The courts found out when the reduction factor in the admission of foreign goods to public procurement is not applicable
The winner of the auction offered Chinese products, and one of the participants — Russian. At the conclusion of the contract, the customer reduced its price by 15%. Such a rule exists in the conditions of admission of foreign goods.
The winner sent a protocol of disagreements: According to the dealer, the products are not produced in the EAEU. This means that the information about the country of the other participant's product is incorrect. It is impossible to reduce the price, since all participants offered foreign goods.
The customer refused to change the contract: to confirm the country of origin of the goods, its declaration in the application is sufficient. It is not necessary to check this data.
The competition authority was supported by the customer.
The courts did not agree with this. The customer and the inspectors had to check the information that the goods were not produced in the Russian Federation.
Since the winner proved it, you can't reduce the price by 15%.
Document:
Resolution of the West Siberian District Administrative Court of 04.02.2021 in case N A46-4164/2020