The Federal Antimonopoly Service reminded: according to the Law No. 223-FZ, it is impossible to require that the goods be delivered by the manufacturer or dealer
The documentation established the requirement that participants from among the MSPs have the status of a manufacturer of goods or a dealer. If there is no such status, you need to get documents from them to confirm the right to supply.
The controllers decided that it was illegal:
the terms of purchase do not allow to evaluate the experience and do not guarantee the quality of delivery. They limit competition. So, only 2 applications were submitted for participation in the tender. One of them did not meet the documentation requirements;
the participant can deliver the goods without documents from the manufacturer or dealer. They are not required to respond to requests, so you can skip the deadline for submitting applications and not receive documents;
According to Law No. 223-FZ, documents on the right to supply goods cannot be required in the documentation on competitive procurement among MSPs.
A similar position is taken, in particular, by the Novosibirsk UFAS. However, in practice there is a different opinion.
Document: Resolution of the Vladimir Federal Antimonopoly Service of Russia dated 13.04.2022 in case N 033/04/7.32.3-146/2022