Courts: requirements for participants should be set based on the actual content of the object of purchase
The customer announced a competition for the provision of services for the organization of internships of students. A procurement participant felt that the employer was required to request a license for educational activity, and complained to regulatory authority.
FAS management punished the customer, but the courts overturned this decision. Although the customer chose code ОКПД2 "85.23.11.000. Services for training of highly qualified personnel", it is impossible to attribute the object of purchase to educational services only on this basis, without taking into account the content of the object of purchase.
According to the documentation, the object of purchase included the development of the program of stay, professional translation into Russian, providing students with handouts and educational literature, organization of transport services, catering and other services. Such activities are not considered by the courts to be educational services.
The court also noted that the practical training programs listed in the documentation and the topics studied during the internship are not included in the object of purchase.
Document: Ruling of the 9th Arbitration appeal court from 14.08.2019 in the case N A40-16767/2019