The court recalled that the customer under Law No. 223-FZ is not required to place in the EIS a scan copy of the procurement notice
The customer placed information about the purchase in the EIS. The notice was formed only with the help of the EIS functional, it was accompanied by documentation in electronic form. OFAS considered this a violation and fined the customer. According to the antimonopoly authority, it is not enough to form a notice on the official website, it must be attached as a separate document.
The court did not agree with the OFAS. According to the Government Decision N 908, the representative of the customer forms with the help of the EIS functional. With notification in this system, you need to place the procurement documentation and the draft contract in electronic form.
Separately, it was noted that Law No. 223-FZ, as well as the provision on the procurement of the customer, did not establish the obligation to make a notice on paper and place in the EIS its scan copy.
Document:
The decision of the Seventh Arbitration Court of 05/04/2018 in the case N A45-30761 / 2017