor express their desire to continue constructive interaction, it is recommended to resolve possible differences between them through negotiations. When it is not possible to agree, the conflict should be resolved in the judicial authority.
To be sure that the order of consideration of the case is fully observed, it is recommended to use the services of professional lawyers who can assist in all stages of the trial.
- Legal analysis of documents and other evidence submitted by a client regarding the disputes of state and corporate procurement
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases in the disputes of state and corporate procurement