• The Federal Law of 21.07.2005 № 94-FZ "On placing orders for goods, works and services for state and municipal needs" - (Chapter 8)
• Russia’s FAS Administrative regulations for the implementation of complaint review functions (Order of the FAS of Russia dated 24.07.2012 № 498)
• Order establishing the FAS Commission (UFAS)
Legal base
2
Paragraph 1 of Article 8 of the Law 94-FZ:
The bidder may be:
any legal person regardless of its legal form, ownership, location and origin of capital
or any individual including an individual
entrepreneur.
Legal status of the bidder
3
Paragraph 1 of Article 57 of the Law 94-FZ:
Any bidder shall have the right to appeal in court, and in the manner provided for in Chapter 8 of 94-FZ to the FAS of Russia, the actions of the customer, authorized body, specialized organization, operator of an electronic platform, Tender Commission, if such actions violate the rights and legal interests of the bidder.
Who can complain?
4
Paragraph 2 of Article 57 of the Law 94-FZ:
Appeal against actions (inaction) of the customer, authorized body, specialized organization, tender, auction or quotation commission in the manner prescribed by this chapter shall be allowed at any time of the placing of the order, but not later than 10 days from the date of posting on the official website of the minutes of evaluation and comparison of applications for participation in the tender, auction minutes, and minutes of the review of applications for participation in the tender or minutes of the review of applications for participation in the auction in the event that a tender or auction failed, for a closed tender or closed auction - since the signing of the respective minutes and not later than 7 days from the date of posting on the official website of the minutes of the auction, conducted in accordance with paragraph 3 of article 40 of this Federal Law, minutes of the review and evaluation of quotations, except as provided in paragraphs 2.1 - 2.3 of this article.
The deadline for filing a complaintRULE № 1
5
The deadline for filing a complaintRULE № 1
Tender and Auction: 10 days
Request for quotations: 7 days
Date of publication of
the “final" minutes on the
official site
6
Paragraphs 2 and 2.1 of Article 57 of the
Law 94-FZ: The complaint regarding the documentation can
be submitted by the bidder prior to the deadline for the submission of applications for participation in the tender, applications for participation in the auction, open auction in the electronic format, applications with quotations.
The deadline for filing a complaintRULE № 2
7
The deadline for filing a complaintRULE № 2
8
Date of publication of
the final minutes
The complaint on the documentation
End date for submission of applications
10 (T,А) 7 (RQ) days
12
Paragraph 2, 2.1 of Article 57 of the Law 94-FZ:
If the appealed action (inaction) was committed after the start, respectively, of the opening of envelopes with applications for participation in the tender, review of applications for participation in the auction, review and evaluation of quotations, the appeal of such action (or inaction) can be exercised only by the bidder who has submitted, respectively, the application to participate in the tender, application to participate in the auction, application with quotation. If the appealed action (inaction) was committed during the review of the second part of applications for participation in the open auction or at the conclusion of the contract stage, such action (or inaction) can be appealed prior to the conclusion of the contract.
The deadline for filing a complaintRULE № 3
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Paragraph 3.1 of Article 60 of the Law 94-FZ:
Complaints regarding the results of evaluation of applications for participation in the tender conducted in accordance with the criteria for evaluation of applications for participation in the tender, Quality of works services and the bidder Qualification shall not be reviewed.
The deadline for filing a complaintRULE № 4
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Name (contacts) of a party whose actions are
appealed Name (contacts) of the complainant Placed order (1!) Appealed actions Documents supporting the validity of the
arguments Signature of the complainant or its
representative (with evidence of the authority).
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Complaint content
1 •Preliminary review
2 •Substantive review
3• Decision issuing and
forwarding it to the parties12
Procedure
1. Within 2 business days of the receipt of the complaint by the
supervisory authority the information thereon is posted in the Register of Complaints at the official site
2. A written notification of the parties within 2 business days of the receipt of the complaint by the supervisory authority on:
a date, time and place of the hearing of the complaint; the suspension of the contract conclusion by the Customer
until the substantive review of the complaint; the need to provide documents for the review.
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Notification of the parties
1. Verification of the credentials of the parties’
representatives; 2. The opening of the commission’s session; 3. Statements by the parties and individuals whose
rights and interests are affected in connection with the complaint review, as well as statements by experts and representatives of public authorities;
4. The study by the Commission of the FAS of Russia of the circumstances of the case and the submissions;
5. Carrying out unscheduled inspections; 6. Meeting of the members of the commission and
decision making; 7. Announcement of the operative part of the decision; 8. In the case of the decision to issue an order, the
announcement of the operative provisions of the order; 9. Explanation of the procedure to appeal the decision
or order
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2. Substantive review of the complaint:
Review process
Control practices of the FAS of Russia in the area of law compliance
Open electronic auctions
FAS of Russia decisions• The complaint is justified / unjustified / partly justified• Commission's findings regarding the presence in the actions of the
Customer of violations of the legislation on placing orders with reference to the specific provisions of this legislation that were violated as established by the complaint review and inspection;
• conclusions of the Commission on the need to consider initiating proceeding on the violation of antitrust laws, administrative proceedings;
• information on the issuance of orders to eliminate detected violations of the legislation on placing orders;
• other remedial measures, including recourse to the court, submission of documents to law enforcement agencies, etc.
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The complaint has been reviewed
Posting information on the DECISION at the official site
Within 3 business days following the date of the FAS Commission review
2443
995514344
27464 28314
37770
750310669
19422 20822
26263
43595664
9257 9490 10969
0
5000
10000
15000
20000
25000
30000
35000
40000
2006 2007 2008 2009 2010 2011Поступило Рассмотрено Обосновано
Number of complaints received by FAS of Russia
18
9350
12476
6721
8841
2892 3432
02000400060008000
100001200014000
II кв 2011 II кв 2012
Поступило Рассмотрено Обосновано
Number of complaints received by FAS of Russia: 2nd
Quarter
19
1. In 2012, the number of complaints received
by the FAS of Russia increased by 29 % compared to 2011.
2. A total exceeding USD 500 000 in fines has been imposed in 2012.
3. Approximately 98.7% of the decisions (orders) of the FAS of Russia are recognized as legitimate and justified.
Results of administrative
procedure
20