The customer under 223-FZ can be fined for the requirement of conformity of the goods TU
The customer has established in the documentation the requirement that a number of items of the delivered goods must comply with certain technical conditions. It was also possible to put equivalent products.
The Antimonopoly Authority considered that such a description of the procurement object was contrary to Law No. 223-FZ, and fined the customer. From the Law on Standardization it follows that the manufacturer develops specifications for specific products. On official information portals in the public domain there are no technical conditions. This prevents participants from obtaining a list of product characteristics in order to deliver equivalent products.
We believe, if the customer requires that the goods correspond to certain technical conditions, they should be included in the documentation.
Document:
Resolution of the FAS of Russia of 27.02.2018 in the case No. 223FZ-317/17 / AK028-18