Journal on Policy & Complex Systems Volume 5, Number 2, Fall 2019 | Page 161

Journal on Policy and Complex Systems
supply of goods that are quickly consumed , but not normalized : paper or printer cartridges , food , building materials , and so on .
Another way to illegally restrict competition at the pre-contract stage is to impose unnecessary requirements on procurement participants not provided by the law . Given the fact that Art . 31 quite clearly regulates the list of permissible requirements for procurement participants , this kind of violations is getting smaller , but there are still examples . Most often this is the requirement for license to work that is not actually provided by the contract . Such requirements are sometimes made by customers by mistake , but sometimes deliberately .
There are also other cases when customers mix in one purchase work that requires and does not require a license . In the autumn of 2016 , an electronic auction was held in the city of Saratov for the amount of about three million rubles for the repair work of a cultural heritage object , which requires a license . The customer did not consider that part of the work must be carried out in a hospital , the building of which is an object of cultural heritage , and part of it in a building which is not an object of cultural heritage , therefore , in fact , the repair of its facade should be allocated to a separate purchase with no license requirements . The contract was concluded at almost the initial maximum contract price .
Often , customers try to limit the deadline for submission of applications for participation in procurement .
The law establishes a minimum period during which the notice of the procurement should be posted in a single information system . However , most often , customers try to minimize this period by setting the deadline for filing applications on a non-working day , or the deadline for submitting applications to early morning or night . This approach is contrary to the meaning of the provisions of the Civil Code of the Russian Federation on the terms defined in Art . 193 and Part 2 of Art . 194 of the Civil Code .
A very common method of limiting the number of participants is to set unrealistic terms of contract execution . For example , carrying out repair work within two days after the conclusion of the contract . In this situation , it is necessary to understand each case : if it is possible to perform work for such a period , if it is really possible that such tight deadlines are justified by the needs of the customer , and why the customer did not place such a purchase in a single information system earlier , if he knew that it is necessary to complete the work by a certain date . Such tricks of customers can often be easily recognized , for example , when the deadlines for the performance of work or the delivery of goods that are not common on the market and are purchased only by an order . However , it is often difficult to prove the unreality of such terms .
The position of the regulatory authorities in this matter is not unified . Sometimes such requirements are recognized as restriction of competition , and sometimes Federal Antimonopoly
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