The courts have explained what the characteristics of the product can be made in the documentation for the public procurement
The customer announced an auction for construction and installation works. The bidder decided that the documentation was drawn up with violations, including the description of the object of purchase, and complained to the Supervisory authority.
FAS supported the party. The terms of reference contained requirements for the indicators of goods, the values of which become known only when a certain batch of goods is tested.
However, the courts decided otherwise. The following arguments played a role:
the disputed characteristics established in the specification are inseparably connected with further operation of the reconstructed capital construction object;
information on compliance with the technical regulations is indicated on the packaging of the goods, on the websites of manufacturers and sellers of the goods, as well as in the certificates of conformity (quality) for the goods, so there is no need to conduct additional tests to clarify the parameters. The ability to establish well-known indicators previously confirmed and Vladimir UFAS;
in the documentation there were no requirements for the chemical composition, components of the goods, indicators of production technology, as well as requirements for participants about the availability of goods for work under the contract.
Thus, it was enough for the participant to specify the characteristics in accordance with the requirements of the documentation that the customer has established in accordance with technical regulations and documents in the field of standardization. The Supreme Court refused to review the case.
Document: Determination of the Supreme court of the Russian Federation of 08.04.2019 in case N A66-16461/2017