FAS: STATE ORDER SHOULD BE AN ATTRACTIVE COMPETITIVE PLATFORM FOR BUSINESS

Competition in the field of procurement became a key topic of the speech of Maxim Shaskolskiy, Head FAS Russia, at the VI St. Petersburg International Forum of Contract Relations

The legislation on the contract system* is aimed not only at meeting the needs of customers, it implies the effective use of budget funds, and competition is a necessary mechanism for it. FAS Russia continues to closely monitor the state of competition in the field of state (municipal) procurement.

One of the most important tasks is the protection of national economic interests and compliance with the Article 14 of the Federal Law No. 44-FZ**. For this purpose, FAS Russia, together with the Ministry of Industry and Trade of Russia, regularly explains the specifics of the application of the national regime, helping customers to correctly perform procurement procedures.

Regarding the application of the Federal Law No. 46-FZ***, Head of FAS Russia recalled the need to comply with the conditions under which procurement from a single supplier and in other cases the preference for conducting competitive procedures are allowed.

The decision to purchase from a single supplier must be justified by the need to protect national interests in connection with the actions of individual states, the urgency and social significance of the purchase and the impossibility of conducting a competitive procedure in each specific case.

The report also noted the increased attention of FAS Russia in the current conditions to a detailed consideration of all the circumstances when working on inclusion in the Register of unfair suppliers. In 2022, only 39% of the number of appeals were included in the Register of Unfair Suppliers, compared to 52% in 2021.

The work of FAS Russia is aimed at training a "professional customer" who prefers and knows how to conduct competitive procedures to reduce the number of violations and optimize the costs of budgets of all levels.

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

** Federal Law No. 44-FZ of 05.04.2013 "On the Contract System in the Procurement of Goods, Works and Services for State and Municipal Needs"

*** Federal Law No. 46 of 08.03.2022 "On Amendments to Certain Legislative Acts of the Russian Federation"