FAS: IN 2021, WE REVEALED MORE THAN 8.5 THOUSAND VIOLATIONS IN PUBLIC PROCUREMENT

Olga Gorbacheva, Acting Head of Department for Control over State Order and State Defence Order, discussed it at the plenary session of the XVII All-Russian Forum-Exhibition "GOSZAKAZ".

She also drew attention to the improved quality of received complaints in connection with the introduction of online appeal. Now the Unified Information System checks all the necessary components of the submitted complaint, as well as the compliance with the "universal pre-qualification" (if necessary). Olga Gorbacheva noted that FAS receives complaints from professional market participants who are well versed in the rules of law and understand how a particular requirement violates their rights.

In addition, the Central Office of FAS receives an unprecedented number of complaints regarding actions of operators of electronic platforms. In this context, the role of State Information System "Independent Registrar" increases. Only through it, you can provide legally significant evidence of the failure.

Changes have also affected the register of dishonest suppliers. Due to the emergence of new tools to protect the rights of suppliers, any doubts are interpreted in their favor. The possibility of concluding additional agreements stipulating force majeure market factors has appeared. In addition, in March 2022 a norm appeared which allows suppliers to avoid inclusion in the register of bad-faith suppliers if performance is at risk of failure due to the current economic situation.

In 2022, FAS has already considered over 7 thousand appeals on inclusion of unfair suppliers in the register of bad-faith suppliers and over 3 thousand of them were included in it. Olga Gorbacheva stressed out that the obligation to fulfill a state contract lies on both parties, so the right to protect their interests should not lead to abuse on the part of customers.

* Decree of the Government of the Russian Federation of March 21, 2022 No. 417 "On amendments to some acts of the Government of the Russian Federation on the implementation of procurement of goods, works and services to meet state and municipal needs and the procurement of goods, works and services by certain types of legal entities".