The Office of the Federal Antimonopoly Service found no violations of Law N 223 in the requirements for the content of the agreement on collective participation
Under the terms of the procurement, the collective participants attached to the application an agreement or other document that regulates their interaction. It was supposed to contain the procedure for submitting an application, executing a transaction with a customer and distributing work between persons for each lot as a percentage of the initial maximum price of the contract.
The collective participant considered such a requirement as interference in economic activity - it does not affect proper execution.
The customer explained: the controversial condition was established in order to avoid unfair competition and obtain a quality result. Collective participants abuse their rights. They include a person with extensive work experience, but in fact they are performed by a participant without the necessary qualifications.
Controllers supported the customer:
- according to the law, the customer himself determines the requirements for participants, the composition of applications and the list of documents that are attached to them. The participant did not prove that they prevented him from applying;
- the condition on the content of the contract between the members of the collective participant corresponded to the procurement regulations of the customer. The fact that it is redundant or restricts competition has not been confirmed. It was applied equally to all participants;
- the customer can make demands that will identify the best offer. In this case, they were established in order to eliminate the risks of non-performance of the contract.
Note that in practice there is an example when a similar requirement for an agreement on collective participation and the composition of the application was declared illegal.
Document: Decision of the Moscow Department of the Federal Antimonopoly Service of Russia dated November 21, 2022 in case N 077/07/00-17040/2022