Law assistance in Public Procurement

Author: Julia A. Lyalutskaya , lawyer at The law Bureau  "Scheglov and Partners".

“Business carried on as usual”.
Sir Winston Churchill
“Overcome barriers of public procurement”
or  “professionals in the tender law advice
with the assistance in public procurement.”

 The motto of businessmen from the West, used as an epithet to this article, as accurately illustrates the approach of the Russian entrepreneurs, who against all odds do not refuse to participate as suppliers in the procurement of goods, works and services for state and municipal needs.

“May to be friends with the State” or “about a practice of public procurement in Russia”.
To consider that Russian reality in practice procurement and identify suppliers of goods for state needs, so market participants have to overcome many difficulties only for the sake of good faith to provide public services or deliver goods. Legal uncertainty, administrative barriers, corruption, absurd conditions of procurement, unfair competition, participants - these are a few barriers that have to jump over.
Some Russian organizations solve this problem is quite simple - forever dismiss the possibility of working with the state as a counterparty. In respect to business such approach is not very reasonable. According to official statistics the government spent about 8 trillion rubles for public procurement in the year 2012. This is 62% of the total expenditure budget 2012. Seems a good incentive to find a ways to cooperate with a "capricious" counterparty.

"I'm not afraid of pricks, if it necessary  will prick my own".
At the same time a honest entrepreneurs even not discussed to act "according to the letter of the law". It will not much  brave souls who do not pay due attention to the tender documentation and the requirements of the customer. However  every news feeds reader knows that often goes winner is not the one who conscientiously prepared for the contest.

On bright future
there is no doubt that the new legislative initiative on the adoption of the Federal Law № 44 "On the federal contract system" is designed to resolve and eliminate many of the existing problems. However, it is now clear that to bring Russia into line with the givens taken as a basis for the American model of the system of public procurement, yet extremely far. This bill does not address most of the existing problems, and in some areas creates additional opportunities for abuse.
Moreover  the character of public procurement is that whatever does not establish responsibility for violation of their conduct, nobody, not even the court can’t force the customer to sign a contract with a particular person. Therefore not every businessman who lost the contest will go the way of protection of the rights of participants placing orders.

Experience shows ... that everyone need a competent legal support.
Meanwhile, the Law Bureau "Scheglov and Partners" experience shows that even in the absence of instantaneous material benefit appeal the actions / inactions of the customer is to bear fruit  to the companies that have decided not to participate in a one-time "divvying up the pie," and chose cooperation with the State as one of the main income-generating activities. In such cases, the more efficient is the system approach.
The practice of participation such cases by Bureau’s attorneys, and future changes in legislation adopted and court practice shows that competent legal support is required by the both participator and principals at all stages.
By involving in-house counsel  not a staff lawyer but an independent expert on the tender rules, you get a professional, obviously a broader view of the problem, the ability to use all the measures and the protection of their own rights: from negotiations before resorting to the FAS, or the use of judicial protection, and often initiate prosecution.

Tender lawyer services to the participants of public procurement

•    Consul on the application of the provisions of the current legislation in the field of public procurement;
•    analysis of tender documentation for compliance with applicable legislation;
•    support the preparation and submission of documents for participation in the procurement process: competition, auction, request for quotation, request for proposals;
•    preparation and support seeking clarification of the tender documentation;
•    protection of rights and representation at the appeal of the administrative actions/ inaction of the customer, authorized body, the Commission on the implementation of the procurement officers, etc.
•    preparation and support circulation in the Federal Antimonopoly Service in connection with the unlawful actions of customers and / or other parties that restrict competition;
•    preparation of statements and representation in court in making a claim to invalidate the results of the auction, the placement of state orders, the conclusion of the Government Contracts;
•    represent the interests of the supplier at the stage of pre-trial settlement of disputes, as well as in court on the parties fulfill the conditions of the state contract.

Tender lawyer services to the right of public customers

•    Elaboration of the documentation  required for placing an order, namely the tender documentation, auction documentation for quotation request and the request for proposals;
•    Elaboration of the government buying;
•    Analysis of the current draft of the state contract for compliance with the current legislation, the conditions of competition and the requirements for suppliers of goods and services, as well as to the supplier's liability for improper performance of the contract;
•    responding to requests for clarification of the tender documentation, auction documentation, request quotes and proposals;
•    Expert assessment of compliance of applications filed with the requirements;
•    Preparation of protocols to detect the the supplier, review and evaluation of applications, the refusal of a state contract, recognition party evaded making a state contract and so on.
•    Represent the interests of the State customer to competition authorities, including the preparation of objections to the complaint of the Federal Antimonopoly Service, representation of interests of the customer in the consideration of the complaint;
•    Represent the interests of the customer as a plaintiff, defendant and / or the third party in the courts.

There is the best conditions for who are up-to-date

The development of the Internet has provided the opportunity of interaction between all participants of the state order in the virtual environment. High-speed delivery system of goods has covered all Russia. This allows suppliers to take part in auctions and tenders without regard to the location of the customer. For successful cooperation with "moody" counterparty - states today require only an effective management control and expert legal support. A well-established business relationships with government customers will provide us a reliable base for good economic development.

White get start and win…

Legal advice on issues arising in connection with the organization of or participation in public contracts, as well accompaniment of such activities can be in contact with the Senior Managing Partner Law Office of Moscow "SCHEGLOV and Partners" Sheglov Yury on t .: +7 (495) 748-00-32 or send email >>>

Translated by Flora Aleksandra
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