The office of the Federal Antimonopoly service explained when it is possible to specify different characteristics of the product in the state contract, as in the application
The winner of the electronic auction for the supply of printer cartridges complained that the draft contract sent to him for signing contained information about the product that did not match the application.
The customer explained that he bought the original supplies and demanded from the parties to the agreement for the supply of products of a certain trademark.
The applicant has complied with this requirement however it is also led their product characteristics. Despite this, he was declared the winner. The sent draft of the contract included data from the technical task. The winner did not agree with the terms and indicated information from the application in the Protocol of disagreements. The customer did not accept the document.
The control body supported the customer. The winner was legally allowed to purchase because he agreed to deliver the product. In addition, he later signed a contract on the terms of the customer.
The complaint was found unfounded.
Document: Decision of the Kirov Department of the Federal Antimonopoly service of Russia dated 25.09.2019 N 043/06/83. 12-551 / 2019