Legal audit of the contract service
One of the important areas of practice of BRACE Law Firm is the provision of legal services for the legal audit of the contract service.
Public and corporate procurement are key areas of industry specialization for lawyers at BRACE Law Firm, in which we provide legal services to procurement participants, state, municipal and corporate customers, electronic platforms, as well as other legal entities and individuals.
Legal issues related to the audit of the contract service
The main competencies of the contract service include the planning of procurement activities, the organization of procurement behavior, followed by the conclusion of contracts and, in some cases, control over their implementation.
The work of the contract service in Russia is primarily regulated by the Federal Law of April 05, 2013, N 44-FZ “On the contract system in the field of procurement of goods, work, services to meet state and municipal needs” (when conducting state and municipal procurements), or by the Federal Law of 18 July 2011 N 223-FZ “On procurement of goods, works, services by certain types of legal entities” and the Provision on Procurement (for corporate procurement).
In the process of implementing authorities of the contract service, specialists are faced with many legal aspects related to the procurement, evaluation of applications, conclusion of contracts.
Violations of the requirements of the Russian procurement legislation by the contracting service of the customer lead to invalidation of the procurements, termination of the contracts concluded as a result of them, bringing the organization and the contract service officials 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.
On the meringue of existing law enforcement practice, it can be noted that the above negative consequences associated with the violation of procurement law can be avoided provided that a thorough legal audit of the contract service is conducted.
A legal audit should be carried out using an integrated approach to identifying the main risk factors associated with possible violations to be prevented by adjusting the directions of the contract service based on the results of a legal audit.
- Legal analysis of documents submitted by the client, including procurement provisions, procurement documentation, procurement plans, contracts, and other documents
- Consultation of lawyers of BRACE Law Firm on issues related to the activities of the contract service and on issues arising in the process of conducting a legal audit of the activities of contract service
- Legal support of a legal audit based on the materials presented, as well as legal support in collecting additional information necessary for a legal audit
- Legal support for procurement by contract service
- Analysis of the process of the activities of the contract service with the identification of allowed violations and risks of possible violations of the requirements of procurement law
- Development and legal examination of procurement documentation, contract service regulations, incoming complaints of procurement participants and other documents
- Preparation of draft contracts, regulations of the contract service, procurement documentation, amendments to the procurement regulations, etc.
- Other legal assistance according to Russian law