Declaring void public procurement and public contracts
One of the important areas of practice of “Public and corporate procurement” of BRACE Law Firm is Declaring void public procurement and public contracts.
Lawyers of BRACE Law Firm specialize in providing legal support for state and municipal procurements, and also have many years of experience in protecting the rights of both procurement participants and state customers in cases involving the resolution of disputes regarding Declaring void public procurement and public contracts.
Disputes regarding declaring void public procurement and public contracts
Illegal actions (inaction), as well as decisions of a state or municipal customer, procurement organizer or electronic site operator, are subject to appeal. The consequence of such a challenge is the invalidation of both the procurement and its results. Following the general rule of civil law, a transaction concluded in violation of the requirements of the law shall be deemed invalid.
The main legal act regulating the procedure for challenging unlawful actions of state and municipal customers is Federal Law dated April 05, 2013 N 44-FZ “On the Contract System in the Sphere of Procurement of Goods, Works, and Services for Ensuring State and Municipal Needs”, according to which the right to appeal actions (inaction), decisions of customers endowed with any of the participants in the procurement.
The most common situations leading to the occurrence of such disputes are: the customer restricts the number of procurement participants by submitting additional unreasonable requirements; violation of the timing of individual procurement procedures; inaccuracies in procurement documentation misleading procurement participants; violations in determining the winner of the procurement or entering into a contract; other violations leading to restrictions that impede competition.
The procedure for declaring void public procurement and public contracts
If there are facts of violation by public or municipal customers during the procurement of the requirements of the current legislation, various options for appealing against such actions are possible.
For the quickest possible suppression of the violations, it is possible to file a complaint with the Federal Antimonopoly Service of Russia and its territorial departments. Such a complaint must be filed no later than the deadline for filing applications for participation in the procurement (when appealing against the provisions of the procurement documentation) or no later than 10 days from the date of summing up the procurement (when appealing against the actions of the customer). If the actions subject to consideration of the second parts of the applications or upon conclusion of the contract are subject to appeal, as a general rule, the complaint must be filed before the conclusion of the contract. In this case, the complainant is entitled to withdraw the complaint before deciding on the merits.
It is important to note that the filing of a complaint to the supervisory authority or the refusal of such filing is not an obstacle to applying for the protection of the rights of a procurement participant in a judicial proceeding.
The court also invalidates a contract concluded as a result of a procurement conducted in violation of the requirements of applicable law (upon its conclusion). It is important to note that the execution of the contract at the time of the court decision on invalidating the actions of the state or municipal customer may impede the actual execution of the court decision, even though the recognition of the purchase is invalid is not dependent on the fact of the transaction.
In this regard, it is important to respond promptly to unlawful actions by the customer and to quickly and accurately build the legal position and strategies for protecting the interests of the procurement participant.
- Legal analysis of documents and other evidence submitted by the client in a dispute regarding the recognition of public procurement and public contract as invalid
- Consultation of lawyers and attorneys at BRACE Law Firm regarding the prospects of judicial and/or pre-trial settlement of disputes regarding the invalidation of public procurement and the public contract
- Legal support of the claim procedure for resolving a dispute on invalidating a state procurement and a state contract
- Development of a strategy and tactics for protecting a client in a court in disputes related to the invalidation of public procurement and public contract
- 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 on invalidating a state procurement and a state contract
- Representation of interests, case management in court by lawyers of BRACE and completion of 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
- 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 recognition of public procurement and state contract invalid