The state customer won the dispute on price reduction under the conditions of admission – the Supreme Court of the Russian Federation refused to review the case
The customer held an auction for the supply of monitors. Restrictions and conditions of admission were established in the purchase. No registry entries were submitted in any of the applications, so the restrictions were not applied.
The winner was 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 you to confirm the country of the goods with documents, declaration is enough. The admission restrictions did not apply because no one submitted product registration records;
the customer reviews the application taking into account the documents and information that it contains. The application with Russian equipment did not contain data on the individual characteristics of the product, which would allow checking the country of origin. The customer could not request additional documents;
There were no grounds to suspend a participant with Russian products. The price of the contract with the winner was reduced correctly.
The Supreme Court of the Russian Federation did not review the case.
Note that in practice there are examples with both similar and opposite positions.
Document: Ruling of the Supreme Court of the Russian Federation dated 05/08/2024 N 309-ES24-1236.
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