FAS clarified some issues on public procurement
The Agency explained: when negotiations with procurement participants are possible, at what point you can appeal the decision of the control body, what to consider when purchasing medical equipment and related works (services).
When can I negotiate with purchasing participants
The Law N 44-FZ prohibits negotiations with the bidder before the winner is announced. This may lead to limiting competition, creating more favorable conditions for them, and disclosing confidential information.
Consultations of the contract service (contract Manager) with suppliers (contractors, performers) are possible when planning a purchase, for example, to determine the state of the competitive environment.
The FAS clarified that discussions at this stage should not concern:
- approval of the development and introduction of technical documentation with a predetermined focus;
- organizing a purchase with the involvement of certain participants to win it in advance of a known person.
The interaction of the customer with the supplier (contractor, performer) in the performance of the contract must occur only within its terms.
When can I appeal the decision of the control body
The customer has the right to appeal the decision of the control body within three months from the date of its adoption.
The Agency explained that the term is calculated from the date of announcement of the operative part of the decision.
What to consider when purchasing medical equipment and related works (services)
The customer determines the requirements for the purchase item itself. The Agency indicated that the customer can combine the supply of equipment and the performance of related works (services) in one lot. So, if the competition is not limited, then the supply can be combined, for example:
- with training of specialists;
- maintenance of medical equipment;
- transportation;
- loading and unloading operations.
The control body also reminded that if the accompanying works (services) are licensed, the customer may require a license. But to ask for it in the application-no. The supplier has the right to engage subcontractors who have licenses for these types of activities.
Document: Review of explanations of legislation on placing orders for state and municipal needs (April 2020)