Cassation: the state customer has the right to demand membership in two SROs if he purchases certain types of work
Cassation: the state customer has the right to demand membership in two SROs if he purchases certain types of work
The customer purchased design and survey work. According to the terms of the purchase, the participant must be in two SRO: in the field of engineering surveys and architectural and construction design.
The supervisors saw a violation in the fact that the requirement for membership in the SRO in the field of engineering research restricts competition. Survey work is not an independent object of purchase, they can be performed with the help of subcontractors participating in the necessary SRO.
The courts did not agree with them, because:
the object of purchase is 2 independent types of work with different OKPD 2 codes. Each of them requires membership in a certain SRO;
according to the GRK of the Russian Federation, in order to carry out design and survey work, it is necessary to be in different SRO. The customer correctly included this requirement in the terms of public procurement;
the draft contract does not oblige to involve subcontractors for survey work. If the contractor performs them himself without membership in the necessary SRO, the customer will not be able to accept them. However, there is no such reason to refuse acceptance or terminate the contract in the project.
It should be noted that there is another opinion in judicial practice.
Document: Resolution of the AS of the West Siberian District of 21.04.2022 in case N A45-15952/2021