Order of the FAS of Russia dated 24 July 2012 No. 498 approves a new administrative regulation

15.10.2012

Order of the FAS of Russia dated 24 July 2012 No. 498 approves a new administrative regulation on fulfilment of the state function of considering appeals against actions (omissions) on the part of  a customer, authorised body,  specialised organisation, tender, auction or quotation commission, operator of an electronic platform for placing an order for provision of goods and services, including in the event of placement of orders for energy services, for state, municipal and other budget institution needs.

The new version of the administrative regulation specifies the procedure and timeframe for fulfilment of the state function of appealing against actions and/or omissions on the part of state and municipal customers. In particular, it establishes which cases fall within the jurisdiction of the FAS of Russia and its territorial administrations:

The FAS of Russia considers appeals against actions (omissions) on the part of:

  • customers during placement of an order for federal needs by state authorities and management bodies of state extra-budgetary funds;
  • customers during placement of an order by means of a closed tender or closed auction for the purposes of a constituent entity of the Russian Federation or for municipal needs;
  • an electronic platform operator, including connected with accreditation of a participant in placement of an order on the electronic platform;
  • customers during placement of an order for federal needs by other recipients of budgetary funds, in accordance with part 1, article 4 of the Law on placement of orders;
  • customers during placement of an order by means of a request for quotation prices for goods, work or services on the territory of a foreign state in accordance with part 5, article 42 of the Law on placement of orders, unless another decision is taken in accordance with clause 3.11 hereof.

In turn, territorial administrations of the FAS of Russia handle appeals against actions (omissions) on the part of a customer located on the territory where the relevant territorial administration operates and where the order is placed:

  • for federal needs - by the territorial administration of a state body of the Russian Federation, management bodies of state extra-budgetary funds, and  public institutions;
  • for the needs of a constituent entity of the Russian Federation and those of budget institutions of a constituent entity of the Russian Federation;
  • for municipal needs and the needs of municipal budget institutions;
  • for the needs of a constituent entity of the Russian Federation or municipal needs by other recipients of budget bunds and acting as Customer in accordance with part 1, article 4 of the Law on placement of orders.

It should be noted that orders of the FAS of Russia may determine additionally who has jurisdiction over consideration of appeals. In particular, Order No. 572 “On co-ordination of the activities of the central administration of the FAS of Russia and territorial administrations of the FAS of Russia in exercising control in the sphere of placement of orders for provision of goods, work and services in accordance with Federal Law dated 21 July 2005 No. 94-FZ ‘On placement of orders…’” charges the central administration of the FAS of Russia with exercising control over orders worth more than RUB 1 bn, orders relating to a project for modernising regional general education systems with a contract price of over RUB 100 m and appeals against federal state budget institutions.

The FAS of Russia is still required to consider an appeal against the actions of a customer on placement of an order for goods for state needs within five working days of receiving it.

The administrative regulation came into effect on 09 September 2012.

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