FAS: PURCHASES FROM SINGLE SUPPLIERS ARE POSSIBLE IN EXTRAORDINARY CASES

Today, in the first reading, the State Duma adopted the draft law* prepared by FAS, which provides for the introduction of a moratorium on the application of antimonopoly prohibitions in specific cases of procurement of goods, works, services to meet state and municipal needs from a single supplier (contractor).

Such purchases are becoming more popular due to the adopted changes in legislation**. Now the regional authorities have the exclusive right to determine new cases and procurement procedures from a single counterparty, as well as the possibility of making changes to the essential terms of the contract.

The support measure will help to neutralize the risk of disruption of contract deadlines and price changes, as well as solve the problem of the impossibility of purchasing certain goods, works or services for the needs of the region. At the same time, the decision of the head of the subject of the Russian Federation should be justified by the urgency of the purchase, its subject and the impossibility of competitive procurement in each specific case.

FAS draws attention to the fact that the principle of ensuring competition is established by the Law on the Contract System***. Procurement by competitive means contributes to the development of the economy, efficient spending of budget funds, transparency of the procedure for determining the supplier (contractor). The exercise of the right of regional authorities to purchase from a single supplier should not pose a threat and lead to restriction or elimination of competition in the market.

* Draft Federal Law № 127020-8 "On Amendments to Article 15 of the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation”

** Part 2 of Article 15 of Federal Law of March 8, 2022 № 46-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”

*** Federal Law of 05.04.2013 № 44-FZ “On the contract system in the field of procurement of goods, works, services for state and municipal needs”