UFAS reminded: in public procurement of electronics with the national regime, it is impossible to specify characteristics not according to the KTRU
The participant of the auction for the supply of ultrasound devices complained that the customer illegally indicated their characteristics not according to KTRU. When purchasing goods from the list of foreign electronic products (REP), this is prohibited.
The customer objected:
the special properties of the products were indicated in order to provide high-quality medical care and receive goods with the necessary functions. Otherwise it cannot be used for its intended purpose;
higher requirements were set for the purchase of innovative and high-tech products;
the codes from the KTRU did not fit, so the object of purchase was described according to Law No. 44-FZ and GOST.
The controllers of the customer did not support:
the rules of the KTRU prohibit specifying the characteristics of the goods not according to the catalog in the procurement of radio electronics with national mode;
in the purchase, restrictions were set on the admission of foreign REP, the position code of the KTRU was used with parameters that are not in the catalog. This contradicts these rules and Law No. 44-FZ.
A similar position is taken, in particular, by the St. Petersburg and Rostov UFAS. However, in practice there is an example when the customer was able to justify the description of the object of purchase not according to the CTP in the purchase with the national mode. The specifics of the activity and the needs of the customer convinced the supervisors.
Document: Decision of the Vladimir UFAS of Russia dated 16.05.2022 N 033/06/14-312/2022