You Found a Procurement and Want to Know Whether It Is Worth Participating
The bidder requirements, procurement terms, draft contract, security requirements and legal risks need to be reviewed before the bid is filed.
44-FZ • 223-FZ • CORPORATE PROCUREMENT
Legal Support for Participation in Public, Municipal and Corporate Procurement
We support suppliers from procurement analysis and bid preparation through contract award and performance. We also handle disputes with contracting authorities, challenges to procurement violations and defense when inclusion in the Register of Unfair Suppliers is being considered.
WHEN A LAWYER MAY BE NEEDED
What Is Your Procurement Situation?
You Are Not Sure the Bid Meets the Requirements
The documents, participant information and contracting authority requirements need to be checked to reduce the risk of rejection on formal grounds.
Your Bid Was Rejected
The reason for rejection needs to be analyzed, the commission’s actions reviewed and the available protection route identified quickly.
The Procurement Terms Restrict Participation
The contracting authority’s requirements appear excessive, contradictory or create unjustified barriers to participation.
You Won and Need to Conclude the Contract
The draft contract, security, deadlines and actions required after the results are announced need to be checked.
A Dispute Has Arisen during Contract Performance
The contracting authority has raised claims concerning deadlines, quality, scope, acceptance, penalties or other performance terms.
The Contracting Authority Does Not Accept the Result or Does Not Pay
The supplier’s legal position and pre-trial documents need to be prepared and the further route for recovering payment determined.
There Is a Risk of Inclusion in the RNP
The contracting authority has submitted information, or a dispute relating to contract award or performance may lead to consideration by the antimonopoly authority.
Nikolay NemkovManaging Partner, Konsultant Law Firm
Managing Partner’s Commentary
Nikolay Nemkov on the Legal Risks of Participating in Procurement
Why the decision to participate should be made only after reviewing not merely the procurement price, but also the bidder requirements, draft contract, security and the consequences of performance.
Key Points
- 01Whether the procurement requirements can be met
- 02Which obligations arise after winning
- 03What happens if performance does not go according to plan
BEFORE THE BID IS FILED
Review the Contract First. Decide Whether to Participate Second.
Winning a procurement is not, by itself, a commercial result. After winning, the supplier becomes obliged to conclude and perform the contract on the procurement terms. Before filing the bid, it is therefore necessary to assess not only whether the bidder can be admitted, but also the actual obligations, security requirements, liability and economic risks of performance.
01
Bidder Requirements
We review whether the company meets the participation requirements and which documents or information must be confirmed.
02
Bid
We compare the bid contents with the procurement notice, procurement requirements and admission criteria.
03
Draft Contract
We review deadlines, performance procedure, acceptance, payment, security, liability and other terms that are material for the supplier.
04
Performance Risks
We assess whether the company can perform the obligations on the proposed terms and what legal consequences may arise from deviations.
WHAT WE DO
What Procurement and Tender Support Includes
Procurement Analysis
We review the notice, bidder requirements, description of the subject matter, criteria, draft contract and legally significant participation terms.
Participant Readiness Review
We review company information, authority, electronic signature and the documents required for participation in the specific procurement.
Bid Preparation
We prepare and review the legal part of the bid in light of the requirements of the specific procurement.
Requests and Clarifications
Where necessary, we prepare requests concerning procurement provisions that require clarification before the bid deadline.
Contract Award
We support the legal part of concluding the contract, review the final text and the steps required to provide security where applicable.
Performance and Settlements
We handle issues involving acceptance, deadlines, changes, pre-trial claims, penalties and payment for completed obligations.
FAS and Court Disputes
We prepare complaints, objections and the legal position where procurement violations occur, inclusion in the RNP is at risk, or other disputes arise between the participant and the contracting authority.
THREE STAGES
The Legal Work Does Not End with the Bid
BEFORE FILING
Review the Procurement
Requirements, documents, draft contract, security and the ability to perform the obligations.
AFTER WINNING
Conclude and Perform the Contract
Signature, security, acceptance, changes, claims and settlements.
IF A DISPUTE ARISES
Protect the Position
FAS, the RNP, pre-trial claims and court protection depending on the nature of the violation.
EXPERT COMMENTARY
Comments and Publications on This Practice Area
Nikolay Nemkov and the experts at Konsultant Law Firm comment in the media on issues related to this practice area.
Where the Money Is in Procurement Now: Opportunities under 44-FZ and 223-FZ for Small Businesses
Read Publication →Konsultant Law Firm
The firm has been practicing since 2007. We handle litigation and complex legal matters for businesses in Krasnoyarsk, Moscow and other regions of Russia.
Since 2007
in legal practice
1,000+
court proceedings
Across Russia
Krasnoyarsk • Moscow • other regions
Winning a Tender Is Only the Beginning of the Obligations
After the winner is determined, the legal risks do not end. The supplier must conclude the contract on time, provide the required security and then perform the obligations on the agreed terms.
Errors at this stage may lead not only to a financial dispute with the contracting authority but also to consideration of whether the supplier should be included in the Register of Unfair Suppliers. The draft contract should therefore be assessed before the bid is filed.
How We Start Working on the Matter
01You Send the Procurement Link or Number
If a dispute has already arisen, we also receive the bid, protocol, draft contract, correspondence and other documents relevant to the situation.
02We Identify the Stage
Before filing, after rejection, contract award, performance, a FAS dispute or risk of inclusion in the RNP.
03We Analyze the Risks
We review procurement requirements, the participant’s documents, contract terms and the circumstances of the dispute.
04We Recommend the Next Steps
We determine what needs to be done now: prepare the bid, adjust the position, file a complaint, conclude the contract or defend the company in a dispute.
MANAGING PARTNER
Konsultant Law Firm Lawyers
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
More than 20 years of practice in complex property and corporate disputes. Practicing insolvency practitioner.
Questions about Tender and Procurement Support
Which procurements do you support?
This service covers legal support for suppliers participating in public and municipal procurement under Federal Law No. 44-FZ, as well as corporate procurement governed by Federal Law No. 223-FZ and the procurement regulations of the specific contracting authority. The scope of work depends on the procedure and stage of the particular procurement.
What should be reviewed before a bid is filed?
The bidder and bid requirements, admission conditions, description of the subject matter, draft contract, performance and acceptance procedure, security requirements and the parties’ liability should be reviewed. A legally correct bid does not automatically make participation commercially sensible if the contract itself contains risks that the supplier cannot accept or perform.
Can a bid rejection be challenged?
In the circumstances provided by law, actions of the contracting authority, procurement commission, operator of the electronic trading platform and other participants in the procurement procedure may be challenged before the competent control or antimonopoly authority. The procedure and time limit depend on the applicable law, procurement type, subject of the complaint and stage of the procedure, so the protocol and procurement materials should be reviewed immediately after rejection.
What is bid security?
In procurement under Federal Law No. 44-FZ, the contracting authority establishes bid security in the circumstances provided by law. The participant may provide it in cash or by an independent guarantee in the manner prescribed by law. The specific requirements must be checked against the notice and procurement terms.
What should be done after winning an electronic procurement?
The prescribed contract-award procedure must be followed, the final draft checked, all required signature steps completed on time and contract performance security provided where required. This stage cannot be ignored: a breach of the contract-award procedure may create a risk that the participant is deemed to have evaded conclusion of the contract.
When is there a risk of inclusion in the RNP?
Under Federal Law No. 44-FZ, information may be considered for inclusion in the Register of Unfair Suppliers, in particular where a participant evades conclusion of the contract and in circumstances provided by law relating to non-performance or improper performance of obligations. The specific risk depends on the facts, and submission of information by the contracting authority does not mean automatic inclusion in the register.
Do you only support the filing of the bid, or also performance of the contract?
The service may cover the entire legal cycle of a particular procurement: pre-participation analysis, bid preparation, contract award, performance and acceptance issues, pre-trial claims, payment disputes, applications to the antimonopoly authority and court protection. The specific scope is fixed for the client’s task before work begins.
We Will Review Your Procurement or Tender Dispute
Provide the procurement number or link and briefly describe the task. If a problem has already arisen, explain what happened: bid rejection, contract award, performance, non-payment, a FAS complaint or risk of inclusion in the RNP.