UFAS: the reference of the state customer to its needs is not enough to justify the characteristics of the non-KTRU
When describing the object of purchase, the customer, in addition to the characteristics of the KTRU, used those that are not in the catalog. He justified it this way: the information in the KTRU is not enough to accurately determine the quality, functional and technical indicators of the product. Additional information is provided based on the customer's needs.
The supervisors considered this a violation: the customer's reference to his needs is not enough. The need to use additional characteristics is not disclosed.
It should be noted that some courts believe that since the legislation on the contract system does not require the form and content of the justification of indicators outside the KTRU, customers can do this in any form. In particular, they have the right to refer to their needs. This decision was not reviewed by the Armed Forces of the Russian Federation.
However, in most cases, a convincing argument is needed. So, in one case, there were no problems when the customer justified the additional characteristics by the need to extend the service life of the product, as well as the safety of its use. In another example, the documentation described in detail the functional need for other indicators.
Document:
Decision of the Khakass Federal Antimonopoly Service of Russia of 11.05.2021 N 019/06/14-409/2021