Appealing the Auction Documentation
Legal assistance in appealing the auction documentation
The participation of entrepreneurs in auctions held by state customers requires from the participant not only knowledge of market relations, but also the rules for conducting auctions. At the same time, it is not uncommon for customers themselves, when conducting the procurement procedure under federal laws No. 44-FZ and No. 223-FZ, to make mistakes when drawing up the auction documentation or do not provide clarifications to the published auction documentation (or the clarifications received do not suit the participant auction), which leads to litigation between the auction participants and the state customer.
The area of public procurement is considered to be quite complex and often changing legislation, especially this may be due to the political and economic situation in the country and the world. It is often difficult not only for the procurement participants, but also for the customer to quickly navigate in such a stream of changing legislation, which can also cause disputes between the procurement participant and the customer. As a rule, the participant, having not received explanations from the state customer regarding errors in the auction documentation or simply about the conditions of the purchase, appeals against such documentation to the relevant regulatory authorities.
The procedure for filing a complaint is regulated by the norms of Article 105 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. At the same time, auction participants have the right to complain about almost any actions of state customers within the framework of the auction documentation, for example, about an incorrectly drawn up draft contract or with violations, short delivery or work performance times (unrealistic for a particular type of procurement), or documentation requirements not specified in the legislation.
A procurement participant filing a complaint against the actions (inaction) of the customer to the control body in the field of procurement is allowed during the period of determining the supplier, but no later than 5 days from the day following the day of posting in the Unified information system the protocol for summing up the determination of the supplier, signing such a protocol, taking into account the following features:
- A complaint against the provisions of the notice of procurement, procurement documentation may be filed before the deadline for submission of applications for participation in the procurement.
- A complaint against actions (inaction) of the customer committed after the date and time of the deadline for submitting applications for participation in the procurement may be filed exclusively by the procurement participant who submitted the application for participation in the procurement.
- Complaint against actions (inaction) of an operator of an electronic site, an operator of a specialized electronic site, committed during the accreditation of a procurement participant on an electronic site, a specialized electronic site, when sending an application for participation in the procurement to an operator of an electronic site, an operator of a specialized electronic site, when placing it on an electronic site preliminary proposal may be submitted no later than 5 days from the date of the contested actions (inaction).
- A complaint about the actions (inaction) of the customer committed during the conclusion of the contract after the placement in the UIS of the protocol for summing up the determination of the supplier, signing of such a protocol, can be filed by the procurement participant with whom the contract is concluded, or by the procurement participant recognized as evading the conclusion of the contract, no later than date of conclusion of the contract.
- Filing one complaint against the actions (inaction) of the customer, committed during the implementation of several purchases, is not allowed.
Complaints of auction participants are filed to the:
- federal executive body authorized to exercise control over procurement;
- control body in the sphere of the state defense order;
- executive authority of the subject of the Russian Federation, authorized to exercise control in the field of procurement;
- local self-government body authorized to exercise control in the field of procurement.
If the complaint is submitted to the wrong structure, it is transferred to the authorized department independently by the Federal Antitrust Service employees. When conducting electronic procedures, a complaint can be filed with the control authorities in the field of procurement exclusively using a single information system. At the same time, the procurement participant has the right to withdraw, using a unified information system, the complaint filed by him before the date of its consideration on the merits by the control body in the field of procurement by forming and placing in the register information on the withdrawal of the complaint.
When making a complaint about the actions of the customer, you must specify:
- Details of the customer whose actions are being appealed.
- Applicant’s details, contact details, power of attorney if necessary.
- Name and purchase number.
- Description and presentation of evidence of illegal actions of the customer.
- Attach attachments related to the subject of the complaint.
It is necessary to remember the deadline for filing a complaint, as a rule, after missing such a deadline, the participant will have to appeal to the judicial authorities to resolve the dispute.
The complexities of legislation in the field of public procurement sometimes form a large number of questions for participants, which can be quite difficult to deal with on their own, and therefore the participation of a qualified lawyer will allow them to competently deal with all public procurement issues, competently appeal against the actions (inaction) of the customer and reduce possible risks for purchasing participant.
- Advising clients on participation in auctions
- Preparation of documents for participation in the auction
- Preparation of documents for appealing the auction documentation
- Accompanying and representing the interests of the client when appealing the auction documentation