State Order: How to Respond to the Inactivity (Actions) of the E-Commerce Operator

The system of state orders is one of the most important elements of the state financial system and one of the most profitable and profitable lines of business.

Recently, the state order system has undergone serious changes. For conducting electronic auctions, the state selected 5 sites out of 18 submitted applications.

Among the winners were 2 government sites - the Single Electronic Marketplace (Moscow) and the electronic platform of the Republic of Tatarstan, the RTS, MICEX and Sberbank-AST. All these sites ensure the implementation of state orders.

Such a system was introduced in order to increase the transparency of government contracts, increase competition and minimize the risks of dishonest behavior of customers and suppliers. But not all negative aspects have left with the introduction of electronic auctions. All the same there are those who find loopholes and bypass the law.

The operator of the electronic platform is an "invisible" person in the state order system. By law, site operators must:

• To provide the participants of an order's placement with access and identification means on the electronic platform;

• To ensure the confidentiality of the means of identification of the RDT and access to the site;

• Ensure the reliability of the functioning of the technical and software tools used for electronic auctions, the same accessibility of the RDO to participation in the auction;

• Follow the compliance with the rules of document circulation and the deadlines for the return of funds during the electronic auction;

• Keep the register of the SRO.

  In addition, the operator of the electronic platform is responsible for the disclosure of information about the SRO, who applied for participation in the auction. The operator is obliged to maintain the confidentiality of the content of the second parts of the applications before summing up the results of the electronic auction. This confidentiality consists in ensuring the safety of documents and excluding the possibility of disclosure of information or the transfer of documents to third parties.

  So, the operator of the electronic platform is an important link connecting the customer and the supplier. And then the question arises of the conscientiousness of the operator. After all, when there is a responsibility, there will be violations.

  There can be various problems in connection with the action or inaction of the operator of the electronic platform. For example, one supplier can call another and "invite" to withdraw the application. And for the confidentiality of information the operator of the site is responsible. Solve or not with violations, each participant decides to place an order. Just need to know that inaction or operator actions can be appealed, as well as inaction (actions) of the customer, specialized organization, authorized body, quoting, auction or tender commission. Such an appeal is permissible at any stage of the state order.

  The most important thing in the appeal is not to get confused in terms. The law establishes a "general" time for appeal - it should not take more than 10 days from the moment it is placed on the site:

  • The protocol for consideration of applications for participation in the auction;

  • The auction protocol if it is declared invalid;

  • Protocol of summarizing the auction.

    The appeal of actions or omissions of the operator related to the holding of the auction is also allowed within 10 days.

    The federal law also establishes a "special" term for appealing against the operator of the site, but it concerns only the issues of accreditation of the SRO on the site and is 30 days from the moment when the actions complained of have been committed.

    However, even in the situation when all the terms have expired, it is possible to appeal the actions of the operator, but only in a judicial procedure.