The court reminded: in the notice it is possible to use phrases referring to documentation
The customer published the notice and used the link to the documentation in the sections "place of delivery" and "terms of delivery". In both cases, instead of specific information, it was stated: "in accordance with Annex 1 to the contract - the list of buyers, the number of products, the delivery schedule".
The Supervisory authority recognized this as a violation, the courts of first instance and appeal supported his position.
According to the Law N 44-FZ the notice shall contain the summary of conditions of the contract, including about the place and terms of delivery. The information contained in the UIS must be complete and accurate. Law N 44-FZ does not provide for the possibility to give information in the notice in the form of references to another document.
However, the district court found otherwise. The customer did not violate the principle of reliability and completeness of information, as simultaneously with the notice he placed in the UIS the procurement documentation, the draft contract and the terms of reference. Potential bidders could read the information. The court recalled the established approach: the Law N 44-FZ, although it does not provide, but does not prohibit the use of reference phrases in the notice.
Note that most of the control bodies adhere to this position. The St. Petersburg and Ulyanovsk Departments of the Federal Antimonopoly service did not see any violations. The Moscow Office of the Federal Antimonopoly service stressed that reference phrases are necessary, even if all the information is specified in the documentation. Their absence was recognized by the Supervisory authority as a violation.
Document: Resolution of the Arbitration court of the West Siberian district of 03.07.2019 in the case N A75-10690/2018