Legal advice on procurement issues under 44-FZ and 223-FZ
The sphere of state and corporate procurements of goods, works and services is one of the most complicated, and work in it often requires qualified legal assistance. Often, a specialist's consultation helps the customer or bidder avoid adverse and unforeseen consequences.
During the procurement process, it is very important for both the customer and the participant to choose the correct behavior model. The customer, first of all, needs to choose the procedure by which the procurement will be carried out, and know the specifics of its implementation, as well as the specifics of the procurement of a particular product, work or service. The participant, before making the necessary package of documents for participation in the procurement, should clearly understand in which particular type of bidding he is to participate.
Nowadays the following methods for conducting trades and determining the winner have been determined by the legislation:
- competition. It is won by the participant who has managed to offer the best opportunities for the customer to fulfill the obligations under the contract;
- competition with limited participation. The information on procurements is accessible to all without restriction, but the winner is determined from the number of participants who have passed prequalification;
- two-stage competition. The winner, who offered the most favorable conditions for the performance of the contract, is selected based on the results of two stages of the competition;
- the above contests can also be closed. They differ in that the proposal is sent to a limited number of persons who meet certain requirements;
- auction (auction in electronic form, closed auction). The winner is the participant who proposed the lowest cost of providing the conditions for the performance of the contract;
- request for quotations. The winner offers the lowest possible value of the contract. At the same time, its initial maximum price cannot exceed 500,000 rubles;
- request for proposals. The winner directs the final offer, which reflects the best conditions for satisfying the customer's needs;
- procurement from a single supplier. The contract is concluded without a procedure for selecting the winner.
- verbal and written advice on issues arising in the procurement activities (e-mail, skype, mobile phone), including the description of the object of procurement;
- "emergency assistance" at any stage of participation in the procurement;
- explaining the specifics of purchasing goods, works, services;
- counseling the customer on the choice of the optimal methods of procurement, as well as the conditions for their use;
- forming and developing 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 the object, the subject of procurement;
- assisting participants in the formation of an effective procurement strategy, as well as issuing recommendations on changing the policy of participation in procurement;
- counseling on the preparation of applications for participation in procurement;
- counseling on the timing and procedure for concluding a contract / agreement;
- preparation of expert opinions on specific issues and situations arising from participation in procurement;
- analysis of the existing practice of procurement and development of recommendations for the improvement and optimization of the procurement system;
- informing about all significant and significant changes in the legislation on state and corporate procurements;
- audit of procurement and contract work before inspections of regulatory bodies.
All of the above methods relate to public procurement and are fixed in the 44-FZ. Customers of corporate procurements under 223-FZ have the right to use the methods for determining the winner specified in 44-FZ, but they can independently develop procurement procedures and establish them in their procurement provisions. For example, competitive negotiations, reduction (auction for promotion), multi-lot auctions, requests for proposals in electronic form, etc.
Timely receipt of legal advice by the participant will increase his chances of winning the bidding and concluding the contract / agreement, which opens the prospects for the long-term relationship with customers with reliable sources of financing to the supplier (contractor, executor). For customers receiving timely advice will help protect their rights and interests in the procurement process at all stages.
We provide the following services:
- Lodging a complaint on actions (inactions) of a governmental customer and other persons in the controlling body according to the Law No 44-FZ
- Lodging a complaint on actions (inactions) of a customer and other persons in the controlling body according to the Law No 223-FZ
- Preparation of requests for clarification of the provisions of the procurement documentation
- Preparing and legal examination of procurement documentation
- Preparing and legal expertise of procurement regulations
- Preparation of pre-trial claims for procurement disputes according to 44-FZ and 223-FZ
- Legal examination of contracts and agreements according to the Laws No 44-FZ and No 223-FZ
- Representation of interests in a court on disputes related to public procurements according to the Law No 44-FZ
- The court representation on disputes related to corporate procurements according to 223-FZ