Complaints to the competition authority

What is happening

The specification describes the product so that only one model from one manufacturer fits, or the experience requirements shut out nearly everyone. While bids are still open, a complaint about the notice can get the terms corrected before the tender.

The bid was rejected for a non-compliance the bidder cannot see: a document supposedly missing, a characteristic stated "incorrectly", a declaration allegedly unsigned. A line-by-line comparison of the bid with the requirements decides everything here.

Scoring on non-price criteria: points awarded in an opaque way, one bidder's experience counted and another's not. Or a state-owned company ran the tender in breach of its own procurement regulation.

What the law says

• Under Federal Law No. 44-FZ of 5 April 2013 "On the Contract System for Procurement of Goods, Works and Services to Meet State and Municipal Needs" (Law 44-FZ), a bidder may challenge the actions of the customer, the committee and the electronic platform operator before the control authority; the complaint is filed through the unified information system.
• The deadline depends on the subject: a complaint about the notice must be filed before bids close, and one about the award shortly after the final protocol is published. A missed deadline usually leaves only the court.
• While the complaint is being considered, contract signing is generally suspended, so timing matters as much as content.
• For tenders under Federal Law No. 223-FZ of 18 July 2011 "On Procurement of Goods, Works and Services by Certain Types of Legal Entities" (Law 223-FZ), complaints are heard under the procedure in Federal Law No. 135-FZ of 26 July 2006 "On the Protection of Competition", and only on the grounds listed in Law 223-FZ. Framing the breach correctly is therefore essential.
• The authority's commission finds the complaint justified or unjustified and may issue an order to remedy the breach, up to cancelling protocols. The commission's decision may be challenged in the commercial court under the Commercial Procedure Code (APK).
• A complaint does not rule out other remedies, but while the contract is unsigned it is usually the quickest way to halt the procedure and make the customer reconsider.

What we do

• We compare the notice, the bid and the protocols and pick out the breaches that can be proved from documents.
• We check the deadlines and frame the complaint so that it is not returned unheard.
• We draft the complaint with reasoning and evidence and file it in the proper way.
• We prepare for the customer's objections and attend the commission hearing, including by video link.
• We monitor compliance with the order and, where needed, challenge the commission's decision in the commercial court.
• If a complaint is plainly weak, we say so and suggest another route.

What we will need from you

• The tender number in the unified information system and, for state-company tenders, the customer's procurement regulation.
• Your bid exactly as it was submitted to the platform.
• The protocols, clarifications and correspondence with the customer or platform operator.
• Documents showing that the goods or the bidder meet the requirements: certificates, contracts, acceptance documents.
• Who in the company will sign the complaint electronically or grant a power of attorney to file it.