The FAS named the main violations in procurement
Ekaterina Kuznetsova, Deputy Head of the State Order Placement Control Department of the Federal Antimonopoly Service of Russia, presented an overview of typical violations at the V Baltic Conference "An Expert View on 44-FZ".
1. "Paper" contests: how qualifications are reset
Customers formally apply qualification criteria, but actually reduce their value to zero. For example, they set experience limits that are not related to the purchase item. As a result, all participants receive the same points, and the competition loses its meaning.
2. Working before the contract is illegal
The FAS harshly criticizes the requirements to provide design solutions, graphics, and 3D visualization at the application stage. If such work is included in the subject of the contract, demanding it before concluding the contract means forcing the participant to work for free.
3. Experience and additional requirements: formalism does not work
When applying Resolution No. 2571, customers often make mistakes: they take into account contracts without confirming actual execution, ignore the status of execution at the time of application review, and accept false information about experience. The FAS emphasizes that compliance with additional requirements is assessed strictly on the date of the protocol, without "subsequent corrections."
4. False information is a separate risk.
Submitting false information about the experience entails not only rejection of the application, but also inclusion in the register of unscrupulous suppliers, as well as antitrust consequences.
5. Excessive hardware requirements
The FAS suppresses the practice when the customer actually dictates which equipment to use when providing services. If the characteristics are not related to the result, this is a violation of 44-FZ.
6. Managed purchases through technical specifications
Typical violations include the lack of a procedure for interaction between the parties (for example, "on request" services without regulations), the consolidation of lots without technological communication, and the inclusion of unrelated equipment in the subject of work. Such conditions make the contractor dependent on the customer and artificially narrow the circle of participants.