In which case is the purchase under Federal Law No. 223 from a single counterparty considered justified?
As representatives of the Federal Antimonopoly Service of Russia note in their letter, the customer independently determines in the procurement regulations the methods of procurement, the conditions and procedure for their application, as well as the conditions for concluding and executing the contract, taking into account the specifics of the economic activity carried out by the customer. At the same time, Federal Law No. 223 establishes rules for describing the subject of procurement exclusively in relation to competitive procurement procedures.
At the same time, for the purposes of economic efficiency, purchasing from a single counterparty is advisable if the purchased goods, works, services are traded in low-competitive markets, or conducting competitive procedures is impractical for objective reasons, for example, if the purchase is carried out in connection with the elimination of the consequences of emergency situations, the consequences of force majeure. At the same time, it is emphasized that the presence or absence of signs of violation of Federal Law No. 223 can be established based on the provisions of the procurement documentation and all the circumstances of the case.
Document: Letter of the Federal Antimonopoly Service of Russia dated November 27, 2023 N ПИ/99723/23
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