Courts: the participant of public procurement can specify the range within the error, if it is allowed by GOST
The participant was denied admission to the electronic auction, because instead of a specific indicator of the goods, he presented a range of values: the thickness of the steel elements on the item "Metal drainage system" - from 0.5 to 0.6 mm.
UFAS has considered the refusal lawful. In the documentation it is established: in the offer of the participant there should be concrete indicators which allow to identify object of purchase. In addition, in response to a request for clarification of the documentation, the customer explained: it is necessary to give specific values for the named position.
The courts did not agree with the decision of the Antimonopoly authority. According to the manufacturer, the composition of the drainage system includes both elements with a metal thickness of 0.5 mm and 0.6 mm. GOST allows a deviation of these values by +/-0.1 mm.
As noted by the courts, if the participant gave an accurate value of the thickness of the metal, it would not provide a reliable characteristic of the material. This position was supported by the Supreme court and did not review the case.
Document: Definition of the Supreme Russian Federation of 29.11.2019 N 302-ES19-23063