Joint Tenderer in Procurement: Dilemmas of Semantics and Its Causal Relationship with Negative Procurement Effects

Abstract

The article analyzes the legislative concept of "joint tenderer" for procurement, which is carried out by certain legal entities. The literal interpretation of the term means one of the following forms of participation: legal entity, several legal entities on the side of one participant, natural entity (including individual entrepreneur), and several natural entities (including individual entrepreneurs) on the side of side of one participant. The problem to consider is whether association of legal or natural entities on one side of procurement can be regarded as a joint tenderer. The problem is seen at different angles by the academic community, procurement participants and customers, and state bodies like Ministry of economic development and trade of the Russian Federation, competition authorities ( Federal Antimonopoly Service of the Russian Federation), judicial opinion. It is shown that the use of conjunction “or” by the legislator has created and continues to create some problems. These problems have adverse consequences for the customer; consumers of purchased goods, works, services, and others. At the same time the norm of the law analyzed in the work has been several times amended by legislator. However, the problem discussed remains unaddressed by the legislator, which creates inconvenience for customers and procurement participants. The article offers a solution to the problem.