The Supreme Court of the Russian Federation reminded when it is possible to conduct a purchase under the Law N 223-FZ from a single supplier
The customer indicated in the procurement regulations that catering services can be purchased from the food supplier, and concluded contracts on this basis without conducting competitive procedures.
One of the participants in the market of such services challenged the specified paragraph of the procurement regulations, considering it discriminatory.
The Armed Forces of the Russian Federation supported the requirements. According to the Law No. 223-FZ, customers must comply with the principles of equality and the absence of unjustified restrictions on competition. Therefore, to purchase from a single supplier, we need objective reasons for the inefficiency of competitive procedures, for example: a
limited commodity market;
price fluctuations in a narrow range;
urgent order placement;
purchase on the commodity market, where unfair competition prevails.
A similar approach was formulated in the Review of Judicial Practice under Law No. 223-FZ.
Document:
Definition of the Supreme Court of the Russian Federation of 16.09.2021 N 306-ES21-13429