YOU: in the procurement under the Law N 223-FZ, it is impossible to establish the right of admission of applications that do not meet its conditions
The customer has provided in the documentation the possibility to allow for the purchase of applications that do not meet its conditions for the composition of documents, if the absence or inconsistency of the latter
does not affect the content and conditions of the application, as well as the execution of the contract;
does not entail the risk of default.
The participant of the purchase considered it illegal. The customer explained: such a condition was established to exclude the rejection of applications on formal grounds.
Controllers were not convinced by the argument:
the customer has not established any grounds for rejecting applications;
admission to the purchase depends entirely on the will of the customer. This may limit competition.
Document:Decision of the FAS of Russia dated 24.02.2022 N 223FZ-88/22