Preparation of requests for clarification of the provisions of the procurement documentation
Often a procurement participant has to obtain explanations for the provisions of the procurement documentation or the results of the procurement. Such explanations are given by the customers on the basis of the requests of the participants.
According to the Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the sphere of procurement of goods, works, services to ensure state and municipal needs", the following types of requests exist:
- to clarify the provisions of the procurement documentation (may be sent by any bidder a few days before the deadline for submission of applications);
- on clarifying the results of the procurement conducted (sent after the placement of the final protocol, it can be sent only by persons who took a direct part in the procurement).
The main reasons for submitting requests are:
- errors, misprints in the documentation or technical assignment;
- violation by the customer of the norms of the legislation on public procurement;
- lack of necessary information and documents (instructions for completing the application, estimates, annexes, etc.);
- inaccurate or incorrect description of the procurement object;
- excessive or, conversely, vague requirements for goods, works, services;
- incorrect documentation format;
- indication by the customer of requirements restricting competition;
- illegal rejection of the participant's application;
- failure to provide reasons for rejecting the participant's application;
- technical failures, impossibility to submit a price offer on the electronic platform during the electronic auction;
- mathematical errors in the calculation of the evaluation criteria for applications.
The timeframe for the submission of requests, the methods of filing, and, in general, the possibility of filing requests in the framework of procurements conducted under the 44-FZ, depend on the type of procurement conducted. As for corporate procurements under 223-FZ, each customer has his own procurement clause, in which he can establish his terms for submitting requests and answers to them, as well as the form of such a request and possible ways of submitting it.
A professionally prepared request can help a participant not only clarify all incomprehensible questions, but in some cases convince or create conditions under which the customer will have to make appropriate changes to the procurement documentation.
BRACE law firm renders legal support for state and corporate procurements and has great practical experience in this field.
We are ready to provide legal assistance in the preparation of requests to participants in procurement:
- on clarifying of provisions of the procurement documentation;
- on clarifying of results of the conducted tenders.
- 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
- 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
- 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