COURT SUPPORTED FAS ON THE ILLEGALITY OF COMBINING MAINTENANCE OF BUILDING ENGINEERING SYSTEMS AND COMPLEX CLEANING SERVICES INTO ONE LOT

It leads to an unjustified limitation of the number of participants of the procurement

FAS Russia received a complaint about the electronic auction. The customer carried out a purchase for the right to conclude a state contract for the provision of complex maintenance services for an administrative building and adjacent territory with an initial contract price of more than 23.5 million rubles.

FAS Russia reviewed the complaint, conducted an unscheduled inspection and revealed violations in the actions of the customer. Therefore, the maintenance of the building's engineering systems and services for complex cleaning of the building and the adjacent territory were illegally combined into one lot. The violation led to the unlawful establishment of additional requirements for the participants*.

FAS Russia recognized the complaint as justified and issued an order to cancel the purchase. The customer did not agree with the decision of the authority and appealed to the court.

However, the Moscow Arbitration Court supported the position of FAS Russia and refused to satisfy the customer's requirements in full. The court confirmed that the combination of these works and services into one lot leads to an unjustified restriction of the number of participants in the purchase. In addition, this inevitably leads to the refusal to participate in the procurement of persons who have only a part of the required experience, since these works and services form different commodity markets and do not have a functional and technological connection with each other.

* Paragraphs 14 and 36 of the Annex to the Decree of the Government of the Russian Federation of 29.12.2021 No. 2571