For contracts with organizations of the correctional system without a bidding, it is important to personal performance
FAS explained: the execution of a state contract concluded with an institution or enterprise of the criminal Executive system as the only supplier under paragraph 11 part 1 of article 93 of the Law N 44-FZ, it is impossible to involve third parties. the counterparty is obliged to produce goods, perform works or provide services directly. This should be reflected in all documents: certificates of conformity, declarations of conformity, documents issued according to sanitary norms and rules, etc. Violation of this condition may be regarded as a restriction of competition.
For example, The Bashkortostan FAS considered it illegal to engage a subcontractor to perform major repairs. In another situation, the courts invalidated a contract under which an institution of the penal correction system supplied goods that it did not produce.
Document: Letter of the FAS of Russia from 14.11.2019 N IA/100040/19