Participation in competitions for the development of state and municipal tenders is the main source of income for many private enterprises. And despite the fact that the honesty and impartiality of auction organizers is controlled by the state, the facts of collusion and monopolization of the market are increasingly making themselves felt.
It is necessary
- - The Law on Protection of Competition in the Financial Services Market;
- - Law on Natural Monopolies;
- - copies of refusal to register in the auction or the results of the tender.
Instructions
Step 1
Study antitrust laws. You will need this knowledge in order to promptly identify violations of the rights of auction participants.
Step 2
Contact the Office of the Federal Antimonopoly Service if you have received a refusal to participate in the auction. In the complaint, indicate the reason the commission referred to in the refusal. It should be remembered that you have the right to appeal against other actions of the commission as well: changing the deadline for accepting applications, changing the requirements for auction participants after the start of accepting applications, etc. It is important to do this no later than 10 days from the date of refusal to accept the application or publication of the auction results, depending on the stage at which the competition was conducted. All applications submitted later than the deadline will be considered in court.
Step 3
Contact the supervisory authority if the FAS administration could not help you for one reason or another. Write a corresponding statement to the prosecutor's office, the financial control committee (for large cities) and courts of various instances. If you have doubts about the actions of the FAS employees, then indicate this in your application, drawing the attention of the supervisory authorities to the actions or inaction of civil servants. In this case, you will need to attach copies of the statements previously written to the FAS to the application.
Step 4
Use the services of tender centers to help identify violations during government auctions and competitions. Such services provide full-cycle consulting services: they help to identify violations, draw up relevant applications to the supervisory authorities, represent the client's interests in courts, etc. As a rule, the cost of the services of tender centers directly depends on the cost of the tender, and if a tender is received, they pay off. Therefore, it is recommended to contact such companies only if you are fully confident that you are right.
