The Federal Antimonopoly service has declared illegal contracts for construction and installation work with a single supplier
The customer signed 3 contracts with the sole supplier under clause 5 of part 1 of article 93 of Law N 44-FZ:
for 598,641,84 rubles, a contract was signed for dismantling door frames, canvases, platbands, dismantling and installing floors, cleaning and painting ceilings;
213,742. 80 rubles — for painting ceilings, varnishing floors, skirting boards and doorways;
43,266. 96 rubles — for dismantling luminaires for fluorescent lamps and installation of lamps with led grating.
The Prosecutor's office suspected violations and appealed to the control body.
The customer explained that the procurement financing was received late, so he decided to conclude contracts without conducting competitive procedures. This did not convince the inspectors.
The FAS decided that the works are United by an economic goal and they are homogeneous. In addition, the contracts specify the same place and time of work.
The monitoring body noted the following. Although clause 5 of part 1 of article 93 of the Law N 44-FZ does not provide for restrictions on the number of works with a single contractor, types of work and terms of their execution, the customer can conclude a contract with a single supplier if competitive procedures are impractical due to the fact that the organizational costs of conducting the purchase do not correspond to its cost.
The purchase was recognized as artificially fragmented, and the customer — violated the law on protection of competition.
Document: decision of the Penza Federal Antimonopoly service of Russia of 21.07.2020 in the case N 058/01/16-191/2020