The courts have figured out what certificate of origin is suitable for participation in public procurement
The participant included in the application the CT-1 certificate issued in the name of the manufacturer. The Commission considered that the participant did not confirm the production of the goods, as required by the ban on the supply of foreign furniture, and rejected the application.
The office of the Federal Antimonopoly service decided that the participant should not have been rejected. The law N 44-FZ and the Resolution N 1072 do not oblige to participate in purchase only producers of goods. It does not follow from the requirements of the second part of the application that the CT-1 certificate should be issued exclusively in the name of the bidder.
The courts thought otherwise. The procedure for issuing certificates to participants and manufacturers varies. To participate in the procurement, the organization may submit:
CT-1 certificate issued to the bidder. This document is issued in the name of the bidder, including information about the customer and the object of purchase and terminates after the purchase;
a copy of the certificate CT-1, issued by the manufacturer of the goods. This certificate is issued for up to one year from the date of issue. A copy is valid for the duration of the original. It must be certified by the manufacturer.
In the case under consideration, the participant submitted a certificate addressed to the manufacturer of the goods. The document was issued to the manufacturer as an independent participant in the purchase. Consequently, the Commission validly rejected the application.
Document: Resolution of the Arbitration court of the Volga-Vyatka district of 16.05.2019 in case N A43-30255/2018