FAS: EXECUTION OF OFFSET CONTRACTS AND STATE OF COMPETITION IN THE RELEVANT MARKETS ARE UNDER SPECIAL CONTROL

We are talking about long-term supply contracts, under which suppliers assume investment obligations

It was announced by the Deputy Head of FAS Russia, Petr Ivanov, during the session of the All-Russian Procurement Conference "State Order - the engine of competition", dedicated to the implementation of offset contracts.

FAS Russia notes that in such contracts, it is advisable for the customer to establish a formula for the contract price, which will take into account part of the possible long-term costs of the supplier-investor. Such pricing will allow to maintain a balance between the market and the budget. FAS Russia notes that the Law on the contract system* provides for the possibility of using the contract price formula by the decision of the Government of the Russian Federation.

The offset contract mechanism grants the customer the right of guaranteed purchase of products from the investor (product supplier). According to FAS Russia, goods that are created due to the state order should also be sold on the open market in a competitive environment.

Besides, FAS Russia promptly responds to problems arising during the implementation of offset contracts. Taking into account the opportunity to conclude interregional offset contracts, as well as the reduction of the minimum investment volume from 1 billion to 100 million rubles**, the authority will in practice consider the issues of combining the supply of products for various entities into one lot.

* Federal Law of 18.07.2011 No. 223-FZ "On Procurement of Goods, Works, Services by Certain Types of Legal Entities"

** Federal Law of 06.28.2022 No. 231 "On Amendments to Certain Legislative Acts of the Russian Federation"