OFAS considered legal the requirement of the state customer to perform work within the established boundaries
The customer held an auction for the repair of vehicles and, among other things, set the boundaries of the work performed - within 2 km from its garage boxes. He determined the winner, but then it turned out that the information about the place of work does not match the documentation. The customer refused to enter into a contract. The winner did not agree with this:
the application was initially recognized as relevant documentation;
the requirement on the boundaries of the work performed is not justified, since it limits competition.
The customer gave his reasons:
All applications were deemed appropriate, since only the consent of the participants was required to complete the work;
along with the contract, a notification was sent to the winner that he needed to provide information about the place of work. This requirement was in the documentation. Information from the winner came, but did not meet the conditions of the purchase (distance exceeded 2 km);
the requirement for the boundaries of the work performed was also established in the documentation. By his application, the winner agreed to fulfill the contract on these conditions;
the controversial condition does not limit competition, since more than 10 service stations are located within a radius of 2 km. In addition, the minimum distance is cost-effective for the customer;
after refusing to conclude a contract, a re-purchase was announced on the same conditions.
The supervisory authority considered that the claim was lawful:
4 applications were submitted for participation in the procurement, competition is unlimited;
The information provided by the winner does not correspond to the documentation: the distance is more than 2 km. The consent to execute the contract on the established terms means that the information in the application was false.
Document: Decision of the Novosibirsk OFAS Russia of 04.30.2020 N 054/06 / 66-769 / 2020