Government procurement

[Группа К]

1) OKDP 7492000 Services for the investigation and security of individuals and property;
2) OKDP 7492010 Investigation services;
3) OKDP 7492020 Security advisory services;
4) OKDP 7492090 Other investigation and security services;
5) OKDP 7523000 Services in the field of public order and safety.
6) OKVED 75.24. Activities to ensure public order and security
7) OKVED 74.60. Provision of paid investigative and security services

The list of services No. 1-7 is rather typical for the activities of the departments of extra-departmental protection of the internal affairs bodies and private security organizations, including various FSUE Departmental Protection ....
You can, of course, with a great desire, find an analogy with the activities of private detectives, but only where there is a noun INVESTIGATION (S) ...

I agree, but not in terms of the desire to find an analogy. Here is presented not just a list of codes, but their selection. Moreover, statistical codes do not always reflect the real subject of the contract. Sometimes there are simply amazing cases when trading on an exclusively "detective topic" is accompanied by the code 8500000 SERVICES IN THE AREA OF HEALTH AND IN THE SOCIAL AREA. For example, "Provision of information services when checking potential counterparties"

On the other hand, the most common case is when the customer indicates the code 7492020. Moreover, the subject of the contract most often looks like this: "The Contractor agrees to provide the Customer with information and consulting services for the provision of analytical reports (not more than 7 (seven) per month), defining customer risk when selecting potential counterparties. "

The conclusion is this. In preparing the initiative, one should refer not only to codes, but to their linkage to the subject of the contract. And if the subject of the contract contains identical with the detective service, then the requirement for the contractor to have a detective license must come into force.

Something like this

 

[Детективное агентство Тула]

You confused me. : shock:
Give up! : oops:

 

[Группа К]

You confused me. : shock:
Give up! : oops:

This is normal! You can’t figure it out without a glass

All purchases are regulated by many regulatory acts, but there are three main ones:
- The Federal Law “On the contract system in the field of procurement of goods, work, services to meet state and municipal needs” (No. 223-FZ),
- The Federal Law "On Procurement of Goods, Work, Services by Certain Types of Legal Entities" (No. 44-FZ),
- The Federal Law “On the placement of orders for the supply of goods, performance of work, and the provision of services for state and municipal needs” (No. 94-ФЗ).

Based on the meaning of these laws, the customer should always indicate the linkage of the Statistical Code with the subject of the contract (or with the name of the auction). As for the name of the auction, there are no problems - they are visible in the registry. The subject of the contract is more complicated. It can only be found in the documentation, which is sometimes missing.

My proposal so far comes down to the following:
1. If the subject of bidding and / or the subject of the contract for this bidding is identical to services in Article 3 of the Law of the Russian Federation dated March 11, 1992 No. 2487-1, then one of the requirements for placing an order should be a license for BH activities.

2. When specifying the following codes, require a license for NPV
1) 7492000 Investigation and security services for individuals and property;
2) 7492010 Investigation services;
3) 7492020 Security Advisory Services;
4) 7492090 Other investigation and security services;
5) 74.60. Provision of paid investigative and security services

 

[Детектив-Юг]

I fully support this point of view and join the author ... However, there is one "misunderstanding" ... What does the "public procurement" site, which holds government contracts, have to do with all this ... The trick is whether representatives will have the desire it is of state structures, including local government structures, to use the services of non-state "services" (including the Black Sea region) ... According to the private security company, it’s clear that this is possible ... But our NPV is a very specific area of activity, which is unlikely whether public funds will be spent (if there are alternative state structures that can collect information to ensure the functioning of state structures) ...

Andrei Valerievich, a Klondike in this field.
Last year, the most delicious customers came from government agencies.
In some rats, poison, in others, leaks - they can’t work, in the third case. comp. reveal about cockroaches in general I am silent - everyone wants to get rid.
There are also those who have little sense to advance from the capitals; it’s more advisable to connect the detective to start, so as not to leak.

 

[Группа К]

so

The purpose of this document is the guaranteed admission of private investigators to the public procurement market. Monitoring of the registry of contracts has shown that a number of businessmen are actively misleading consumers regarding debt collection agreements. This, of course, is about collectors.

I am opposed to the collectors taking our piece of the market. There are several ways to convince the authorities.
1) To apply to the Ministry of Economic Development with the initiative to oblige bidders under debt collection agreements to contact detectives.
2) Apply to the FAS with a claim for one of the tenders, where the customer involved a collector to collect the debt.

Both options are normal, but I'm for the second and that's why. If a class action lawsuit is filed to establish a violation of antitrust laws. At the same time, there is a chance that the fact of an established offense will have prejudicial significance. This means that all subsequent tenders for the collection of debts will have to follow the decision of the arbitration court in our case.

Who agrees to participate in the courts - read the lawsuit and sign.

I enclose a statement of claim to the FAS below. For obvious reasons, the data about the defendant is erased. I would be grateful for helpful comments and suggestions.


==================================================

COLLECTIVE SUIT

In accordance with the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Work, Services for State and Municipal Needs” (No. 223-ФЗ), when purchasing on the official website in the Internet information and telecommunication network to place information on placing orders for the supply of goods, the performance of work, the provision of services ([DLMURL] https://www.zakupki.gov.ru [/ DLMURL]) (hereinafter referred to as the official website) procurement information is posted, including a notice of procurement, documentation on procurement , the draft contract, which is an integral part of the notice of procurement.

The procurement notice must include, inter alia, the following information: subject of the contract indicating the scope of work performed, services rendered.

From an analysis of the conditions of purchase No. XXXXXXXXXX of the register of contracts published on the official website, it follows that the customer Open Joint Stock Company "XXXXXXXXXXXX" has placed an application for the purchase of services for the collection of overdue debts of OJSC XXXXXXXXXXX customers from LLC XXXXXXXXXXXXXX. The contract is valid and the parties participate in it to the present.

As follows from Article 3 of the Law of the Russian Federation dated March 11, 1992 No. 2487-1 (as amended on July 2, 2013) “On Private Detective and Security Activities in the Russian Federation”, a private detective for the purposes of investigation is allowed to provide, including the following type of service: "Search for the person who is the debtor in accordance with the writ of execution, his property, as well as search for the child in the writ of execution containing the requirement to select the child, on a contractual basis with the recoverer."

Thus, the name of the services in Part 8 of Article 3 of the Law of the Russian Federation dated March 11, 1992 No. 2487-1 and the subject of the purchase contract No. ХХХХХХХХХХХХХ of the registry of contracts published on the official website have similar characteristics, consist of similar components and are therefore identical.

In accordance with Article 1 of the Law of the Russian Federation "On Private Detective and Security Activities in the Russian Federation" private detective activity is provided only by individual entrepreneurs who have special permission (license) of the internal affairs bodies. LLC “XXXXXXXXXXXXXXX” does not have a license to provide private detective services.

At the same time, it has been established from open sources (the Internet) that LLC “XXXXXXXXXXXXXXXXXX” established OJSC “XXXXXXXXXXXXXXX” as its own collection agency.

As a result of the actions of the group of persons “XXXXXXXXXXXXXXXXX” to coordinate procurement to collect overdue debts, competition at the auction was eliminated or limited, which led to the prohibition of private detectives from the auction.

According to Part 3 of Article 37 of the Federal Law No. 135-FZ “On the Protection of Competition”, persons whose rights and interests are violated as a result of violation of the antimonopoly law are entitled to apply to the court, the arbitration court in the established manner with claims, including claims for the restoration of the violated right

Guided by Article 23, Part 1 of Article 39, Parts 1-3 of Article 41, Part 1 of Article 48, Article 49 of the Law on Protection of Competition, we ask:
1. Recognize OJSC “XXXXXXXXXXX” as violating paragraph 1 of part 1 of Article 14 of the Law on Protection of Competition by concluding an Agreement that disseminates inaccurate and distorted information with respect to persons authorized to collect overdue debts.
2. To oblige OJSC "XXXXXXXXXXXXX" when concluding debt collection services contracts, to require the contractor to have a license for private detective work.

Captions

 

[Андрей Захаров]

Alexander.And isn’t it easier to initiate an audit of the activities of a particular LLC in the routine of general supervision by the prosecutor's office of a particular region for the legality of the activities of a particular LLC in terms of licensed activities by a person who does not have a license ... If such activities of the LLC are established during the prosecutor verification, this will also be a good pretender, with whom it will be possible to turn to the court in the manner indicated by you ... In addition, this move has its own advantage - all evidence of illegal activity obtained during the prosecutor's inspection can be used in court .. . (this is one of the options) ... Here at the Forum a lot was said about the legality and non-legality of the activities of persons who, without a license, actually fulfill orders for NPV (with regards to the Kyrgyz Republic, etc.) ... Moreover, they ( KR, etc.) claim that they do not violate the Law, offering all those who have doubts about this to go to court ... However, I am 100% sure that none of these persons, the KR, have ever were subjected to prosecutorial verification (in the order of general supervision) for the legality of their activities ... (this is just an alternative to going to court ... Although I think that there are no sufficient grounds for going to court on such issues, because. while there is no dispute, there is no court .... But this is the nuances of jurisprudence) ... I certainly agree with you Alexander that a fairly large number of orders, especially in terms of collecting information for conducting business negotiations, etc., "goes" to the side -not a black hole (although this is purely our job, if this service is provided to a third party). If the collection of information is carried out by the person who needs it, there are certainly no violations ... But, as is clear from practice, this service is mainly provided to third parties ... And with this (in order for everything to be in accordance with the Law), you definitely need to do something, because I personally think that all these orders should be implemented precisely by licensed BHs, which will certainly affect the authority of this profession and will, to some extent, protect potential customers from "crooks" ....

 

[Группа К]

Alexander.And isn’t it easier to initiate an audit of the activities of a particular LLC in the routine of general supervision by the prosecutor's office of a particular region for the legality of the activities of a particular LLC in terms of licensed activities by a person who does not have a license ... If such activities of the LLC are established during the prosecutor verification, this will also be a good pretender, with whom it will be possible to turn to the court in the manner indicated by you ... In addition, this move has its own advantage - all evidence of illegal activity obtained during the prosecutor's inspection can be used in court .. . (this is one of the options) ... Here at the Forum a lot was said about the legality and non-legality of the activities of persons who, without a license, actually fulfill orders for NPV (with regards to the Kyrgyz Republic, etc.) ... Moreover, they ( KR, etc.) claim that they do not violate the Law, offering all those who have doubts about this to go to court ... However, I am 100% sure that none of these persons, the KR, have ever were subjected to prosecutorial verification (in the order of general supervision) for the legality of their activities ... (this is just an alternative to going to court ... Although I think that there are no sufficient grounds for going to court on such issues, because. while there is no dispute, there is no court .... But this is the nuances of jurisprudence) ... I certainly agree with you Alexander that a fairly large number of orders, especially in terms of collecting information for conducting business negotiations, etc., "goes" to the side -not a black hole (although this is purely our job, if this service is provided to a third party). If the collection of information is carried out by the person who needs it, there are certainly no violations ... But, as is clear from practice, this service is mainly provided to third parties ... And with this (in order for everything to be in accordance with the Law), you definitely need to do something, because I personally think that all these orders should be implemented precisely by licensed BHs, which will certainly affect the authority of this profession and will, to some extent, protect potential customers from "crooks" ....

Andrey, thanks for the support.
In principle, you are right, and the law obliges us to report “anywhere” in case of detection of signs of a crime. However, from my experience I will say that after a written notification to the prosecutor’s gene, the detective’s message reaches the addressee in the best case after 3 or even 4 months. There is only one plus in this design - your application is guaranteed to be accepted, reviewed and carried out by the authorized body. The downside is the loss of time, effort and, most importantly, the lack of result.

You can also apply directly to the investigating authority in whose territory, as it seems to us, a violation has occurred provided for by Art. 178 of the Criminal Code. This norm provides for punishment for the prevention, restriction or elimination of competition by the conclusion by business entities-competitors of an agreement (cartel) restricting competition, repeated abuse of a dominant position, expressed in the establishment and (or) maintenance of a monopolistically high or monopolistically low price of goods, unjustified refusal or avoidance of concluding an agreement, restricting access to the market if these acts caused major damage to citizens, organizations or the state or resulted in large-scale revenue generation. However, the effectiveness of attracting offenders in this case is also in doubt, as evidenced by Parktika repeated amendments to Article 178 of the Criminal Code of the Russian Federation.

For the purposes of procedural economy, if as a result of violation of the law the rights of a large circle of persons are violated, then one of the victims has the right to file a collective (group) lawsuit in FAS in defense of all victims.

Moreover, if this decision is confirmed by the arbitral tribunal, then with respect to the defendant, recognized by the antimonopoly body as a violator, the fact of the violation found will have prejudicial significance.

Therefore, I am for contacting the FAS

 

[Андрей Захаров]

Alexander. In principle, it is thought-going to court with this wording, without a “texture” that specifies the actions of a particular LLC person (that is, how did you get information about who collected them, based on which) the result will not (simply from practice) ... And the initiation of a prosecutor’s check (not as a check of a message about the commission of any offense, but in the exercise of general supervision) is thought-can give a positive result, on the basis of which it will be possible (if at all necessary), will go to court ... Although for such LLCs, the results obtained during the implementation of prosecutorial supervision will be enough .... (unless, of course, any violations of the norms of current legislation are revealed, in particular, the implementation of actions subject to licensing). ...