The state customer considers all applications of participants, if there are restrictions on the admission of foreign goods
If more than 10 bidders participated in the auction, the operator will send only 10 bids to the customer. It considers them one by one until it allows 5 participants. The Antimonopoly authority noted that due to this procedure, the "third extra" mechanism may not work in the case of restrictions on the purchase of foreign goods.
For example, the customer set restrictions under decree No. 617. Applications that meet the requirements of this regulation were ranked 11th and 12th. So they won't be considered. 1 to 5 took the place of the application with the foreign goods. Access restrictions cannot be applied.
The Agency explained that in this case, the operator must send, and the customer must consider the applications of all participants who participated in the auction.
Document: letter of the FAS of Russia dated 29.09.2020 N IA/84079/20