The court overturned the decision of the Federal Antimonopoly service of the violation made by the state customer did not affect the result of the purchase
The participant of the request for quotations complained to the customer, considering that the description of the purchase object was biased. The Supervisory authority additionally conducted an unscheduled inspection.
It turned out that in the application form the customer provided extra lines to fill in: phone (Fax), e-mail, INN/checkpoint of the bidder, the name of the country of origin of the goods or the name of the manufacturer of the goods, quantity, unit price. The management of Federal Antimonopoly service recognized it as violation as the Law N 44-FZ provides the closed list of data which the participant has to provide in the quotation application. Other documents and information cannot be required.
However, the courts did not agree with the Supervisory authority. Their position was influenced by a combination of factors:
the complaint of the participant did not concern the form of quotation application;
no application was rejected for non-compliance with the form of quotation application;
the information specified in the application form did not affect the results of the purchase.
According to the courts, the purpose of the prohibition to require additional information is to remove artificial barriers to participation in the procurement. In this case, such obstacles have not arisen, so the customer can not be considered to have violated the Law N 44-FZ.
The judge of the Supreme court refused to refer the case to The judicial panel on economic disputes.
Document: Determination of the Supreme Court of 24.12.2018 in the case N A41-108439/2017