FAS AIMS TO ENSURE FAIR APPLICATION OF PROCUREMENT LEGISLATION

It was discussed by Olga Gorbacheva, Head of the Department for Control over State Order of FAS Russia, during the All-Russian Forum-Exhibition STATE ORDER

The speaker noted that key problems of the functioning of the procurement system by certain types of legal entities include the issue of procurement from a single supplier. Customers often abuse the right to independently determine the procurement procedure and conclude a contract with a single supplier, even in competitive markets. At the same time, the possibility of appealing such contracts is limited by the term of their conclusion – after this moment, the complaint cannot be considered.

Olga Gorbacheva referred to the limitations in terms of the appeal period that are not grounds for neglecting the pro-competitive framework of Law No. 223-FZ. According to FAS Russia, purchases from a single supplier in competitive markets are unacceptable. This mechanism is aimed at the possibility of concluding only fixed-term contracts in markets with a low level of competition.

The authority notes that in case of abuse of the possibility of purchasing from a single supplier, FAS Russia can already respond in terms of antimonopoly legislation, including by imposing fines.

Besides, the speaker noted the need to combat subjectivity on the part of customers. FAS Russia receives a large number of complaints from suppliers about the lack of transparency of the requirements imposed on them and different approaches to suppliers of the same goods or services. The authority notes that all the requirements must be consistent with the procurement regulations and apply fairly to all suppliers. In the current conditions, it is especially important to ensure equal access of participants to procurement – it will contribute both to improving the efficiency of entrepreneurs and saving budget funds and funds of state-owned companies.