FAS: PROCUREMENT OF "SANCTIONED" COMPANIES SHOULD BE CONDUCTED IN A COMPETITIVE WAY AT EIGHT SITES

It will contribute to involvement of more participants and increase budget savings

It was told by the Deputy Head of FAS Russia, Petr Ivanov, at the All-Russian Conference in the field of procurement. The authority continues to protect the competitive environment in procurement conducted in accordance with the Federal Law No. 223-FZ.

Currently, procurement of sanctioned customers have been transferred to a closed circuit and are carried out at three specialized sites*. In the vast majority of cases, they are carried out outside the framework of the state defence order and their conduct does not require the operator of the electronic platform to have a license to work with state secrets.

Petr Ivanov noted that the immediate purpose of the adoption of the Resolution No. 301** is to create appropriate conditions for participation in procurement, as well as to reduce the risk of sanctions, secondary or other restrictive measures being imposed on procurement participants by unfriendly foreign states. At the same time, the authority observes the opposite effect of the introduction of the above measures. It affects, in particular, the willingness of potential performers to participate in such purchases, as well as reduces the development of competition at the relevant auctions.

Besides, in the current situation, when calculating pricing in the field of regulated prices (tariffs), the costs incurred by customers when conducting purchases in a non-competitive form cannot be taken into account. It has a negative impact on the current activities of companies.

In addition, the adoption of the relevant resolution led to ambiguity in the order of its application by both economic entities and control bodies. Thus, a number of customers place relevant purchases on specialized closed sites, while others conduct such purchases openly, placing information in the public domain on the websites of operators of electronic platforms.

According to FAS Russia, in order to increase the number of applications at such auctions, involve more participants and increase budget savings, it is advisable to carry out such purchases at eight sites determined by the Government of the Russian Federation***. In this case, these purchases must be carried out in compliance with the proper level of security.

* In accordance with the Resolution of the Government of the Russian Federation No. 301

** Resolution of the Government of the Russian Federation of March 6, 2022 No. 301 "On the grounds of non-placement on the official website of the unified information system in the field of procurement of goods, works, services to meet state and municipal needs in the information and telecommunications network Internet of information on purchases of goods, works, services, information about suppliers (contractors, performers) with whom contracts have been concluded"

*** Order of the Government of the Russian Federation of July 12, 2018 No. 1447-р