The state customer rejected the application with goods from several countries — the courts did not support the decision
The customer purchased fruits and vegetables. The participant's application was rejected because he offered goods from two countries.
Controllers and courts did not support the customer's decision:
• the participant agreed to deliver the goods on the terms of the notification when he submitted the application. It was rejected only because two countries of origin were indicated for tangerines and lemons;
• the terms of purchase did not prohibit the supply of a number of identical goods for one item. The indication of several countries could not affect the evaluation of the characteristics of the product. This is not a reason to suspend a participant.
The Federal Antimonopoly Service of Russia and the Omsk Department of the Federal Antimonopoly Service came to the conclusion that Federal Law No. 44 does not prohibit specifying several countries of origin of goods in the application.
Document: Resolution of the Arbitration Court of the West Siberian District of 13.11.2023 in case N A81-1055/2023
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