If in case of state procurement it is impossible to determine amount of works and services in advance, anti-dumping measures don't apply

The Ministry of Economic Development came to such conclusion. Earlier in other letters already it noted the ministry.
Explanations concern the purchases which are carried out in cases when in case of the conclusion of the contract it is impossible to determine amount of works or services. Among them - repair and servicing of the equipment, medical and legal services, services in transportation of goods and passengers.
Department "explained" that when carrying out such purchases the following anti-dumping measures aren't applied:
- provision of the increased ensuring performance of the contract;
- submission of information on conscientiousness of the procurement participant.
Let's remind, these measures are provided if the participant offers the price of the contract for 25 and more percent below the starting (maximum) price of the contract. Conditions of application of these measures are listed in p.1 and the p. 2 of Art. 37 of the Law N 44-FZ.
We believe if to ignore opinion of the Ministry of Economic Development and to refuse to sign in the described cases the contract because of non-compliance with anti-dumping measures by the participant, the official of the state customer is threatened by a penalty of 50 thousand rubles.
Document: Letter of the Ministry of Economic Development of the Russian Federation of 13.12.2016 N D28i-3262