Two suppliers is the minimum requirement: how to describe the purchase object correctly
The Federal Antimonopoly Service of Russia has consistently defended its position: the inclusion in the procurement documentation of requirements indicating a specific manufacturer without objective necessity is contrary to the norms of antimonopoly legislation.
If the purchase notice specifies characteristics that are suitable exclusively for one manufacturer, in the absence of any technical or functional features, then such a procedure is considered to violate the principles of competition. This goes against the regulations:
- Article 33 of Federal Law No. 44-FZ
- Article 8 of the same law
- Article 17 of Federal Law No. 135-FZ
In the event that a participant appeals against documentation containing conditions aimed at a single manufacturer, the customer must prove that these requirements allow at least two suppliers to participate. This rule applies to both purchases under 44-FZ and 223-FZ.
Market participants often ask the question: "Where exactly is the mandatory availability of two manufacturers prescribed?"
In this regard, the FAS clarifies the following: The regulatory framework requires the customer to formulate the terms in such a way that they do not narrow the circle of potential participants. Only if there are objective characteristics of the product, it is possible to justify the need to purchase from a single manufacturer. Otherwise, it is imperative to ensure the competitiveness of the procedure, that is, the participation of several suppliers.
Thus, if it is impossible to confirm that products from at least two manufacturers meet your requirements, this will be considered a violation of the law.