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Legal briefing notes

Support of tenders and government contracts.

Tender support

Qualified legal assistance may be required at any stage of bidding process or challenging its results or conclusion of the contract and its performance. Knowledge of code law and legal contradictions and administrative practices allow us to take into account all interests of bidders and also protect their right from risks of a violation.

When the tendering is between state-owned and municipal enterprises the expenditure of a budget is subject to special oversight. Any amendments during delivery of the goods or providing services or works execution in such cases can cause substantial liability both the administrative and criminal. The difficult issues of law enforcement can appear at the stage of organization and participation in tendering and also during the time for performance of the concluded contract.
Also, disputes between the parties of procurement are common for this other bidders are disqualified from participating in tendering. Unscrupulous suppliers may appeal against such tenders.

Cases, when the contract is concluded with only one supplier, are particularly noteworthy. The opportunities of such cases are restricted by law. Even an emergency is not a sufficient reason for the lack of bidding.

The tasks of bidding support

The main task of bidding support for the client is in the preparation of all bidding documents that stand the test of not only law but also common sense considerations and also will be responsive to the requests of a client. Tender support let not worry about the occasional clumsy in the documents and after concluding the contract allows you to confirm your business with documents, that were drafted clearly and precisely without any risks of challenges and non-payment.

Preparing the bidding documents

Quite often the separate and minor deviations from the law can lead to including in register of bad-faith suppliers and to the prosecution to administrative and material liability.

Including in the register of bad-faith suppliers, can cause reputational risk for the company and even block its work. Tax authorities can make claims to the companies that are included in the register of bad-faith suppliers and for the customers of such companies; they prevent deducting VAT and income tax.

Any changes in the conditions of the agreement that was concluded in tendering can cause a risk of not getting the payment. Such consequences can appear even when the customer agreed upon the changes or additional works but the customer did not form them and did not get funding limits of such changes.

In the legal services of supporting the tenders are included such activities like preparation of bidding documents for participating in tendering and the control of the documents that are drafted during the performance of contract funding.

The implementation of performance documentation that is precisely defined under the law especially on the construction works is essential for both the contractor and contracting authority. Any violations in the documentation can call into question earmarked of the obtained funding due contract.

Forming the expiry of the contract also should be supervised by the lawyer. Otherwise, during the inspection by the chamber of control, there is a risk of prosecution for the expenditure of budgetary resources.
It is not always when the contracting authority can claim that the contract was violated after the end of the period for delivery or completion of the work or providing the services. Any breaches in submitting a warranty claim can cause an inability to remedy defects that officially can be included in the category of warranty claims that is why you need to seek professional lawyers. The specialists of The Tsentralny okrug law firm prepare all bidding documents at affordable prices.

After discovering violations in the completion of the contract some contracting authorities often forget about their obligations. But they are responsible for delayed payments and for retaining the fundings and for violations in the order of signing documents.

If the government contract is not executed and as the consequences there was caused significant harm, the guilty one can be prosecuted to administrative or criminal liability.

Contracting authorities should remember that the prosecution to administrative or criminal liability is not only for the contractors. And for example, if the contract was terminated without sufficient reason or with violations of any procedures in the contract, the contracting authority will be prosecuted to administrative or criminal liability. And also he risks an audit by internal financial regulatory institutions.

Services of bidding support

The stages of bidding support of Contracting authority on a turn-key basis

  • The defining of significant signs of the subject matter of a treaty submitted for tendering
  • The manner in which tendering proceedings will be conducted
  • Registration of a Contracting authority in the electronic platform, preparing and posting of bidding provision, procurement plan and other documents which specify the conditions of the bidding procedure
  • Accompaniment of participation in tendering, assistance in response to questions and preparing of clarifications
  • Documentation of the results of tender
  • Organization of conclusion of the contract
  • Preparing forms of documents under the implementation of the contract
  • Organization and documentation of dispute resolution under the implementation of the contracts (if it is necessary)

Author is Anna Kononova

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