The Federal Antimonopoly Service reminded: the national mode should also be set during public procurement for the manufacture of goods under the order
08.09.2022 the Udmurt Federal Antimonopoly Service of Russia received an Applicant's complaint about the provisions of the electronic auction notice for the performance of work on the manufacture of lower limb prostheses to provide insured persons who have suffered health damage due to industrial accidents and (or) occupational diseases.
A participant in the purchase for the manufacture of prostheses complained that the notification did not establish restrictions on the admission of foreign manufactured goods. The customer believed that he had done the right thing. The national regime requires participants to confirm the country of the goods, but at the time of submitting applications, this product has not yet been manufactured, as it will be made to order.
The supervisors of the customer did not support:
• the national mode should have been established, since the OKPD2 codes of manufactured products are included in the list of foreign manufactured goods with access restrictions;
• participants could confirm the country of the goods. The conclusion of the Ministry of Industry and Trade on domestic origin applies to products of both serial and individual production, if they are made in the same way.
A similar position is taken, in particular, by the Leningrad UFAS. Recently, this approach was supported by the 11th Arbitration Court of Appeal.
Документ: Resolution on case No. 018/06/106-720/2022 of September 14, 2022