FAS explained when it is impossible to demand specific indicators of goods during public procurement of works and services
The Office confirmed: it is impossible to require procurement participants to present in the first parts of applications specific indicators of the goods used in the performance of work (provision of services). When it comes to such goods, the participant only needs consent to perform work (provision of services).
If, under the terms of the documentation, the goods are delivered, then in the first part of the application it is necessary to indicate the name of the country of origin of the goods, its specific indicators and the trademark (if any).
The antimonopoly authority explained how to distinguish the use of goods from delivery. So, you cannot require specific indicators to be indicated if:
- the goods are not transferred to the customer on the waybill or transfer certificate;
- the goods are not accepted for accounting of the customer;
- the goods are construction and consumables, detergents, etc., used in the performance of work (rendering of services), without which it is impossible to perform (render) them.
For example, when carrying out maintenance work, wallpaper and glue are not transferred to the customer, but are used, therefore, the customer cannot require specific parameters of the goods to be indicated in the application. If, as part of the maintenance work, the installation of an air conditioner is necessary, the customer may require specific product indicators, since:
-conditioner will be transferred to the customer according to the results of work;
- the goods will be taken to the accounting of the customer;
- the goods in this case are not construction or other consumables.
Document: Letter of the Federal Antimonopoly Service of June 25, 2020 N IA / 53616/20