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The prosecutor appealed to the court to invalidate two contracts with a single contractor for homogeneous work. The parties concluded them on the basis of clause 5, Part 1, Article 93 of Law No. 44-FZ with an interval of 1 month. The plaintiff believed that the purchase was artificially fragmented to circumvent competitive procedures.

They plan to supplement the list of goods, works and services that can be purchased from an enterprise or institution of the UIS as a single supplier. In particular, the following positions will appear:
08.12.12.160-sand-gravel mixtures;
41.20.10-residential buildings;
81.2-cleaning and cleaning services.
Some items will be excluded.

They propose to reduce the number of competitive procurement methods. The notification will become the main purchasing document. For open competitive e-procurement, documentation is not required. It will be needed only in closed competitive procedures.
Universal prequalification of participants will be introduced. In any competitive procurement with the NMCC from 20 million rubles, the customer will require impeccable experience in the execution of the contract under Law No. 44-FZ or the contract under Law No. 223-FZ for the last 3 years.

The Federal Treasury in accordance with sub-item " b "of item 22 of the Rules for Treasury Support of Funds approved by the Decree of the Government of the Russian Federation No. 2106 of December 15, 2020 and sub-item" b " of item 24 of the Rules for Treasury Support of Funds of the State Defense Order in the currency of the Russian Federation approved by the Decree of the Government of the Russian Federation of December 18, 2020.  No. 2153, approved the regulations for the inspection of actually delivered goods (works performed, services rendered), including with the use of photo and video equipment, for compliance with the information specified in the contract, the capital investment agreement, the contract for major repairs, documents confirming the occurrence of monetary obligations in the implementation of treasury support of funds (hereinafter – the Regulations). The recommended samples of documents drawn up during and based on the results of the relevant inspections using photo and video equipment (hereinafter also referred to as verification) were also approved (Order of the Federal Treasury No. 5n of January 11, 2021).

The procurement participant appealed to the court to invalidate the open tender and the state contract. The main argument is this: one of the criteria for evaluating applications was the experience of performing similar work only under state contracts.

Since October 22, the rules for considering customer requests to determine the sole supplier for purchases under clause 2, part 1, Article 93 of Law No. 44-FZ have been in effect. They provide for the content of such an appeal.

Added new items to the list

The winner didn't sign the contract on time. He explained that he did not want to evade, because:

there was no internet connection during the contract period. This was confirmed by a letter from the landlord of the premises in which the winner operated;
the security guarantee is received in advance;
after he was found to have evaded, he received verbal approval from the customer to conclude the contract and sent an appeal to the FAS to agree on this possibility;
the winner is a regular participant in the procurement. He has a high business reputation.

Since January 1, the list of products for the implementation of the minimum share of purchases of domestic goods is valid. Such goods are recognized as those that are included in:

The Antimonopoly authority drew attention to the fact that in recent years, customers have demanded extra things from participants when submitting applications and did not comply with the instructions of the control body. Read more in our review.
They demanded extra money when submitting applications