Cassation: unlimited purchases from a supplier in a competitive market violate Law No. 223-FZ
The procurement regulations have fixed 24 grounds for purchasing from a supplier, including in competitive markets. The inspectors found a violation in this and ordered it to be eliminated.
Three instances supported the supervisors:
most of the grounds for non-competitive procurement are unfounded. They cover almost any needs of the customer, which violates the principles of Law No. 223-FZ;
objective reasons are needed for purchasing from a single supplier, for example urgency or a low-competitive market. The customer must justify that only a specific supplier can fulfill the contract. Otherwise it is an abuse of the right;
it is illegal to allow purchases from a supplier in a competitive market without restrictions.
It should be noted that the similar position of the AU of the West Siberian District was supported earlier.
Document: Resolution of the AS of the West Siberian District of 09.09.2022 in case N A75-17352/2021