FAS told about the specifics of the procedure for appealing against the actions of customers under Law No. 44-FZ
Experts of the antimonopoly department in their letter, in particular, noted that the condition for filing a complaint under Law No. 44-FZ is that the participant in the procurement has rights and legitimate interests that are violated by the actions (inaction) of the subject of control during the procurement. Consequently, the rights and legitimate interests of a participant who does not have the special legal capacity required by the terms of the purchase cannot be violated by the actions (inaction) of the subject of control during the procurement. Therefore, if a complaint is received from a person who does not meet the requirements of paragraph 1, part 31 of Law No. 44-FZ and does not have the special legal capacity necessary to fulfill obligations under the concluded contract, the control body places information in the register of complaints about the refusal to accept the complaint for consideration on the merits.
It is also emphasized that if a complaint is filed against the provisions of the notification, which establishes an additional requirement in accordance with Part 2 of Article 31 of Law No. 44-FZ, then the applicant's experience provided for by Decree of the Government of the Russian Federation dated 12/29/2021 No. 2571 is a condition for filing a complaint. However, if the procurement complaint contains reasonable arguments regarding the unlawful establishment of these requirements by the customer, the complaint is subject to consideration in accordance with the procedure established by Chapter 6 of Law No. 44-FZ.
Document: Letter from the Federal Antimonopoly Service dated December 29, 2023 № MSH/112518/23
The photo is taken from https://ru .freepik.com/popular-photos