FAS Russia and Rosgvardia explained the nuances of procurement of services for the protection of objects, which the private security company does not have the right to protect

12 July 2018, Thursday

Speech in the joint letter prepared by the agencies is about the purchase of security services for buildings included in the List of facilities for which private security activities do not apply (hereinafter - the List) (letter of the Federal Antimonopoly Service of Russia and Rosgvardia dated June 27, 2018 No. IA / 48336/18/1 / 5277).

In particular, it is noted that a participant in such a procurement can not be a person carrying out private security activities. Therefore, the contract can not be concluded with this participant. Thus, in this case, in the procurement documentation, customers must establish a requirement for participants, according to which the participant can not be a person carrying out private security activities. According to experts of departments, such a requirement is established in accordance with Cl. 1 Part 1 of Art. 31 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to ensure state and municipal needs."

It is also emphasized that customers should take into account the exclusion from the principle of departmental belonging of protected objects, provided for the militarized and sentry units of organizations subordinate to Rosgvardia, as well as the departmental protection of federal executive bodies, when purchasing the security services of buildings included in the List. Thus, the above-mentioned units have the right, for the period prior to the creation by their respective federal state agencies of their own departmental protection, of protecting the immovable property objects assigned to these state bodies (RF Government Decree No. 239-r of February 10, 2017).

Document: Letter of the Federal Antimonopoly Service of Russia and Rosgvardia dated June 27, 2018 No. IA / 48336/18/1/5277

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