Preparing and legal expertise of procurement regulations
The duty of the customers to develop and approve the procurement regulations is established by Federal Law No. 223-FZ of 18.07.2011 "On procurement of goods, works, services by individual types of legal entities". In accordance with the procurement regulations, the entire procurement activity of the organization falling within the scope of the above-mentioned law should be carried out.
Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the sphere of procurement of goods, works, services for ensuring state and municipal needs" contains all the necessary requirements for the procedure for preparation and conduct of procurement. Therefore, the customer, subject to the 44-FZ, has no obligation to develop an additional procurement regulations.
The procurement regulations are the document regulating the purchasing activity of the customer. Part 2 of Article 2 of Law 223-FZ establishes that it must contain such requirements for procurement as the procedure for preparing and conducting its procedures, a description of the methods of procurement, the conditions for their application, the procedure for concluding and executing contracts, as well as other provisions related to procurement.
The procurement regulations may include:
- general provisions;
- terms and definitions;
- procurement management;
- methods of procurement and the conditions for their selection;
- procedure for preparing and conducting procurement procedures;
- procedure for concluding and executing contracts;
- control of procurement activities;
- rights, duties and responsibilities of participants in the procurement procedure;
- appeal against the results of procurement;
- final and transitional provisions.
The procurement regulations are approved by the governing body. For each type of customer of corporate procurements in 223-FZ, the person or body authorized to approve the procurement regulations is indicated.
The procurement regulations are published by the customer in the Unified Information System (EIS).
The presence of a properly written, approved and placed in the UIS procurement provisions will allow the customer, who falls under the effect of 223-FZ, to purchase in accordance with this law and the procurement regulations. If the corporate customer does not have a procurement regulations, or has its non-placement in the EIS, this customer has a duty to apply 44-FZ.
The development of the procurement regulations is an important point for the corporate customer, since the effectiveness of the procurement procedures directly depends on its competent and detailed compilation.
We offer the following services to customers carrying out state and corporate purchases:
- development of the procurement regulations taking into account the interests and needs of the customer, the list of procurement objects, the quantity (volume) of the purchased goods (works, services) and other wishes of the customer;
- legal analysis of the procurement regulations of the customer and development of recommendations for bringing it into line with the legislation of the Russian Federation, taking into account the practice of its application and the needs of the customer;
- correction of mistakes in the procurement regulations available to the customer.
Our specialists are ready to help you in developing / amending the procurement regulations.
- 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
- 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