Appealing inclusion of a company in the Register of Unscrupulous Suppliers
Representation of interests in a court on disputes regarding inclusion of a company in the Register of Unscrupulous Suppliers is one of the important areas of public and corporate procurement practice services of BRACE Law Firm.
Lawyers of BRACE Law Firm specialize in providing legal support for state and corporate procurements, and also have many years of experience in protecting the rights of procurement participants in resolving disputes regarding the Register of unscrupulous suppliers based.
Disputes about entering a company in the Register of Unscrupulous Suppliers
The Register of Unscrupulous Suppliers records information on unscrupulous participants in state and corporate procurements. The inclusion of the company in the Register of Unscrupulous Suppliers deprives it of the right to subsequently participate in procurement for 2 years. Such a decision to include unscrupulous suppliers in the Register has a particularly strong effect on organizations engaged in licensed activities or activities requiring the receipt of a permit issued directly to the company.
It is important to note that according to Russian legislation in the case of both state and corporate procurements, filing an application for inclusion in the Register of Unscrupulous Suppliers is not a right, but an obligation of the customer, if there were facts that warrant such inclusion.
As a general rule of civil law, a contract can be terminated by agreement of the parties or by the decision of one of the parties in case of significant violation by the other party of obligations to fulfill the terms of the contract, as well as in cases directly established by applicable law.
The main legislative acts regulating the grounds for inclusion in the Register of unscrupulous suppliers are the Federal Law of April 5, 2013 N 44- FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and the Federal Law of July 18, 2011, N 223- FZ “On the procurement of goods, works, services by certain types of legal entities”.
According to the Federal Law 223-FZ, the Register of Unscrupulous Suppliers includes information on procurement participants who evaded the conclusion of contracts, as well as on suppliers with whom contracts were terminated by a court decision in connection with a significant violation of their terms of execution. According to the Law N 44-FZ, an additional condition to the above for inclusion in the Register of Unscrupulous Suppliers is the unilateral refusal of the customer to execute the contract due to a significant violation by the supplier (contractor) of the terms of the contract. Thus, in the framework of public procurement, there is a wider range of grounds for inclusion in the Register of Unscrupulous Suppliers.
Cases of termination of an agreement or contract by agreement of the parties according to Russian legislation are not grounds for inclusion in the Register of unscrupulous suppliers. In the current law enforcement practice, there are cases when additional grounds have been identified for invalidating the inclusion of procurement participants in the Register of Unscrupulous Suppliers. However, such cases always require additional legal assessment on an individual basis.
The procedure for resolving disputes on including a company in the Register of Unscrupulous Suppliers
Most disputes regarding the inclusion of a company in the Register of Unscrupulous Suppliers include appealing the validity of such inclusion.
When a company is included in the Register of Unscrupulous Suppliers by the Federal Antimonopoly Service, such a decision is subject to appeal in an arbitration court. At the same time, when the Federal Antimonopoly Service of Russia considers the issue of including the company in the Register of Unscrupulous Suppliers, such a company may submit objections.
Inclusion in the Register of Unscrupulous Suppliers is not always justified. However, evidence of groundlessness must be very weighty and difficult to dispute. In this regard, the provision of legal assistance directly at the stage of the onset of events that may lead to the decision to include unscrupulous suppliers in the Register, since the early development of a competent legal position by the supplier increases the chances of a successful resolution of the dispute.
- Legal analysis of documents and other evidence submitted by a client in a dispute regarding the inclusion of unscrupulous suppliers in the Register of Unscrupulous Suppliers
- Consultation of lawyers and attorneys at BRACE Law Firm regarding the prospects of judicial and / or pre-trial settlement of disputes regarding the inclusion of a company in the Register of Unscrupulous Suppliers
- Legal support of the claim dispute settlement procedure
- Development of a strategy and tactics for protecting a client in a court in disputes related to the inclusion of an organization in the Register of state and corporate procurements
- Pre-trial preparation, including the formation of evidence
- Preparation and filing of a statement of claim (application) and other procedural documents in a judicial dispute regarding the inclusion of unscrupulous suppliers in the Register
- Representation of interests, case management in court by lawyers of BRACE and completion of all necessary procedural actions
- Coordination of several parallel trials
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- Appeal of judicial acts in the courts of appeal, cassation and supervisory review
- Support of enforcement proceedings
- Other legal assistance in litigation related to the inclusion of the company in the Register of Unscrupulous Suppliers