SUPREME COURT UPHELD FAS IN THE CASE OF UNJUSTIFIED PROCUREMENT FROM A SINGLE SUPPLIER

The contractor did not have exclusive power to provide services in the relevant field of conclusion the contract

Earlier, the medical research center conducted a purchase for the provision of medical services from a single supplier*. The institution notified Moscow Regional Office of FAS Russia about conclusion of such an agreement in the amount of 269,827 rubles**.

FAS Russia conducted an unscheduled inspection, according to the results of which it recognized the customer as violating legislation on the contract system***. Moscow Regional Office of FAS Russia has established that the purchase from a single supplier on the basis specified by the customer in this case is illegal.

Thus, the supplier is not the only healthcare institution located in the city of Moscow and providing the required medical services. In addition, the customer has not submitted documents confirming the exclusive powers of the contractor to provide such services.

The medical center did not agree with the decision of the antimonopoly authority and appealed it in court. However, the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation supported the position of the Moscow Regional Office of FAS Russia.

According to the authority, for purchase from a single supplier on the specified basis, the contractor must have the exclusive powers of an executive authority or organization in the field of relevant works and services. In addition to the specified single supplier, the List of healthcare institutions providing relevant medical services also includes 28 organizations of the city of Moscow and 29 organizations of the Moscow region. At the same time, the presence of a single supplier in the relevant list does not confirm its sole exclusive powers to provide such services.

In this case, it is not possible to purchase from a single supplier on the specified basis. However, the customer could use other legal grounds for such purchase if he considered the use of competitive methods inappropriate. For example, the purchase of small volume or the purchase, if necessary, of medical care in an urgent or emergency form.

For reference:

* Paragraph 6 of the Part 1 of the Article 93 of the Federal Law No. 44-FZ

** Part 2 of the Article 93 of the Federal Law No. 44-FZ

***Paragraph 6 of the Part 1 of the Article 93 of the Federal Law No. 44-FZ