The state customer has the right to purchase auto parts with specific items
In the documentation for the purchase, the customer specified certain items to which the supplied spare parts should correspond. The antimonopoly authority considered this to be a restriction of competition and a violation of Law No. 44-FZ. In his opinion, these articles correspond to the product of only one manufacturer. However, for each position marked by the customer, an equivalent with suitable properties can be proposed, but other manufacturers and with other artikulnymi numbers.
The court did not agree with the OFAS and supported the customer. He noted: having established in the documentation specific articles on the manufacturer's spare parts catalog, the customer did not restrict competition, since he did not require the supply of parts of a certain manufacturer. Only the duty to supply spare parts corresponding to a particular article is fixed.
The court explained that under Law No. 44-FZ, when purchasing spare parts and consumables for used machinery and equipment in accordance with the documentation for these machines and equipment, the customer is not required to establish the possibility of supplying an equivalent.
Document:
Decree of the AC of the Volga region from 22.03.2018 on the case N A65-14098 / 201