FAS clarified the rules for combining goods into one purchase under 44-FZ
The Agency reviewed the appeal on the procedure for forming the object of purchase and recalled that Law No. 44-FZ does not prohibit combining several goods (works, services) in one purchase, if this does not restrict competition.
According to the explanation:
– the customer forms the description of the object of purchase independently (Article 33 of Law No. 44-FZ)
– part 3 of Article 17 of Law No. 135-FZ prohibits the inclusion of technologically and functionally unrelated goods, works, and services in one object of purchase
– the presence or absence of such a connection is determined individually, taking into account the circumstances of the purchase, public interests and the specifics of the goods
The FAS also noted that violations are assessed by the control body during inspections based on the contents of the notification, documentation and applications from participants.
Thus, the customer has the right to independently determine the composition of the purchase, but is obliged to take into account the functional and technological relationship of the positions in order not to limit competition.