FAS against the inclusion in the terms of reference of indicators that describe the physical characteristics of the goods

25 June 2019, Tuesday

The customer demanded to specify in applications specific indicators of goods, including:

impact resistance;

tensile strength;

change in linear dimensions;

absolute deformation during indentation;

ultimate load;

moisture resistance.

FAS Russia has decided that the customer has limited the number of possible bidders, as these values can specify only the one who has the goods in stock.

Recall that the courts believe otherwise. In their view, participants are not required to conduct tests in such situations. They can specify characteristics using publicly available data, including certificates or declarations of conformity for goods.

Document: Decision of FAS of Russia from 14.05.2019 in the case of N 19/44/99/250