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Effective protection of procurement participants - entrust your business to professionals!

The participation of legal entities in public procurement leads in most cases to various conflicts and disputes arising between the customer and the contractor. Do you have problems in the course of procurement? Law & Wise experts will help resolve the dispute amicably, defend the client’s interests in court, and prepare the necessary documentation.

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Law & Wise - we will not allow violations of your rights and interests!

Timely assistance from professionals will help avoid your legal rights violation during public procurement. Law & Wise experts will provide comprehensive legal protection of the client’s interests, in particular:

  • analyze the situation and actions of the state customer;
  • make a complaint about the wrongful actions of the customer if violations are identified;
  • represent the client’s interests in the meetings at FAS /OFAS, where a complaint about the customer actions will be considered;
  • appeal against the unsatisfactory decision to higher authorities and judicial bodies.
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Are there ways to protect the tenderers civil rights?

Yes, such ways exist. They are regulated by Russian legislation, in particular, the Civil Code of the Russian Federation, Law No. 44-FZ and No. 223-FZ. However, in this case you cannot do without the lawyer’s professional assistance. Law & Wise experts will help their clients to:

Recover from the customer losses incurred by the contractor in the procurement process, as well as loss of expected profit.

Declare the transaction invalid, as it was concluded in violation of legal requirements.

Appeal against the customers actions in OFAS

Judical practices and cases

QUESTION-ANSWER

Which authorities protect the rights and interests of tenderers?

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According to Part 1 of Art. 105 of the Federal Law No. 44-FZ, complaint against action or inaction of the customer, the state body, the organization or commission for the procurement and its members may be submitted both to the judicial authority and to the procurement control and supervisory body at the federal, regional or local level.

Is the Customer obliged to indicate the price of the state contract with VAT, if the winner of the auction applies VAT?

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There is no direct reference to the mandatory separate indication of VAT in the contract price in Law No. 44-FZЗ. At the same time, articles 146, 149 of the Tax Code of the Russian Federation provide for a list of goods, works and services subject to VAT. If the state customer does not include VAT in the price of the contract, then it will still have to be paid at the price offered by the winner. Thus, the state contract will be concluded with the winner of the auction at the price offered by the latter, regardless of what taxation system the bidder applies.

The customer does not accept the work done, what shall I do?

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There are several ways to resolve these kinds of situations: judicial and extrajudicial procedures. In any case, it is necessary to adhere to the order of interaction with the state customer, established by the signed contract. Unfortunately, is not possible to resolve such situations in advance in the framework of public procurement. Often proving the quantity and quality of work performed under government contracts can only be resolved in court.

The customer canceled the electronic auction, what to do?

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The customer has the right to cancel the auction. To do this, he must place a notice of purchases cancellation in the Unified Information System (UIS), as well as notify all participants who have submitted applications. In addition, the trading platform provides for the messaging of decisions about the auction cancellation to the participants’ e-mail addresses, after the placement of such a statement in the EIS.

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Law & Wise - reliable legal protection of tenderers!

Faced with illegal actions of public procurement customer, which infringe on your rights? Law & Wise team will provide competent assistance at the stage of challenging the procurement results. Cooperation with our bureau will:

Save your time. Experts will do your work, thereby saving the client from the need to deal with control authorities

Reduce expenses. Law & Wise lawyers will take the necessary measures to ensure that the customer reimburses the client

Individual approach of handling cases. The lawyers do not “stamp” cases, but sort out the client’ problem. Thanks to such approach, it is possible to take into account all the nuances of the conflict and find weighty arguments for filing a complaint with FAS
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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Tokarskaya Daria
Assistant Manager
Aliev Elman
Lawyer
Law & Wise legal services in Moscow +7 (495) 7-222-800 info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.