The FAS told about the common irregularities in public procurement
The Supervisory authority picked up a practice where the court upheld his position. We list the main conclusions that should be followed in the preparation of documentation, consideration of applications of participants and the conclusion of the contract.
The winner, who presented an unsuitable Bank guarantee, should be recognized evaded from the conclusion of the contract
The winner presented a Bank guarantee containing an open list of conditions under which the obligation will not be secured. The customer acknowledged his evasion. The Federal Antimonopoly service and the court upheld this decision, as the Law N 44-FZ and documentation of such restrictions is not provided.
Earlier the Ministry of Finance specified: if the supplier didn't fulfill obligations, the customer undoubtedly receives from Bank money as the Law n 44-FZ doesn't provide possibility of refusal in payment under the Bank guarantee.
Do not reject an entry that does not include a trademark
The customer rejected such an application, explaining that it contains references to GOST, which provide for the presence of a trademark. FAS and the court found this a violation of: GOST should not be used in circumvention of the Law N 44-FZ. The participant must indicate the trademark only if it is available.
Recall the General approach of control bodies and courts to the consideration of the first parts of applications: if it is generally clear that the proposed product meets the requirements, do not reject the participant. So, it is not necessary to do this if the participant offered another name with the same characteristics, indicated an extended but suitable range or a larger number of goods. The last case was previously commented by the FAS Russia.
Be careful when drawing up instructions for filling out applications
The customer made discrepancies in the preparation of instructions for filling in applications: it was unclear for what characteristics of the goods need to provide consent, and for what – specific values. The Supervisory authority and the court found this violation. The instruction must clearly define how to fill in the first part of the application.
Document: Review of judicial practice in the field of placing orders for state and municipal needs.