Government and corporate procurements: legal services
Legal support of public procurement (44-FZ), procurement of state-owned companies (223-FZ) is provided to participants, customers and other participants in procurement activities
The provision of legal services in procurement sector is the main area of practice of BRACE Law Firm.
Our expertise includes a range of legal services related to disputes in the areas of procurement, consulting and legal support on issues related to the Federal Law dated 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the Federal Law of 18.07.2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities” and other acts of legislation on procurement.
Legal regulation of public and corporate procurement is a rather specific area that requires a high level of industry expertise, attention to the constantly changing regulatory environment, systematic monitoring of regularly updated legislation and law enforcement practice. This contributes to an increase in efficiency from participation in the procurement, competent formation of proposals and, if the procurement participant is recognized as the winner, prevents the risks of committing legal errors at the stage of concluding a contract.
Legal support of public procurement
Legal support of procurement is necessary at all stages of their implementation: planning the procurement of goods, works, services; determination of suppliers (contractors, performers); the conclusion of government contracts and agreements; execution and / or termination of government contracts and agreements; monitoring of procurement; procurement audit; control over compliance with the legislation on the contract system, as well as other issues.
Legal assistance (legal services) in the field of procurement contributes to the competent construction of relations with a supplier (procurement participant) or a customer.
Violations by the contractual service of the customer of the requirements of the procurement legislation lead to invalidation of procurements, termination of contracts concluded as a result of them, bringing the organization and directly officials of the contractual service to administrative responsibility, civil liability (in case of property damage to the procurement participants), as well as, in some cases, can lead to criminal prosecution.
Based on the existing law enforcement practice, it can be noted that the above negative consequences associated with violation of procurement legislation can be avoided provided that a thorough legal audit of various aspects of the contract service is carried out.
Legal examination of procurements should be carried out using an integrated approach to identifying the main risk factors associated with possible violations that must be avoided by adjusting the areas of work of the contract service based on the results of the legal audit.
Legal support services for procurement and tenders include diverse actions of lawyers specializing in legal support for procurement.
Legal services can, depending on the needs of the client, be provided:
- one-time (on specific emerging issues);
- on the basis of subscription legal services.
Advising on public procurement (procurement lawyers)
We, as lawyers for 44-FZ and 223-FZ, specializing in our practice in public and corporate procurement, can provide high-quality legal services in all legal aspects of procurement and participation in procurement, as part of the legal analysis of the submitted documents and materials, preparation of legal opinions on the issues raised, as well as on issues related to the representation of interests in the supervisory authority (Federal Antitrust Service of Russia) or in court, as well as with mediation in the settlement of disputes.
The activities of government and corporate customers include many important aspects and legal features present at each stage of procurement procedures. Providing legal assistance significantly reduces the risks of detection by the control body of violations of procurement legislation, as well as the risk of disputes with procurement participants and suppliers.
At the stage of implementation of external control, it is rather difficult to prevent negative consequences for customers if they identify violations of the requirements of the current legislation. In this regard, the development and application of appropriate preventive measures within the framework of internal control is of particular importance.
- Oral and written advice on issues arising in procurement (e-mail, skype, mobile phone), incl. on the description of the procurement object
- “Emergency assistance” at any stage of participation in the procurement
- Clarification of the specifics of the procurement of goods, works, services; advising the customer on the choice of purchasing methods optimal for him, as well as the conditions for their use; formation and development of a strategy for protecting the customer from unscrupulous procurement participants
- Consulting assistance in the preparation of administrative documents on the conduct of procedures with the definition of an object, subject of procurement
- Assistance to participants in the formation of a strategy for effective participation in procurement, as well as issuing recommendations for changing the policy of participation in procurement
- Advising on the preparation of applications for participation in the procurement
- Advising on the timing and procedure for concluding a contract / agreement
- Preparation of legal opinions on specific issues and situations arising from participation in procurement
- Analysis of the existing practice of procurement and the development of recommendations for improving and optimizing the procurement system
- Informing about all significant and significant changes in the legislation on government and corporate procurement; audit of purchases and work of the contract service before inspections by regulatory authorities.
Legal representation in court in procurement disputes
The basis of our practice is made up of disputes in the field of public and corporate procurement, arising both at the stage of placing procurements, and in the framework of the conclusion, execution and termination of government contracts.
We provide legal services in the following types of disputes in the field of state, municipal and corporate procurement: appeal against the provisions of the auction documentation in the framework of government and corporate procurement; challenging decisions and instructions of the Federal Antitrust Service of Russia on public procurement and procurement of state-owned companies; the conclusion of state and municipal contracts; collection of penalties from suppliers under 44-FZ and 223-FZ; recovery of losses under 44-FZ and 223-FZ; disputes about the acceptance of the results of government and procurement of state-owned companies; disputes about the termination of government contracts and agreements under 44-FZ and 223-FZ; entering the company into the Register of Unscrupulous Suppliers; recognition of public procurement and public contracts as invalid.
Services in litigation in the field of procurement (44-FZ and 223-FZ):
- Legal analysis of documents and other evidence submitted by the client in connection with a dispute arising from government and corporate procurement
- Consultation on the prospects for judicial and / or pre-trial dispute resolution
- Legal support of the claim procedure for dispute settlement
- Elaboration of strategies and tactics for protecting a client in court
- Pre-trial preparation, including the formation of the evidence base
- Preparation and filing of a statement of claim (statement) and other procedural documents in a judicial dispute
- Representing interests, conducting cases in court by lawyers and performing all necessary procedural actions
- Coordination of several parallel trials (if necessary)
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- Appealing against judicial acts in the courts of appeal, cassation and supervisory instance
- Maintenance of enforcement proceedings
- Other legal assistance in litigation under 44-FZ and 223-FZ
- Appealing the actions of the customer (budgetary institution) in the territorial Department of the Federal Antimonopoly Service of Russia in the procurement of syringe pumps for parenteral nutrition
- Appealing the inaction of the operator of the electronic platform of the auction organizer, the operator of the electronic platform, the auction commission in the supervisory authority within the framework of commercial procurements (procurements of state-owned companies) in favor of a Russian distributor of medicines
- Representing the interests of a contractor, a large Russian construction company, in challenging the resolution and order of the Office of the Federal Antimonopoly Service of Russia to refuse to satisfy the complaint
- Preparation of claims in connection with the failure of the state autonomous institution, which was the customer, about the violation of the terms of the contract for payment for the delivered goods. The debt was fully repaid.
- Legal examination of standard documentation on an electronic auction for a subsidiary of a state-owned company
- Legal examination of the procurement regulations of the customer, nuclear industry enterprises, with the preparation of recommendations aimed at minimizing the risks of appealing its provisions
- Protection of a Russian pharmaceutical distributor when the territorial administration of the Federal Antimonopoly Service considers the issue of entering the company into the Register of Unfair Suppliers
- Preparation of a complaint (objections to a complaint) to the Federal Antitrust Service of Russia against actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, officials of the contract service, a contract manager, an operator of an electronic site, an operator specialized electronic platform
- Preparation of objections when considering by to the Federal Antitrust Service of Russia the issue of including a procurement participant in the Register of Unfair Suppliers
- Appealing documents about the auction in the framework of government and corporate procurement
- Remote representation of interests in a proceedings in the Federal Antitrust Service of Russia
- Invalidation of illegal decisions and orders of the Federal Antitrust Service of Russia in the field of procurement
- Preparation of claims in various disputes related to government and commercial procurement under Law No. 44-FZ and Law No. 223-FZ
- Legal support of enforcement proceedings based on the results of consideration of litigation arising from legal relations for the implementation of procurement on the basis of Law No. 44-FZ or Law No. 223-FZ
- Legal due diligence / development of procurement documentation
- Due diligence / development of procurement regulations (for customers under Law No. 223-FZ)
- Legal audit of the work of the contract service
- Compliance in the field of state, municipal and corporate procurement of the activities of participants and purchasers
- Legal due diligence / development of contracts and agreements under the Law No. 44-FZ and the Law No. 223-FZ
- Preparation of legal opinions on specific issues and situations arising in the course of procurement
- Legal support for participation in procurement
- Preparation of requests for clarification of the provisions of the procurement documentation
- Legal advice on procurement issues under the Law No. 44-FZ and the Law No. 223-FZ
- Protecting SMEs' Rights in Procurement