Court: the customer under Law N 223-FZ has the right to use voluntary certification as an assessment criterion

13 October 2021, Wednesday

The customer established the availability of certificates of voluntary certification systems as one of the criteria for evaluating applications. The Tver OFAS considered that this requirement was excessive. It does not improve the quality of the product and leads to restriction of competition.

The courts did not agree with the supervisors. Competition is not limited, since procurement participants have the right to offer both certified and non-certified goods. The criterion ensures the objectivity and professionalism of the assessment, eliminates the risk of errors on the part of the customer who does not have special knowledge.

Document: Resolution of the CA of the North-Western District of 09/29/2021 on case N A66-12347 / 2020