Court: in public procurement with project documentation, you need to specify the equivalent of the goods

31 March 2022, Thursday

The customer purchased works with project documentation. It indicated the goods of a specific manufacturer, but the ability to supply their equivalent was not established.
The inspectors considered this a violation: if there is, in particular, a specific manufacturer in the project documentation, then it is necessary to specify a condition in the purchase about the possibility of supplying an equivalent product.
The court supported this decision:
the absence of an equivalent condition violates the rules for describing the object of purchase. This may limit the number of participants who have the opportunity to supply similar products;
the customer has not proved that the supply of goods from other manufacturers with the necessary characteristics hinders the achievement of procurement goals or the implementation of design solutions.
Note that in practice there are examples with the opposite position. It is occupied, for example, by the AS of the Volga-Vyatka district, the Udmurt UFAS.

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