The courts have enumerated the signs by which the formation of lots may be considered illegal

4 February 2019, Monday

The applicant complained of illegal Association in one lot of works on the maintenance of objects of the street and road network located in different districts of the city. The object of purchase included the maintenance of roads, bridge structures, lawns, barrier fences, Parking spaces, public transport stops, sidewalks.

FAS recognized the complaint justified, as the customer has not proved that all objects have common boundaries and are inextricably linked. It was not confirmed that the work can be done only within a single process. The Supervisory authority demanded to cancel the purchase.

However, the courts did not support this position. In their opinion, the customer should not so much provide the widest possible range of participants as to conclude a contract so that budget funds are used most effectively.

Document: Supreme Court Ruling of 29.01.2019 in case no. A40-215975/2017.

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