UFAS: when public procurement for the overhaul of the bridge, additional requirements in the field of road activity cannot be applied
UFAS: when public procurement for the overhaul of the bridge, additional requirements in the field of road activity cannot be applied
The antimonopoly authority received a complaint: the customer incorrectly set additional requirements to the procurement participants for the overhaul of the bridge.
The customer decided that the work was related to road activities, and established additional requirements in this area.
The controllers did not agree with him:
the bridge is an independent object of capital construction. When purchasing work on its repair, additional requirements are established in the field of urban planning (work on the overhaul of the capital construction facility, except for linear);
additional requirements in the field of road activity are not applied, since there are no bridge structures in it.
A similar position is taken, in particular, by the Belgorod UFAS. It should be noted that in practice there is an example when the inspectors considered that the bridge repair work is attributed to road activity, since the bridge is part of the highway.
Document:Decision of the Novgorod Federal Antimonopoly Service of Russia dated 20.04.2022 N 36