FAS explained how to provide the certificate ST-1, and other problematic issues
FAS Russia told how long to recognize the winner evaded the contract, how to provide a certificate of origin to participate in the purchase, whether it is possible to replace the country of origin of the goods in the performance of the state contract.
In what term it is necessary to recognize the winner evaded
If the customer has recognized the winner of the electronic procedure evaded the conclusion of the contract, the Protocol must be placed in the EIS and on the electronic platform on the next working day after the recognition of the winner evaded.
However in the Law N 44-FZ the term during which the customer has to recognize the winner evaded from the conclusion of the contract isn't specified. FAS Russia believes that it is advisable to do this no later than one working day following the day on which the deadline for signing the contract falls.
How to provide a certificate of origin to participate in the purchase
When purchasing items for which there are restrictions and prohibitions on the supply of foreign goods, the customer requires to provide a certificate ST-1, if it is provided by regulations. The participant sends in electronic form all necessary documents to the operator of the electronic platform, including documents confirming compliance with the prohibitions and restrictions.
According to FAS Russia, the customer has no right to demand that a copy of the certificate ST-1 was certified by the manufacturer of the goods, and the Commission can not reject applications due to the fact that it is not certified. Such requirements are not established by the Law N 44-FZ and by-laws.
Recall, the procedure for issuing certificates ST-1 in some cases may provide that a copy of the certificate must be certified by the manufacturer. For example, to participate in the purchase of furniture participant provides a certificate ST-1, issued in his own name or in the name of the manufacturer. In the latter case, the manufacturer certifies a copy of the certificate and sends it to the participant. We believe that the participant should make sure that the certificate was issued according to the rules. This will reduce the risk of rejection.
Is it possible to replace the country of origin of the goods in the performance of the contract
According to FAS Russia, in the performance of the contract can not be replaced by the country of origin in the following cases:
the participant received preferences for offering a product of a certain country of origin;
applied nazrein;
the indication of the country of origin affected the assignment of points in determining the winner;
the technical and functional characteristics of the proposed goods of another country of origin are worse than those specified in the contract.
Document: Review of legislative clarifications on placing orders for state and municipal needs (August 2019)