Ministry of Finance: several public procurement of the same name from a single supplier does not harm competition
The Agency indicated: for small purchases from a supplier according to clauses 4 and 5 of Part 1 of Article 93 of Law No. 44-FZ, there are restrictions only on the annual volume and price of a separate contract. Taking them into account, for these reasons, the customer has the right to purchase, among other things, goods, works and services of the same name.
In order to violate the principle of ensuring competition, the customer must do something that contradicts Law No. 44-FZ. Since it does not prohibit making several transactions of the same name with a single supplier, these actions do not violate the principle.
Practice on this issue is ambiguous. A similar position is taken, in particular, by the AC of the Volga-Vyatka district. However, there is an opposite opinion. Thus, the Supreme Court of the Russian Federation supported the lower authorities, which recognized the customer as a violator. He artificially fragmented the deal so as not to conduct a competitive procedure.
Document: Letter of the Ministry of Finance of the Russian Federation dated 08.06.2022 N 24-01-07/54275