Courts: it is not necessary to reject an application in which there are no last digits of GOST, but the correct characteristics are indicated
The Commission rejected the bidder's application due to non-compliance with the documentation requirements. She considered the following:
was specified in GOST 15150 instead of GOST 15150-69;
some characteristics were presented in a "not less" format rather than as specific indicators;
some of the characteristics did not match the data on the manufacturer's website.
The Supervisory authority, and then the courts found the rejection of the application unlawful. The courts considered insignificant the absence of the last two digits of the GOST number, as they indicate the date of adoption of the standard. Information about the product reflected in the application with reference to GOST, consistent with the characteristics given in the documentation.
The courts did not agree that the application was rejected because it did not provide specific indicators. In the instructions for completing the application, the customer indicated: the participant can use "no more" and" no less", if it is provided by normative documents, technical documentation or information of the manufacturer of the goods. The participant offered in the application characteristics in accordance with the technical passport for the goods.
Courts also reminded: the Law N 44-FZ does not require to check the application for compliance with these sites. The absence of a product with specific characteristics on the manufacturer's website does not mean that there is no such product at all.
Document: Definition of the Supreme Court of 30.08.2019 N 307-ЭС19-14090