FAS: MAINTANANCE OF COMPETITION IN PROCUREMENT IS ONE OF THE KEY TASKS OF STATE COMPETITION POLICY

It was stated by Maxim Shaskolskiy, Head of FAS Russia, during the All–Russian Conference in the field of procurement "State order - the engine of competition"

Head of FAS Russia noted that work aimed at eliminating violations and maintaining a balance of interests of customers and performers of the state order is of particular importance now. That is why, in the conditions of a general moratorium on scheduled inspections, it remains possible to carry out control measures in the field of procurement.

One of the most important steps for the development of the contract system in 2022 was the entry into force of the optimization law*, aimed at improving procurement activities and simplifying procurement procedures. The document includes provisions aimed at combating "professional complainants". We are talking about the introduction of an electronic appeal procedure and the imposing requirement on the procurement participants for the experience of the executed contract in the amount of at least 20% of the initial purchase price (universal prequalification). In the absence of such experience, organizations will not be able to file complaints and intentionally interfere with the procurement. In particular, due to this fact, in 2022 the number of complaints decreased by 39% compared to 2021.

Head of FAS Russia also said that in the first half of 2022, the volume of contracts concluded with a single supplier based on the results of failed procedures increased – it amounted to about 3.2 trillion rubles, which is 17% more than last year for the same period. It indicates decreasing level of competition, and there are often cases when a potential participant in a competitive procedure makes simple mistakes when submitting documents.

Since the entry into force of the Federal Law No. 46-FZ, more than 12 thousand contracts with a single supplier worth more than 500 billion rubles have been concluded in the regions of Russia, including in highly competitive markets. According to FAS Russia, if there is a possibility of conducting competitive procedures, they should be carried out. Therefore, the authority is negative towards the prospect of extending the provisions of the Federal Law No. 46-FZ without supplement of criteria clearly justifying the need to purchase from a single supplier.

At the end of his speech, Maxim Shaskolskiy noted that FAS Russia pays special attention to the consideration of cases on the inclusion of information about suppliers in the Register of Unscrupulous Suppliers. The decision to enter such information into the register is made collectively after consideration of the appeal on the merits. The authority finds out whether there was a fact of the customer's unilateral refusal to fulfill the contract due to significant violations by the supplier of the terms of the contract, and also conducts an unscheduled audit of the purchase. If FAS Russia finds that the proper execution of the contract by the supplier was impossible due to force majeure circumstances, then information about such a supplier is not included in the Register of Unscrupulous Suppliers.

* Federal Law of July 2, 2021 No. 360-FZ "On Amendments to Certain Legislative Acts of the Russian Federation"

** Federal Law of March 8, 2022 No. 46-FZ "On Amendments to Certain Legislative Acts of the Russian Federation"