Judicial practice according to the Law N 44-FZ
If the supplier did not import the goods to the Russian Federation, you can not require customs documents from him
Under the terms of the contract, the supplier, in the case of delivery of imported goods, was obliged to provide the customer with documents confirming the payment of customs duties. The supplier did not submit them, and the customer terminated the contract.
The court ordered the customer to accept and pay for the product. The fact is that the supplier was a reseller of the product. He purchased the product on the territory of the Russian Federation. Since the supplier was not required to pay customs duties, it should not submit documents requested by the customer.
Document: Resolution of the Arbitration court of the East Siberian district of 17.12.2019 in case N A19-30703/2018
Non-price criteria for evaluating applications should allow you to identify the best offer
To evaluate applications for participation in the competition, the customer set a non-cost criterion "qualification of the bidder". Its indicator was the "business reputation of the bidder", which consisted of two factors:
term of presence on the market — 0.7;
the number of similar executed contracts is 0.3.
From these conditions, it turned out that more successful participants (who fulfilled more contracts) can lose to organizations that formally started work earlier (they were created as a legal entity earlier).
The courts supported the Antimonopoly authority that this criterion was set incorrectly and the purchase should be canceled.
Document: Resolution of the Arbitration court of the North-Western district of 17.12.2019 in case N A56-162369/2018