HEAD OF FAS SPOKE ABOUT CONTROL ACTIVITIES IN THE FIELD OF PROCUREMENT IN 2021

Maxim Shaskolskiy announced important legislative innovations and new practices of the FAS

At the Fifth St. Petersburg International Forum of Contract Relations he noted that one of the main tasks of the FAS is to ensure and improve efficiency in conducting state and municipal procurement, as well as to eliminate violations of the legislation on the contract system.

Thus, the FAS Russia is currently developing a system for monitoring and evaluating the state of competition in the field of public procurement. It is planned that the Regional Offices of the FAS Russia will monitor the dynamics of changes of the competitive environment in the region and, if necessary, apply response measures. The result of such monitoring, on the basis of which the rating of regions on the level of competition in the field of public procurement will be prepared, will be regularly posted by the FAS Russia on public record.

The Head of the FAS Russia also spoke about the amendments to the 44-FZ adopted on July 2, 2021, in the development of which the competition authority was directly involved.

According to the FAS, a particularly important innovation is the provision aimed at combating professional complainants. Thus, a universal prequalification is being introduced, which consists in presenting additional requirements for participation in the procurement. In particular, the experience of fulfilling a contract worth at least 20% of the maximum starting price of contract (MSPC). Organizations that have not passed prequalification will not be able to file complaints and intentionally interfere with the procurement.

Maxim Shaskolskiy noted the increasing role of the unified information system (UIS) in the field of procurement. The advantages of using the UIS are the automated filling in of information necessary for filing a complaint, as well as the system of its automatic verification. This will significantly reduce the probability of a complaint being returned. Besides, both the procurement participant and the customer will receive real-time information about all stages of the complaint review in their personal account.

The Head of the FAS Russia noted that since July 5, 2021, the competition authority has received more than 2 thousand complaints through the UIS - that is 15% of the total number of complaints. Moreover, the FAS Russia notes a 1.5-fold decrease in refusals to accept complaints filed through the UIS.

Maxim Shaskolskiy drew attention to the fact that the functionality of the UIS can currently be applied only according to electronic procedures provided for by 44-FZ. From January 1, 2022, its application becomes mandatory.

Besides, the FAS Russia continues to work on the formation of a methodology that will form the basis for assessing the business reputation rating of entrepreneurs. The mechanism will simplify the conditions of access to the state order of suppliers with successfully executed contracts. The rating can be compiled based on data from the UIS. Companies with a high rating will be able to claim a reduction in the security of the application or the execution of the contract.

Maxim Shaskolskiy also mentioned the results of control measures. So, within 9 months of 2020 the FAS has received 66,623 complaints, and for the same period of 2021 – 52,241 complaints, that is 20% less. At the same time, 39% of complaints were recognized as justified, including partially, both in 2020 and in 2021. Of the total number of verified procedures, violations were detected in 32% of cases in 2020, and in 26% of the total number of verified procedures in 2021. Based on the results of complaints and inspections in 2020, the FAS Russia issued 16,774 prescriptions, of which 98% were fulfilled. In 2021, 14,496 prescriptions were issued, 95% of the total number was fulfilled.

According to the FAS, the decrease in the number of complaints is associated with decrease in the number of professional complainants and increase in the professionalism of customers.

In continuation of the topic, Olga Gorbacheva, Acting Head of Department for Control over Public Procurement and State Defense Order of the FAS Russia, spoke at the forum.

She told about the specific antimonopoly cases with violations of the law by bidders, which lead to a reduction the number of bidders and a decrease in competition at auctions.