The Supreme Court published a review of the jurisprudence under Law N 223-FZ

29 May 2018, Tuesday

The RF Supreme Court considered issues related to information support for procurement, requirements for participants, restriction of competition, conclusion and amendment of the contract, control over procurement, and a number of other issues.

We denote the most important conclusions:

when describing the subject of procurement, the customer may not duplicate the requirements of GOSTs, specifications, sanitary norms and rules, simply refer to them. It is important that these documents are in general access and contain specific parameters of the subject of procurement (paragraph 3 of the Survey);

You can set a ban on attracting subcontractors and co-executors. This condition does not limit the range of participants in the procurement, as it relates to the order of performance of the contract (paragraph 7 of the Review);

the customer does not have the right to impose unreasonable demands on the participants, for example on presenting an extract from the Unified State Register of Legal Entities within one working day after the publication of the notice (paragraph 8 of the Review);

You can not purchase from a single supplier at your discretion. The procurement clause should contain restrictions for the application of this method (paragraph 9 of the Survey);

if there is a conflict between the procurement documentation and the procurement clause, the provision is applied (paragraph 21 of the Survey).

Document:

Review of judicial practice on issues related to the application of Law No. 223-FZ (approved by the Presidium of the RF Supreme Council on May 16, 2018)

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