Participant in public procurement has rejected legitimate, despite the nonstandard requirements to the performance of the product
The customer held an auction for the purchase of furniture. In the documentation for some items the requirements were as follows:
- for the study Desk – "frame Coating: powder / polymer paint".
The instructions to fill the application had to be so: "In the case of establishing requirements for the options value by using the conjunction "or", " / " symbol, before options values is a sign of ":", customer needs to simultaneously satisfy all of these values, i.e. the participant in the application indicates all values unchanged";
- for a conference chair- "back thickness: 25? 32 mm".
According to the instructions, you had to fill out the application like this: "if you set a requirement for the indicator value using the symbol"?"and without using words/phrases/symbols / expressions that set minimum or maximum requirements, with the": "sign set before the values separated by the"? " symbol, the participant must specify one specific value within the set range of possible indicator values, excluding the extreme limits."
The bidder was rejected for non-compliance with the auction documentation requirements. In the application, he indicated:
- for school desks – " frame Coating: polymer paint";
- for a conference chair- "back thickness: 25 mm".
The control body recognized the rejection of the procurement participant as legitimate, despite the non-standard use of signs in the documentation. The Law N 44-FZ does not set criteria and requirements for instructions on filling out an application to participate in an auction. The customer does this at their own discretion, without limiting the number of participants.
Document: the Decision of the Saint Petersburg UFAS of Russia from 25.03.2020 in the case N 44-1641 / 20