Ensuring the protection of bidders’ rights
1
Legal base

• 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)
2
Legal status of the bidder

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.
3
Who can complain?

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.
4
The deadline for filing a complaint
RULE № 1

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.
5
The deadline for filing a complaint
RULE № 1

Date of publication
of the “final"
minutes on the
official site
Tender and Auction: 10 days
Request for quotations: 7 days
6
The deadline for filing a complaint
RULE № 2

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
The deadline for filing a complaint
RULE № 2

End date for
submission of
applications
The complaint on the
documentation
2
Date of
publication of
the final
minutes
10 (T,А) 7 (RQ) days
1
8
The deadline for filing a complaint
RULE № 3

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
The deadline for filing a complaint
RULE № 4

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
Complaint content

 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
1
Procedure

•Preliminary review
2
•Substantive review
3
• Decision issuing and forwarding it to the
parties
12
Notification of the parties

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
2. Substantive review of the complaint:
Review process

 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
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.
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
17
Number of complaints
received by FAS of Russia

40000
37770
35000
25000
19422
20000
26263
20822
14344
15000
9955
10000
5000
28314
27464
30000
2443
7503
4359
10669
9257
9490
10969
5664
0
2006
2007
Поступило
2008
2009
2010
Рассмотрено
Обосновано
2011
18
Number of complaints received
by FAS of Russia: 2nd Quarter

14000
12000
10000
8000
6000
4000
2000
0
12476
9350
8841
6721
3432
2892
II кв 2011
Поступило
II кв 2012
Рассмотрено
Обосновано
19
Results of administrative
procedure

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.
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