The customer, a cultural institution, purchased services for the maintenance of air conditioning systems in the museum and established 2 positions of additional requirements:
for works related to the admission of contractors, including to the storages of museums;
for building maintenance services.
The controllers and the court of first instance considered it illegal. The appeal did not find any violations:
two additional requirements were established due to the specifics of the customer's activities - the museum institution and the object of purchase. Services should have been provided in the vaults of this museum. It is not enough for a participant to have only experience in the execution of a building maintenance contract;
controversial requirements for procurement participants in this case do not limit the rights of some subjects and do not give advantages to others.
Document: Resolution of the 9th Arbitration Court of Appeal of 14.09.2023 in case N A40-22121/2023