The arbitration tribunal supported the FAS in a dispute with a customer who entered into a contract for the construction of a fitness centre with a single supplier, citing the prevention of the spread of COVID-19.
Earlier, during an unscheduled inspection, the FAS Russia Commission established that the Directorate of the Ministry of Construction of the Magadan Region entered into a contract with a single supplier based on clause 9, part 1, article 93 of the Law on the Contract System (44-FL) without conducting a competitive procedure. The initial (maximum) contract price was 217.5 million rubles.
As Olga Gorbacheva, Deputy Head of the FAS Russia State Order Placement Control Department, clarified, customers have the right to make purchases on this basis if they are aimed solely at prevention, prevention or elimination of the consequences of the spread of coronavirus infection in the presence of a causal relationship between the procurement object and its use to prevent the spread coronavirus infection.
At the same time, the customer purchased services for the construction of a sports and recreation complex with a game room.
The company disagreed with the decision and order of the antimonopoly body; the management went to court.
The court upheld the conclusions of the FAS Russia that the customer violated clause 9 of part 1 of article 93 44-FL by concluding a contract with a single supplier on March 24, 2020, while the causal relationship between the procurement object and its use to prevent the spread of Covid-19, there was no connection found between the purchased object and Covid-19 spread.
The Moscow Arbitration Court denied the Directorate of the Ministry of Construction of the Magadan Region meeting the stated requirements.