FAS Russia explained controversial issues in public procurement
The application of the participant will not be rejected due to the lack of a trademark, even if its presence is provided by GOST
If the customer demanded a product with characteristics corresponding to GOST, the member must offer the goods with them. FAS noted that this applies only to the requirements for functional, technical and quality characteristics of the goods. The presence or absence of a trademark does not apply to them. In addition, GOSTs can not oblige to register a trademark, as the civil code is a right, not a duty of the manufacturer.
Thus, the application of the participant can not be rejected if he did not specify a trademark or one is missing. Recall that the position of the FAS adhered to in the past. Courts, for example, of the North-Western district, of the East Siberian district, agree with the Department. However, there is another approach. In particular, the Commission rejected the application for the absence of a trademark, whereas according to GOST it should be cast on the hatch. Kemerovo Office of the Federal Antimonopoly service agreed with this basis.
In another case, the 15th Arbitration court of appeal upheld the Commission's decision to dismiss the participant for not specifying the trademark of automobile tires. The reason is that it was provided not only by GOST, but also by the technical regulations of the Customs Union, according to which the goods are subject to mandatory certification. In addition, the court took into account that car tires without a trademark does not exist.
The participant does not demonstrate compliance with Optibase about the experience of construction subcontracts
To confirm compliance with Optibase about the experience of building works, party shall submit copies of the executed contract (agreement), invoice with all mandatory details and proof of executed value of the contract (agreement) and permission to object input in operation. It is a question of the construction works specified in item 2 of the Appendix N 1 to the Resolution N 99.
FAS said: these documents should be issued to the participant of the purchase. Confirm compliance with additional requirements can only contracts (contracts) of the General contract.
In support of its position, FAS cited judicial practice.
It should be noted that the Supreme court recently came to the opposite conclusion: the legislation on the contract system does not oblige the participants to confirm the work experience only with General contracts.
If the work or service is in the catalog of goods, works, services, characteristics in the documentation must be set in accordance with the catalog
Such duty follows from the rules of use of the catalog of goods, works, services. It concerns the procurement of both goods and works or services. FAS noted: when carrying out construction works, the customer includes only project documentation in the procurement documentation. This is sufficient to comply with the requirements of the Law N 44-FZ.
Recall, in the establishment of requirements for the characteristics of the catalog of goods, works, services there are nuances. About what mistakes can punish the control body, read our material.
The initial maximum contract price for the procurement of services "CTP" is set within the values of the base rate of the tariff, taking into account the possible reduction in the results of the purchase
The minimum and maximum values of the base rate are determined by the Bank of Russia. The customer chooses any value within the established limits, but so that the insurance companies can reduce the size of the insurance premium.
FAS Russia reminded that these organizations can not underestimate the values of the base rates and coefficients of insurance tariffs. This violates insurance law.
Note: according to the courts, applications with low coefficients and base tariffs should be rejected. For example, the Supreme Court of the Russian Federation, as of the West Siberian district came to such conclusions.
Document: Letter of the FAS of Russia from 19.06.2019 N IU/51304/19