Legal Service in the Sphere of Public Procurement and Contract Performance
Since 2005 Law Firm Aspect has been specializing in serving state clients which includes inter alia public procurement legal support. We possess considerable experience in this unique sphere of legal practice. Our lawyers frequently participate in various public procurement disputes representing both customers and tender participants; they can quickly assess any situation from the perspective of either applying to court or resolving the dispute with the antimonopoly authority.
We do not just study practices of disputes in the sphere of public procurement – we take an active part in its formation.
Having considerable practical experience in this field specialists of Law Firm Aspect participate in seminars and round-table discussions on a regular basis and organize trainings and seminars on disputable points of the application of the Federal law № 44-FZ «On the contractual system in the sphere of goods, works and services procurement for state and municipal purposes» (FZ 44-FZ).
For tender participants:
We provide legal assistance in drafting documentation to participate in tenders, competitions and auctions in accordance with effective legislation and taking into consideration the customer’s needs. Our considerable experience enables us to deal with most sophisticated issues representing our clients’ interests in the sphere of public procurement.
If your rights have been violated when participating in a tender we are ready to provide comprehensive legal support in protecting your interests in antimonopoly service and arbitration court.
Legal protection of tender participants’ rights is effective and justified provided the legal advisers are professional and experienced. Law Firm Aspect specialists actively participate in resolving relevant disputes in antimonopoly bodies and have a good command of all the specifics of these cases.
Representation of a client’s interests in arbitration court when considering the cases related to state and municipal contracts performance is one of the key practices of our company.
Most frequent disputes in this sphere are disputes related to state and municipal construction contracts. Despite the fact that claims in this sphere become more and more numerous, not always are they substantiated. For example, considering the outcomes of the cases represented by our specialists, the amount of claim was significantly reduced:
– more than RUB 22 million (27-fold) in the lawsuit by Tyumen City Construction Department;
– more than RUB 1 350 000 (2-fold) in the lawsuit by Customer Department of Public Services and Utilities in Leninsky Administrative District.
There are also examples of our successful practice in the disputes over appealing the decisions on including into Unfair Supplier Register. For example, The Arbitration Court of Khanty-Mansiysk Autonomous Area – Ugra recognized the decision of Federal Antimonopoly Service in Khanty-Mansiysk Autonomous Area on including into Unfair Supplier Register as invalid.
Recently there have appeared frequent cases over appealing a contract project with an antimonopoly authority. Contract provisions violating the law and lawful rights of tender participants may be appealed before the application terms expire. Thus, Law Firm Aspect complaint over the actions of Tyumen Region Department of Public Procurement and Road Maintenance Department was satisfied by the decision of Federal Antimonopoly Service in Tyumen Region (№ 46-1 from 01.03.13). The state contract project was recognized as law contradictory.
Another frequently disputable issue we deal with is Customer’s unwarranted refusal to sign the contract with the tender winner. Thus, the refusal of municipal customer (Tyumen Administration Department of Road Infrastructure and Transport) to conclude the contract was recognized as illegal by the decision of
Federal Antimonopoly Service (from 04.04.13).
The most problematic issue arising in such circumstances is what actions are to be taken if according to the decision of antimonopoly service the customer is recognized as having infringed the rules of order placement, but the injunction is not issued as the customer has “urgently” concluded the contract with another participant. In this respect it is possible to start a court action claiming for a compulsory contract conclusion.
Thus, arbitration court of Tyumen region recognized the contract concluded with participant №2 invalid and ruled to conclude the contract with the participant №1. Due to timely injunctive relief the participant № 2 had not started to perform under the relevant contract.
Protecting the rights of tender participants on their way to concluding a contract is one of the most complicated issues as a lot depends on the participants – their ability to timely file and submit all the necessary documentation, to justify their position from the legal point of view and to attract professional and experienced lawyers for the protection of their interests.
For state and municipal customers:
Specialists of LF Aspect have been providing comprehensive legal support in the sphere of order placement for state and municipal needs since 2005 (94-FZ).
Since 2014 we have been assisting our clients in organizing procurement procedures on the Contractual System Law44-FZ.
Our goal is to apply our knowledge and considerable experience to resolve the disputes related to conducting tenders, to prevent possible violations and protect our clients’ interests in arbitration courts and Antimonopoly Service.
To prove our reputation as leading experts in this sphere we actively participate in organizing practical events with the purpose to gain an understanding of Contractual System Law 44-FZ particulars.
Thus, on the 9th of October 2014 Tumen State Duma hosted the 5th annual law conference of the West-Siberian Law Chamber titled «Legislation novelties 2014: new rules for the business».
LC Aspect managing partner Mataev Stepan presented a report on “Contradicting issues in the application of Contractual System Law № 44-FZ: first results” where he covered the following points: avoiding getting into Unfair Supplier Register when bank guarantee is being suspended, breach of contract payment terms, disputable grounds of refusal to enter into a contract, possibility to reduce liability for the breach of contract obligations etc.
Following the results of the conference a legislative initiative was introduced to State Duma to define the exceptions when entering the constitutors into the register- Russian Federation, state authorities etc. and consider the amendments to the Federal Law 44-FZ which shall eliminate the possibility of a customer abuse when groundless entering tender participants’ names into the Unfair Supplier Register in the event of unilateral refusal to fulfil the contract.
A related law was drafted by the specialists of our company.