FAS ACTIVITY IS AIMED AT FORMATION OF COMPETITIVE PRACTICE IN APPLICATION OF LEGISLATION ON PUBLIC PROCUREMENT
Petr Ivanov, Deputy Head of FAS Russia, discussed it during the XVIII Forum-exhibition STATE ORDER
Deputy Head of FAS Russia noted that this year marks the 10th anniversary of the adoption of the Law on the Contract System*. Over the past years, it has changed, adapting to new economic conditions and taking into account the needs of all participants in the public procurement system.
The adoption of an "optimization package"** aimed at improving procurement activities and simplifying procedures had a positive impact on the functioning of the contract system. Since the law came into force in 2022, FAS Russia has considered about 37 thousand complaints, which is 30 % less than a year earlier. It is due to the provisions of the law, which made it more difficult for "professional complainants" to interfere in competitive procedures. At the same time, the number of complaints recognized as justified has increased, which indicates the adaptation of participants in the procurement system to the new rules of appeal.
Deputy Head of FAS Russia also spoke about the practice of concluding contracts with a single supplier by regional authorities. A number of regions in 2022 did not use the right given to them by the Federal Law No. 46-FZ***. At the same time, there are also regions in which the volume of purchases from a single supplier exceeded the volume of purchases through competitive procedures. Petr Ivanov encouraged the authorities of the subjects of the Russian Federation to take a reasonable approach to the implementation of the powers given to them, which are aimed at ensuring urgent purchases. According to FAS Russia, where competitive procedures are available, they should be pursued.
At the end of the report, Petr Ivanov noted that FAS Russia closely cooperates with all participants of the contract system, and it allows the authority to receive information about all the problems arising in the industry. Based on the data obtained, in 2022, the authority issued 16 systematic explanations of legislation, held an All–Russian conference in the field of procurement "State Order - the engine of competition", as well as a number of educational events in the regions of Russia. The authority is open to dialogue, and its employees are ready to answer all questions of interest to the participants of the contract system – both within the framework of the forum and in their work activities.
* Federal Law No. 44-FZ of 05.04.2013 "On the Contract System in the Field of Procurement of Goods, Works, Services for State and Municipal Needs"
** Federal Law No. 360-FZ of 02.07.2021 "On Amendments to Certain Legislative Acts of the Russian Federation"
*** Federal Law No. 46-FZ of 08.03.2022 "On Amendments to Certain Legislative Acts of the Russian Federation"