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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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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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