Ranges in the specification: when to specify that the indicator is unchanged
The Commission rejected the bid of the bidder, as for a number of indicators, he indicated in it the range values that do not correspond to the documentation:
in terms of "porosity", the participant suggested a range of "15 to 18%" instead of " 14 to 22 percent";
in terms of "operating temperature" — range "-20 to + 50 °C" instead of "from -30 to + 50 °C".
The Supervisory authority and the courts found the Commission's decision unlawful. The customer has not established in the documentation that the figures in question suggest the same when specified in the application. Indicators of the goods of the participant are included in the ranges specified in the documentation, so the application had to be allowed.
Cassation appeal refused to transfer for consideration To the judicial Board on economic disputes of the armed forces.
If a product is required to operate under certain conditions, it is not sufficient to provide a range of values for an indicator, such as operating temperature or pressure. You must also specify that the participant may not offer the product, the characteristics of which lie in a different range.
Document: Determination of the Supreme Court of 24.12.2018 in the case N A11-270/2018