The courts decided that Law N 223-FZ does not oblige bidders to detail the proposed price.
According to the terms of the purchase, the participants had to include in the price offer a summary table of the cost of work according to the forms. It indicated, in particular, information about the product and its spare parts, packaging, as well as the contractor's expenses, which affect the price of the contract.
The participant did not fill out the table completely, so his application was rejected.
The controllers found a violation. The courts agreed with them:
• according to the Law N 223-FZ, the application must contain a price. The participant is not obliged to perform additional calculations and attach them to the application;
• at the time of submitting the application, the participant may not have the goods in stock and not know about its spare parts, as well as additional costs during the execution of the contract;
• it follows from the documentation that the contractor already takes into account all his expenses in the price offer. It makes no sense to specify them in the application;
• a controversial requirement complicates filling out the application. The participant needs to fill out many forms with a significant amount of data. This may lead to errors and rejection of the application.
Earlier, the FAS expressed a similar position.
Document: Resolution of the 9th AAC of 11.10.2022 on the case № A40-48314/2022