public procurement system - one of the most important elements of financial management of the state and one of the most lucrative and profitable lines of business.
Recently, the system of public procurement is subject to major changes.For the state of electronic trading platforms has selected 5 out of 18 submitted applications.
Among the winners were two government platform - Unified electronic trading platform (Moscow) and the electronic platform of the Republic of Tatarstan, the RTS, MICEX and Sberbank AST.All these sites provide realization of the state order.
Such a system is introduced in order to improve the transparency of public procurement, increase competition and minimize the risks of misconduct customers and suppliers.But not all negative moments are gone with the introduction of electronic auctions.All the same, there are those who find loopholes to circumvent the law.
operator of an electronic platform is "invisible" in the face of public procurement.By law, operators have grounds:
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provide Bidders (PSR) and identification of the means of access to the electronic platform;
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to protect the confidentiality of PSR means of identification and access to the site;
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ensure the reliability of the hardware and software that are used to conduct electronic auctions, equal availability of PSR to the auction;
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enforce workflow rules and deadlines for return of funds during the electronic auction;
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maintain a register PSR.
In addition, the operator of an electronic platform is responsible for the disclosure of information about PSR, which have applied for participation in the auction.The operator is required to maintain the confidentiality of the contents of the second part of applications to summarizing the electronic auction.This confidentiality is to ensure the safety of documents and to avoid disclosure or transfer of documents to third parties.
Thus, the operator of an electronic platform is an important link between the customer and the supplier.And then he raised the issue of good faith of the operator.After all, when there is a responsibility, then there will be a violation.
various problems can arise in connection with an act or omission of the operator of an electronic platform.For example, one vendor can call another and "offer" to withdraw the application.And for the confidentiality of the information corresponds to the operator platform.Whether or not put up with violations, each participant decides to place the order.You just need to know what action or omission of the operator may be appealed as inaction (action) customer service organization authorized by the authority, bidding, auction or tender commission.Such an appeal is admissible at any stage of the public procurement.
most important thing in the appeal - not to get lost in the time.The law establishes a "generic" term for appeal - should pass no more than 10 days from the date when posted on the site:
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Protocol for consideration of applications for participation in the auction;
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minutes of the auction, if it is declared invalid;
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protocol summing up the auction.
appeal of actions or omissions of the operator relating to the conduct of the auction, allowed just 10 days.
federal law and established "special" time for appealing against the actions of the operator platform, but it only applies to issues of accreditation PSR on the site and is 30 days from the moment the acts complained of were committed.
However, in a situation where all the deadlines have expired, you can appeal the actions of the operator, but only in the courts.
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