Support in tenders

What is happening

A first tender: the company is registered in the unified information system but has no clear idea how to read the notice, the specification or the draft contract. The bid is put together from someone else's template and is rejected over a formal error.

An experienced bidder that used to win regularly runs into new rules: the national treatment regime, proof of country of origin, additional experience requirements. What worked a year ago now gets the bid rejected.

The contract has been won, and only now does the company notice the tight deadlines, a penalty for every breach and acceptance subject to expert review. Some of these risks could have been removed at the clarification stage.

What the law says

• Procurement by state and municipal customers is governed by 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). Procedures, deadlines and the content of bids are tightly regulated.
• State-owned companies, natural monopolies and certain other organisations procure 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). Here the customer's own procurement regulation sets many of the rules, so it must be read together with the tender documents.
• A bidder may request clarification of the notice or the tender documents. The clarification is published and may not change the substance of the requirements, but it can be relied on when preparing the bid.
• Tenders under Law 44-FZ are held electronically on trading platforms, and a supplier must be registered in the unified information system to take part.
• The bid and contract performance must be secured in the amount and form stated in the notice. Where the price is cut significantly, Law 44-FZ applies anti-dumping measures: increased security or proof of experience.
• A contract under Law 44-FZ is concluded on the terms of the notice and the bid, and once signed its essential terms may be changed only in the cases expressly provided for by the law.

What we do

• We go through the notice, the specification and the draft contract: requirements for the bidder and the goods, deadlines, acceptance and liability.
• We assess the risks and any signs that competition is being restricted, and prepare clarification requests.
• We check the bid before it is submitted: the documents, declarations, and proof of country of origin and experience.
• We advise on bid and performance security and on anti-dumping measures.
• We support the signing of the contract: the disagreement protocol, signing deadlines and security documents.
• If a bid is rejected without grounds or the tender terms restrict competition, we prepare a complaint to the competition authority.

What we will need from you

• The tender number in the unified information system if you have chosen one, or a description of the tenders you are interested in.
• Company details: constitutional documents, an extract from the state register, and your registration in the information system.
• Evidence of experience: completed contracts and acceptance documents.
• Product information: manufacturer, country of origin, certificates and declarations of conformity, and entries in registers of Russian products if any.
• Your internal limits: what deadlines, volumes and terms the company is prepared to accept.