State customers can not conduct a joint purchase from a small business, if the NBMC exceeds 20 million rubles.

21 March 2018, Wednesday

For each of the participating in the joint purchase of customers, the NMC was within the limit, but the total amount was more than 20 million rubles.

The AС of the North-West district decided: once the winner concludes contracts with all customers for the total amount of the purchase, then in this case it can not be carried out at the NSR. In the case of a joint purchase, the NMCC is understood as the sum of the NMCs of all customers.

Previously, the Ministry of Economic Development also adhered to a similar position.

If it is not possible to comply with the requirement for a minimum volume of purchases from the NSR, in such a situation it will be necessary to conduct several joint purchases or to exclude one or several organizations from among the customers.

Document:

Decree of the AU of the North-Western District of 15.02.2018 on the case N A56-22062 / 2017

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