Judicial practice according to the Law N 44-FZ
You can not specify the specific composition of disinfection products in the technical task
The customer purchased six disinfectants for different purposes. In the technical task, he set requirements for the content of active substances in each product.
The FAS and the courts of three instances decided that such requirements are excessive. All disinfectants, regardless of their composition, are registered and certified. If the product is certified, it means that it a priori meets its purpose — to destroy microbes and bacteria.
The customer does not need to provide the component composition — it is only necessary to specify the application area. Otherwise, the customer must justify why they need funds with a specific percentage of active substances.
The Supreme court refused to review the case.
Document: Determination of the Supreme court of the Russian Federation of 23.01.2020 N 306-ES19-27343
You can require auction participants to specify the quantity of the product
The customer rejected the applications of three participants, because they do not specify the quantity of the product that will be used in the performance of the work.
The FAS considered these actions a violation. The quantity of the product is not its functional, technical, quality or operational characteristics. The very fact of submitting an application means that the participant agrees to deliver it in the required amount.
The courts of three instances did not agree with the Antimonopoly authority and supported the customer. They indicated that the customer has the right to require the indication of such an indicator as the quantity of the product.
Note that this is not the first time that the FAS points out that the requirement to include the quantity of goods in the application is unacceptable. The legality of such a claim is likely to have to be defended in court.
Document: Resolution of the Volga-Vyatka district Arbitration court of 29.11.2019 in case N A17-1494/2019
You can not allow an application, even if the drug manufacturer guarantees that the certificate will be reissued
The participant of the auction for the purchase of medicines included an invalid registration certificate in the application. Together with it, I attached a letter from the manufacturer, in which he guaranteed that he would provide the certificate immediately after re-registration.
The courts of two instances considered the actions of the customer who allowed the application to be illegal: the manufacturer's letter cannot replace the registration certificate.
The district court agreed with them. He also pointed out that the customer violated the principle of equality of participants in the purchase. Other applications, which also included invalid registration certificates (but without the manufacturer's letter), were rejected by the customer.
Document: Resolution of the Arbitration court of the Central district of 03.02.2020 in case N A62-1659/2019
The customer should always put a stamp on the Bank guarantee request
The Bank refused to pay the customer for the guarantee due to the fact that the claim was not stamped. The customer challenged the Bank's actions. The request and the documents attached to it were filed in a single package, sewn together, numbered, and there was a sticker with the signature and stamp on the back.
The courts supported the Bank. The form of the claim established by the government provides for the presence of a seal on the claim itself. The same condition was specified in the Bank guarantee.
Document: Resolution of the Arbitration court of the Moscow district of 07.02.2020 in the case N A40-93898/2019