Armed Forces of the Russian Federation: coronavirus itself is not a reason to conduct public procurement from a single supplier
The customer, on the basis of clause 9, Part 1, Article 93 of Law No. 44-FZ, concluded a contract with the supplier for the construction of a sports and recreation complex. He justified this decision by the presence of a force majeure circumstance — the spread of the coronavirus. The FAS decided that the customer violated the law.
The courts supported the decision of the controllers. The purchase on this basis should be in a causal relationship with measures to prevent and eliminate an emergency situation, minimize its consequences. Such measures should be quick and effective, and the purchase, the results of which will be received after a long time, does not meet these criteria.
The Supreme Court of the Russian Federation did not review the case.
Document:
Definition of the Armed Forces of the Russian Federation from 12.08.2021 N 305-ES21-14586