The court did not support the reduction of the contract price in public procurement with restrictions and conditions of admission
The customer purchased radio-electronic equipment and set the restrictions and conditions of admission in the notification. The restrictions did not work, as none of the participants submitted product registration records.
The winner was recognized as a participant with an imported product. The price of the contract was reduced by 15% under the terms of admission, since Russian products were offered in one of the applications.
The inspectors, the first and cassation instances considered that the price was lowered illegally:
• the participant with the Russian product did not confirm the country of origin of the product within the limits of admission. Declaring a Russian product in this case does not prove that the products are domestic;
• all applications should be considered foreign, so there was no reason to lower the contract price.
Note that in practice there are examples with both similar and opposite positions.
Document: Resolution of the AC of the East Siberian District dated 03/07/2024 in case No. A19-11433/2023
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