The courts reminded when the lowering coefficient in the admission of foreign goods to public procurement is not applicable
The customer purchased products, including bananas, oranges. The winner of the purchase offered foreign products, and one of the participants — Russian.
The contract was concluded at a price 15% lower than the one offered. There is such a rule in the conditions of admission of foreign goods.
The winner complained to the Federal Antimonopoly Service that it is illegal to apply a reduction coefficient:
the object of purchase includes, among other things, fruits that do not grow in the EAEU countries. This means that the information about the country of the other participant's goods is incorrect. The customer should have made sure of this, for example, to request information from authorized organizations;
it is impossible to reduce the price, because everyone offered foreign goods.
The inspectors found no violations: to confirm the country of origin of the goods, its declaration in the application is sufficient. There is no need to certify this with any documents.
The courts have taken a different position:
some fruits grow in countries with a tropical climate, and not in Russia. This information was provided by authorized organizations in response to the winner's requests. The bidder with the offer of Russian goods did not confirm their country of origin. It is impossible to reduce the price by 15%;
the customer should have checked the information about the country.
A similar position is taken, in particular, by the AU of the West Siberian District.
Document: Resolution of the AC of the North Caucasus District of 28.01.2022 in case N A63-3615/2021