1 Ensuring the protection of bidders’ rights

 The Federal Law of № 94-FZ "On placing orders for goods, works and services for state and municipal needs" - (Chapter 8) Russia’s FAS Administrative regulations for the implementation of complaint review functions (Order of the FAS of Russia dated № 498) Order establishing the FAS Commission (UFAS) Legal base 2

 Paragraph 1 of Article 8 of the Law 94-FZ: The bidder may be:  any legal person regardless of its legal form, ownership, location and origin of capital or  any individual including an individual entrepreneur. Legal status of the bidder 3

 Paragraph 1 of Article 57 of the Law 94-FZ:  Any bidder shall have the right to appeal in court, and in the manner provided for in Chapter 8 of 94-FZ to the FAS of Russia, the actions of the customer, authorized body, specialized organization, operator of an electronic platform, Tender Commission, if such actions violate the rights and legal interests of the bidder. Who can complain? 4

 Paragraph 2 of Article 57 of the Law 94-FZ:  Appeal against actions (inaction) of the customer, authorized body, specialized organization, tender, auction or quotation commission in the manner prescribed by this chapter shall be allowed at any time of the placing of the order, but not later than 10 days from the date of posting on the official website of the minutes of evaluation and comparison of applications for participation in the tender, auction minutes, and minutes of the review of applications for participation in the tender or minutes of the review of applications for participation in the auction in the event that a tender or auction failed, for a closed tender or closed auction - since the signing of the respective minutes and not later than 7 days from the date of posting on the official website of the minutes of the auction, conducted in accordance with paragraph 3 of article 40 of this Federal Law, minutes of the review and evaluation of quotations, except as provided in paragraphs of this article. The deadline for filing a complaint RULE № 1 5

 Tender and Auction: 10 days Request for quotations: 7 days Tender and Auction: 10 days Request for quotations: 7 days Date of publication of the “final" minutes on the official site 6

 Paragraphs 2 and 2.1 of Article 57 of the Law 94-FZ:  The complaint regarding the documentation can be submitted by the bidder prior to the deadline for the submission of applications for participation in the tender, applications for participation in the auction, open auction in the electronic format, applications with quotations. The deadline for filing a complaint RULE № 2 7

 8 Date of publication of the final minutes The complaint on the documentation End date for submission of applications 10 (T,А) 7 (RQ) days 1 2

 Paragraph 2, 2.1 of Article 57 of the Law 94-FZ:  If the appealed action (inaction) was committed after the start, respectively, of the opening of envelopes with applications for participation in the tender, review of applications for participation in the auction, review and evaluation of quotations, the appeal of such action (or inaction) can be exercised only by the bidder who has submitted, respectively, the application to participate in the tender, application to participate in the auction, application with quotation.  If the appealed action (inaction) was committed during the review of the second part of applications for participation in the open auction or at the conclusion of the contract stage, such action (or inaction) can be appealed prior to the conclusion of the contract. The deadline for filing a complaint RULE № 3 9

 Paragraph 3.1 of Article 60 of the Law 94-FZ:  Complaints regarding the results of evaluation of applications for participation in the tender conducted in accordance with the criteria for evaluation of applications for participation in the tender, Quality of works services and the bidder Qualification shall not be reviewed. The deadline for filing a complaint RULE № 4 10

  Name (contacts) of a party whose actions are appealed  Name (contacts) of the complainant  Placed order (1!)  Appealed actions  Documents supporting the validity of the arguments  Signature of the complainant or its representative (with evidence of the authority). 11 Complaint content

 1 Preliminary review 2 Substantive review 3 Decision issuing and forwarding it to the parties 12 Procedure

 1.Within 2 business days of the receipt of the complaint by the supervisory authority the information thereon is posted in the Register of Complaints at the official site 2.A written notification of the parties within 2 business days of the receipt of the complaint by the supervisory authority on:  a date, time and place of the hearing of the complaint;  the suspension of the contract conclusion by the Customer until the substantive review of the complaint;  the need to provide documents for the review. 13 Notification of the parties

  1. Verification of the credentials of the parties’ representatives;  2. The opening of the commission’s session;  3. Statements by the parties and individuals whose rights and interests are affected in connection with the complaint review, as well as statements by experts and representatives of public authorities;  4. The study by the Commission of the FAS of Russia of the circumstances of the case and the submissions;  5. Carrying out unscheduled inspections;  6. Meeting of the members of the commission and decision making;  7. Announcement of the operative part of the decision;  8. In the case of the decision to issue an order, the announcement of the operative provisions of the order;  9. Explanation of the procedure to appeal the decision or order Substantive review of the complaint: Review process

 Substantive review of the complaint: Review process ATTENTION! THE REVIEW OF THE COMPLAINT SHALL NOT EXCEED 5 BUSINESS DAYS FOLLOWING THE RECEIPT OF THE COMPLAINT ATTENTION! THE REVIEW OF THE COMPLAINT SHALL NOT EXCEED 5 BUSINESS DAYS FOLLOWING THE RECEIPT OF THE COMPLAINT ATTENTION! DECISION ISSUED WITHIN 3 BUSINESS DAYS FOLLOWING TAKING A DECISION ON THE COMPLAINT ATTENTION! DECISION ISSUED WITHIN 3 BUSINESS DAYS FOLLOWING TAKING A DECISION ON THE COMPLAINT

Control practices of the FAS of Russia in the area of law compliance Open electronic auctions FAS of Russia decisions The complaint is justified / unjustified / partly justified Commission's findings regarding the presence in the actions of the Customer of violations of the legislation on placing orders with reference to the specific provisions of this legislation that were violated as established by the complaint review and inspection; conclusions of the Commission on the need to consider initiating proceeding on the violation of antitrust laws, administrative proceedings; information on the issuance of orders to eliminate detected violations of the legislation on placing orders; other remedial measures, including recourse to the court, submission of documents to law enforcement agencies, etc.

 17 The complaint has been reviewed Posting information on the DECISION at the official site Within 3 business days following the date of the FAS Commission review

 Number of complaints received by FAS of Russia 18

 Number of complaints received by FAS of Russia: 2 nd Quarter 19

 1.In 2012, the number of complaints received by the FAS of Russia increased by 29 % compared to A total exceeding USD in fines has been imposed in Approximately 98.7% of the decisions (orders) of the FAS of Russia are recognized as legitimate and justified. Results of administrative procedure 20

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