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Competent legal assistance in the preparation of documents to FAS / OFAS

Do you have trouble in the course of public procurement? Is the customer wrongfully rejecting an application? Do you need help in the process of drafting a complaint to FAS? Law & Wise team of lawyers will provide your company with reliable legal protection in case of unreasonable rejection of the application and other violations of legal interests during public procurement.

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What issues can we help your company to solve?

The list of documents that should be submitted to the Federal Antimonopoly Service or its territorial bodies, as well as for participation in public procurement, is regulated by Federal Law No. 44-FZ dated April 5, 2013 "On the contractual system in the field of procurement of goods, works and municipal services needs", Federal Law dated July 26, 2006 No. 135-FZ "On Protection of Competition" and other regulatory legal acts.

A team of highly qualified lawyers from Law & Wise will help avoid multiple irregularities in documentation, and they will:

  • Send a request for clarification of information on procurement. Due to this, the bidder will have a kind of “lever” to influence the customer to identify important and relevant information that relates to public procurement, and correct the documentation necessary to participate in the auction.
  • Prepare an analytical report on a specific tender, with an analysis of the competitive environment, the amount and number of purchases made by the government customer, as well as cases of significant cost reduction by participants.
  • Elaborate and competently draw up a complaint to FAS, which will oblige the customer to adjust the documentation of the auction.
  • Make an application on behalf of the legal entity to participate in the competition or auction.
  • Prepare and fill out tender documentation with information on materials, equipment necessary for the execution of government contracts, and, if necessary, examine the customer’s proposal for compliance with legal requirements.
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QUESTION-ANSWER

What shall I do if I am not satisfied with the results of the complaint considering in FAS /OFAS?

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A participant who does not agree with the results announced by FAS /OFAS may appeal against the decision to the commercial court within 3 months from the date of its adoption.

What deadline is set for withdrawing the application sent to participate in an open tender?

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According to paragraph 3 of Art. 52 of Law No. 44-FZ, one can change or withdraw his applications until the envelopes are opened or there is access to them in the Unified Information System (ENI).

Why do we need a protocol of disagreements to the state contract?

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The protocol of disagreements is an integral part for procurement process in the form of an electronic auction. After successful participation in the auction, the customer sends you a contract. In case of disagreement with the terms of the contract, the participant cannot individually make adjustments. For this, the parties shall draw up a protocol of disagreements.

The company refused to participate in the tender. Can it have the collateral back?

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Paragraph 8 of Art. 44 of Law No. 44-FZ stipulates that the funds contributed as security for an application for participation in a tender are returned to the account of a procurement participant during a public tender, a limited participation tender, a two-stage tender, closed methods for identifying suppliers (contractors, performers) within no more than 5 business days.

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