FAS clarified whether the requirement of the customer for the 223-FL to legally agree with him the involvement of subcontractors
According to the antimonopoly service, the condition under which the counterparty can not attract third parties to execute the contract without a written agreement with the customer, contradicts the Law N 223-FZ and the procurement regulations.
The customer has the right to provide requirements exclusively to the participants of the purchase, and the terms and procedure for attracting subcontractors may be determined by the contractor independently. Pushes this condition, the customer interferes with the activities of the counterparty and puts him in a dependent position.
FAS previously adhered to this position. In judicial practice, this opinion is encountered.
Document:
Decision of the Federal Antimonopoly Service of Russia of 13.02.2018 N 223FZ-92/18