Legal examination of contracts and agreements according to the Laws No 44-FZ and No 223-FZ
Contracts and agreements are concluded with the winner of the tender, electronic auction, request for quotations, request for proposals or with a single supplier. In this case, the customer has the right to refuse to conclude a contract, if it became known that the participant:
- does not comply with the requirements of the procurement documentation;
- misrepresented himself.
The requirements for contracts are defined in Article 34 of Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the sphere of procurement of goods, works and services for ensuring state and municipal needs". At the same time, the document can be called both a contract and an agreement.
Its essential conditions are:
- source of financing;
- place or address of delivery;
- deadline for acceptance and payment;
- other conditions specified in Article 34 of Law 44-FZ.
The essential terms of the contract are not subject to change afterwards. In this case, there is a closed list of cases when a contract can be changed (Part 1 of Article 95 of the Law No 44-FZ). In addition, for a number of procurements by federal authorities, standard contracts and standard terms of contracts have been developed, and if there is an approved standard contract or conditions for the procurement conducted by the customer, then it must apply them.
In order to take into account all legal requirements, an attentive approach is needed to work on the draft contract (amendments / additions to it). When preparing a draft contract, it is also important for a customer not to allow a double interpretation of its provisions and to indicate in it effective mechanisms for protecting its interests in the event of a supplier violating its obligations.
The BRACE law firm has extensive practical experience in the field of procurement and provides legal support for trades within the framework of 44-FZ and 223-FZ. We are ready to provide customers with the following legal assistance:
- development of a draft contract / agreement;
- making changes / additions to the contract / agreement;
- consulting and legal support on termination of the contract / agreement;
- legal analysis of submitted draft contracts and agreements;
- consultation on the conditions of model contracts for 44-FZ, the norms of legislation, the possibility of entering into the contract additional conditions and their nature;
- legal due diligence of all the conditions of the draft contract to exclude disputed issues, invalidate it, strengthen the position of the customer in the event of a trial;
- discussion with you and indication in the contract: forms of collateral (pledge, bank guarantee), terms of return to the supplier of funds, conditions and forms of responsibility of the supplier (contractor, executor) for improper execution or disruption of the contract, fixed penalty, other conditions.
Our specialists will conduct legal work for you with the contract / agreement, taking into account the specifics of your procurement, in accordance with all legal requirements and taking into account judicial practice.
- 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 advice on procurement issues under 44-FZ and 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