The customer included in the auction documentation an estimate for the overhaul of the building, demanded that the participants indicate in the applications consent to the execution of works and specific indicators of the goods used in the course of work. The participant complained to the FAS Management about the lack of project documentation and illegal requirements for goods.
The Supervisory authority noted: according to the RF civil Code when purchasing overhaul, the customer is not obliged to develop the project documentation in full. It is sufficient to prepare part of the estimate for the repair.
Since the estimate is part of the project documentation, participants should only give their consent to the work. The requirement to provide specific indicators of goods recognized as a violation.
Document: Decision of the St. Petersburg UFAS of Russia of 18.07.2009 in the case N 44-3758/19