Management of Federal Antimonopoly service punished the municipal customer for requirements to chemical composition of goods at purchase of services
The customer announced a competition with limited participation for catering services. In the documentation, he specified the requirements for the products that the participant must use in the provision of services. The participant complained to the Office of the FAS on the restriction of competition.
The customer justified the strict requirements for the products as follows. Services will be provided to vulnerable segments of the population: pensioners, disabled people, citizens in difficult life situations. Characteristics are set in accordance with GOST. Since the object of purchase — the provision of services, not the delivery of goods, the terms of reference does not imply that the products must be at the participant at the time of application.
These arguments did not convince UFAS. The technical task contains requirements for the chemical composition of products, which violates the rules of description of the object of purchase. The customer requested characteristics that can only be provided by participants who have the goods in stock. This limits the access of potential participants to participate in the procurement. The customer was found to have violated article 17 of the law on protection of competition.
Document: the Decision of Novosibirsk Management of Federal Antimonopoly Russia of 22.07.2019 N 054/01/17-322/2019