The courts supported the reduction of the contract price in public procurement with restrictions and conditions of admission
The customer purchased the monitors. Restrictions and conditions of admission were established in the purchase. None of the participants submitted product registration records, so the restrictions were not applied.
The winner was recognized as a participant with imported products. The contract price was reduced by 15%, as one of the applications declared a Russian product. The inspectors rejected the arguments that the customer had not checked the information in the disputed application.
Three instances did not see a violation:
• the conditions of admission do not oblige to confirm the country of the goods with documents, declaration is sufficient. Access restrictions were not applied because none of the participants indicated registry entries.;
• the customer reviews the application taking into account the documents and information that it contains. The content of the disputed application did not allow to determine the country of the goods. The customer could not request additional documents for this purpose;
• there were no grounds to suspend a participant with Russian products. The price of the contract with the winner was reduced correctly.
The Arbitration Court of the Moscow District came to similar conclusions. However, in practice there is another opinion.
Document: Resolution of the Arbitration Court of the Ural District dated 11/21/2023 in case N A76-40755/2022
Photo taken from https://ru.freepik.com/popular-photos