UFAS: participants in public procurement with admission conditions do not have to confirm the country of the goods with documents
The winner of the fruit purchase complained that the customer illegally applied the admission conditions and lowered the contract price. A participant with a Russian product indicated false information about the country in the application, since bananas do not grow in Russia.
The customer explained that he could not check the application with the Russian goods, as he did not have the necessary documents for this.
The inspectors found no violations:
the content of all applications corresponded to the notification and the Law No. 44-FZ. According to the admission conditions, participants are not required to confirm the country of the goods with documents. There is no reason to consider the information from the application unreliable;
one of the participants declared a Russian product, which means that the customer correctly applied the conditions of admission to the winner with foreign products;
the operator notified the participants that there is an application with goods from Russia in the purchase. The winner offered foreign products and had to understand that the contract price could be reduced.
Similar conclusions were reached, in particular, by the Tambov UFAS. The controllers noted , among other things: the customer has no reason to check the country of the goods or demand to confirm it — he takes into account the information from the application.
There is an example in judicial practice when such an approach was declared illegal.
Document: Decision of the Chelyabinsk Federal Antimonopoly Service of Russia dated 10.08.2022 N 074/06/105-2146/2022(384-w/2022)