The state customer required the participants to be in two self—regulating organizations - the Federal Antimonopoly Service Administration saw the restriction of competition
The inspectors complained that the participants in the procurement of design works were required to be members of a Self-regulatory organization not only in the field of architectural and construction design, but also in the field of engineering surveys. This limited the competition.
The customer objected. Design work and engineering surveys are connected and have a common goal. The condition met the law and did not violate the rights of the participants.
The Department of the Federal Antimonopoly Service did not agree with the customer:
- the object of purchase is the development of project documentation. According to the Urban Planning Code of the Russian Federation, in order to perform such work, it is necessary to be a Self-regulatory organization in the field of architectural and construction design. For engineering surveys, you can attract a subcontractor with the necessary tolerances. The draft contract allowed this;
- the controversial condition limited the competition. Persons who were only members of a Self-regulatory organization in the field of architectural and construction design could not participate in the purchase.
It should be noted that in judicial practice there are examples with both similar and opposite positions.
Document: Decision of the Vladimir Department of the Federal Antimonopoly Service of Russia dated 07.02.2023 N 5/2023