The customer's explanations must not contradict the procurement documentation under Law No. 223-FZ
The customer purchased transport insurance services. Participants were asked to specify the number of seats of one of the cars in order to calculate the insurance premium. The customer explained: "the number of seats is 16 + 1".
The bidder complained that some bids were illegally allowed to bid. Taking into account the customer's response, they should offer a price based on the fare for 17 passenger seats, and not for 16.
The customer explained to the supervisors:
he gave information about the number of seats, not passenger seats;
the category of transport provides that the driver's seat does not belong to the passenger, but is a boarding seat. The number of "16 + 1" means 16 passenger seats and 1 driver's seat;
participants correctly calculated the insurance premium based on the base rate for 16 seats.
The antimonopoly authority considered that the customer gave incorrect explanations. He did not specify what exactly should be understood by the number of seats. His answer contradicts the documentation.
Document:
Decision of the Moscow Federal Antimonopoly Service of Russia of 27.11.2020 in case N 077/07/00-20347/2020