Mistakes in the application of the national regime in public procurement: practical examples for 2020-2021
Supervisors punished customers for the following mistakes:
We applied the "third extra" rule without a sufficient number of applications
If there are no applications with products from the EAEU or one such application has been received, it is impossible to reject applications with foreign goods. Komi UFAS, Novosibirsk UFAS, Murmansk UFAS drew attention to this.
Deviated from the characteristics of the goods specified in the permission of the Ministry of Industry and Trade
The FAS of Russia and the Novgorod UFAS noted: if the Ministry of Industry and Trade allowed not to apply prohibitions, the characteristics of the goods in the technical task should coincide with the characteristics agreed by the department. Note that in these cases the discrepancies were significant. Controllers can forgive inconsistencies in indicators that do not affect production characteristics. This is what the Samara UFAS did.
We combined goods with and without restrictions in one purchase
Supervisors have repeatedly noted that the inclusion of goods with and without restrictions in one object of purchase reduces the number of participants. For example, it was recognized as a violation of the purchase of goods without restrictions together with such products:
- RAP from the register according to Resolution No. 878 - FAS of Russia;
- industrial goods from the list according to Resolution No. 616 - St. Petersburg UFAS.
We have established a ban on admission and conditions for admission of foreign goods in one purchase
The Saratov Federal Antimonopoly Service recognized the customer as a violator, who established in the auction documentation provisions prohibiting the admission of foreign goods simultaneously with the provisions on the conditions for the admission of such goods. Novosibirsk UFAS took a similar position: the customer was ordered to include in the documentation a ban on the admission of foreign goods and to exclude an excessive restriction of admission in this situation.