SINCE 2024, FAS DOES NOT CONSIDER COMPLAINTS FROM PERSONS IN SPECIFIC CASES

The Authority sent an appropriate letter to its regional offices

The FAS Russia reminds that in case of filing a complaint*, the rights and legitimate interests of the procurement participant may be violated.

In cases where the notification establishes special requirements for participants**, the Authority will check whether the applicant has them on the complaint. If the applicant does not have special legal capacity and/or does not have relevant experience, the Authority will refuse to accept the complaint for consideration on the merits.

In such cases, the rights and legitimate interests of the procurement participant cannot be violated by the actions (inaction) of the subject of control.

The measure is aimed at combating "professional complainants" and will prevent cases of abuse by individuals of the right to appeal against purchases.

Thus, during the period from January 1 to January 31, 2024, the Service received
2, 146 complaints, 228 of which were rejected (10,6 %). At the same time, during the same period last year, the FAS Russia received 2, 730 complaints, 139 of which were refused (5 %).

Reference:

* Part 1 of the Article 105 of the Law on the Contract System

** the right to engage in certain types of activities only on the basis of a special permit (license) or if there is membership in a self-regulating organization