The FAS of Russia spoke about its powers to consider complaints about small-volume purchases within the framework of Law No. 44-FZ
As experts of the antimonopoly department note in their letter, in accordance with Part 12 of Article 93 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs" in cases provided for in paragraphs 4 and 5 of Part 1 of Article 93 of the Law No. 44-FZ, the purchase from a single counterparty can be carried out in electronic form using an electronic platform for an amount not exceeding 3 million rubles. Such purchases relate to electronic procedures by virtue of Part 3 of Article 24 of Law No. 44-FZ. At the same time, the submission and consideration of complaints of participants on these purchases is carried out in accordance with Chapter 6 of Law No. 44-FZ. At the same time, filing a complaint with the antimonopoly authority is not an obstacle to appealing the actions (inaction) of the subjects of control in court (Letter of the FAS of Russia dated September 6, 2022 No. MS/83177/22).
At the same time, with respect to "ordinary" purchases carried out in accordance with paragraphs 4 and 5 of Part 1 of Article 93 of Law No. 44-FZ, including with the use of information systems (electronic stores), special provisions on their appeal in accordance with Chapter 6 of Law No. 44-FZ are not provided. Complaints filed in relation to such purchases are subject to refund. At the same time, the FAS of Russia is authorized to conduct unscheduled inspections of these purchases on the basis of paragraph 2 of Part 15 of Article 99 of Law No. 44-FZ upon receipt of an application, notification of signs of violation of the law.