Contracts with a single supplier without proper experience are considered invalid.
The Supreme Court of Russia upheld the decisions of lower courts that the conclusion of a number of government contracts with a single supplier in a two-month period with one organization (in the amount of 500-600 thousand rubles) under clause 5, part 1, Article 93 of Law No. 44-FZ for the provision of catering services is a violation if the supplier does not have the necessary experience.
According to paragraph 33 of the Annex to Government Decree No. 2571, the supplier must comply with the uniform requirements set out in Part 1, Part 2, Article 31 of Law No. 44-FZ. Violation of this requirement indicates the dishonesty of both parties to the contract, which deprives the contractor of the right to pay, since obtaining benefits from illegal behavior contradicts art. 1 of the Civil Code of the Russian Federation.
Such agreements are considered an attempt to circumvent a direct legislative ban and are considered legally invalid. Despite the fact that such transactions retain a compensatory character, the contractor cannot claim remuneration for the above reasons.