Rejection of an application in public procurement with restrictions: The Federal Antimonopoly Service Administration indicated to the customer the wrong choice of grounds
The customer applied restrictions on the admission of foreign medicines from vital and essential medicines and rejected the application with Indian goods. The reason is the inconsistency of information and documents with the notification.
The participant complained that the final protocol indicated the wrong reason for rejection. Because of this, the operator could withhold the provision of the 3rd application in the quarter.
The controllers found a violation. Several participants offered domestic goods. The application with foreign products should have been rejected on another basis: there was a case from the regulatory legal act on the national regime — the "third superfluous" mechanism worked.
It should be noted that the same basis is used if restrictions have been triggered in the procurement of foreign manufactured goods or electronics. This was pointed out, in particular, by the Irkutsk and Mordovian Departments of the Federal Antimonopoly Services.
Document: Decision of the Novosibirsk Department of the Federal Antimonopoly Service of Russia dated 27.03.2023 N 054/06/48-462/2023