The Federal Antimonopoly Service reminded: Law No. 223-FZ does not oblige participants to perform additional calculations of their price
The procurement documentation allowed requesting a price justification from the dumping participant. The condition was applied if the price offer was lower than the average price of the rest by more than 15%. In the absence of explanations, the application could be rejected.
One of the participants was obliged to justify dumping and attach documents (some of them from the manufacturer). The participant sent them. The customer considered that the approximate price calculation was performed incorrectly. The application was rejected.
The controllers found a violation:
• the disputed condition did not determine the procedure for justifying the price. All the information that the customer requested was provided to him. It did not follow from the documentation that the participant did it wrong;
• the customer has not provided for the procedure for checking the price calculations with justification. It is unclear which calculation is considered correct, since there is no verification methodology;
• the participant was also required to provide a certificate on the material and technical resources of the manufacturer. The result depended on third parties, which violated the principles of equality and justice;
• Law No. 223-FZ does not oblige the participant to perform additional calculations of its price. The customer demanded to provide data, the boundaries and scope of which he did not determine. This can lead to errors and the suspension of the participant.
It should be noted that the requirement to detail the proposed price may also be recognized as a violation.