FAS RUSSIA EXPLAINED PROCEDURE FOR HOLDING CUSTOMERS LIABLE FOR NON-COMPLIANCE WITH MANDATORY VOLUME OF PURCHASES FROM SMES

A corresponding letter was sent by the FAS Russia to its regional offices

The FAS Russia recalls that the Procurement Law (1) provides for a number of cases in which customers are required to conduct purchases in accordance with the Law on the Contract System (2). These provisions relate to the mandatory volume of purchases from small and medium-sized enterprises (SMEs). Failure to comply with this obligation is subject to administrative liability (3).

Thus, if the FAS Russia receives information about a possible administrative offense, the Service and its regional offices will check the actions of the customer. If a violation is detected, the service initiates an administrative offense case (4).

The FAS Russia also recalls administrative liability for non-placement and violation of the deadlines for posting reports on the annual volume of purchases from SMEs in the Unified Information System (5).

The FAS Russia notes that an administrative offence is not only the failure of the customer to provide a report on the annual volume of the respective purchases, but also the placement of such information in violation of the time limit established by the Law on Procurement.

The Service has sent relevant clarifications to its regional offices. It will improve the formation of unified approaches in the law enforcement practice of the Authority.

Reference:

The document was prepared on the basis of the analysis of information provided by SME Corporation JSC.

(1) Federal Law of July 18, 2011, No. 223-FZ «On procurement of goods, works, services of certain types of legal entities»

(2) Federal Law of April 05, 2013, No. 44-FZ «On the contractual system in the sphere of procurement of goods, works, services for state and municipal needs»

(3) p. 3, Art. 7.32.3, Administrative Code of the Russian Federation

(4) Art. 28.1 of the Administrative Code of the Russian Federation

(5) p.4 and 5, Art.7.32.3 of the Administrative Code of the Russian Federation