How the FAS assesses the requirements for the first parts of participants ' applications for public procurement of works and services.
Since January 1, the requirements for the content of participants ' requests for work purchases have changed: you can no longer ask for specific indicators of the product used. However, the practice of the FAS is not always uniform. Let's analyze the position of the control authority on the example of purchasing cleaning and maintenance of buildings.
Purchase of cleaning services.
In relation to such purchases, the practice is fairly uniform. The FAS recognizes that it is a violation to require specific indicators of goods used in the provision of services.
Thus, when purchasing services for sanitary and hygienic maintenance of the building, premises and surrounding area, the customer set requirements for detergents. According to the terms of the documentation, participants had to specify specific indicators in the application. The Commission rejected the participant due to inaccurate information, but the FAS recognized both the Commission's actions and the customer's requirements as violations. The customer should have required only the consent to provide services in the documentation and not to request specific indicators of the products used.
The FAS came to this decision in the case when the applicant appealed only the provisions of the documentation.
Purchase of building maintenance services.
For such purchases, the FAS practice is less clear. In the examples below, customers required specific indicators for nuts, cable sleeves, and other parts used in building maintenance to be specified in the request.
In one case, a bidder complained that the bid was rejected improperly and that the requirements for the first parts set out in the documentation were incorrect. The FAS supported the participant: according to the new rules, participants only had to give their consent to provide services.
A few days later, the FAS considered a complaint about the purchase of services for complex maintenance and maintenance of the administrative building. Here, the participant complained only about the fact that the customer demanded to provide specific indicators of the products used. The customer stated that the requirements for the characteristics of goods used in the provision of services are set in accordance with their needs and do not contradict the Law N 44-FZ. The FAS found no violations in this part. Note that the applicant did not participate in the meeting and did not support his complaint with additional arguments.
In another situation, the FAS assessed the characteristics of the product itself, without addressing the question of whether it is legitimate to require specific indicators of the product used.