1 ensuring the protection of bidders’ rights. the federal law of 21.07.2005 № 94-fz "on...

1

Ensuring the protection of bidders’ rights

• 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


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


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


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.


7


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.


9

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.


10

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).

11

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.

13

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

14

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.

http://thestockmarket.ru/images/procedura-zaklucheniya-sdelok-vidy-prikazov-i-ih-ispolzovanie-4.jpg

http://thestockmarket.ru/images/procedura-zaklucheniya-sdelok-vidy-prikazov-i-ih-ispolzovanie-4.jpg

17

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

Thank you for your attention!

21