The court recognized the legal conclusion with the supplier of several state contracts with a homogeneous subject
The prosecutor appealed to the court to invalidate two contracts with a single contractor for homogeneous work. The parties concluded them on the basis of clause 5, Part 1, Article 93 of Law No. 44-FZ with an interval of 1 month. The plaintiff believed that the purchase was artificially fragmented to circumvent competitive procedures.
The courts rejected the claim, noting that Law No. 44-FZ does not limit the number of purchases from a single supplier in respect of similar goods, works or services. The limits are set only for the annual volume and price of an individual contract.
Recall that the FAS takes a similar position. However, in judicial practice, there is another approach: artificial fragmentation of the purchase is contrary to Law No. 44-FZ. This conclusion is contained in the Definition of the Supreme Court of the Russian Federation, the decisions of the Volga-Vyatka District, the Volga District, the North Caucasus District, the Ural District, the Central District, and the seventeenth AAS.
It should be noted that in each case, the courts investigated the circumstances and reasons for splitting the purchase, the relationship between the customer and the supplier, the availability of the opportunity to conduct the purchase in a competitive manner.
Document:
Resolution of the Second AAC of 26.02.2021 in case N A31-12102/2020