The Federal Antimonopoly Service of Russia has analyzed typical errors in the application of Resolution No. 1875
At the Ural Forum of Contractual Relations, Dmitry Bombyr, Head of the Department for State Order Placement Control at the Federal Antimonopoly Service of Russia, presented a detailed review of law enforcement practice on the application of the national procurement regime. Special attention is paid to widespread violations in the implementation of Resolution No. 1875, which regulates restrictions, prohibitions and conditions for the admission of goods of foreign origin.
The main accents of the presentation
1. National treatment: how and when to declare the absence of a Russian equivalent. The FAS emphasized that when purchasing goods that are not included in the register of Russian industrial products, the customer is obliged to declare this in the notice and send a corresponding notification to the Ministry of Industry and Trade. The absence of such a declaration is a violation.
2. The registry entry number is the key to the "Russian" origin. If the participant does not specify the registration number in the application, the application is equivalent to a foreign one. This is especially true for products from List No. 2 to Resolution No. 1875 (items 1-433). Even a Russian product can be rejected without a registration number.
3. Mismatch of characteristics is a foreign product. The Federal Antimonopoly Service reminded: the purpose of specifying the record number is to confirm the country of origin, not the technical characteristics. Therefore, it is illegal to reject an application solely because of discrepancies with the characteristics from the registry. This is confirmed by judicial practice (for example, case no. A75-22693/23).
4. Errors in the use of KTRU. Customers continue to set additional specifications for products included in the CTP, which violates the rules and restricts competition.
5. "Compatibility" does not justify trademarks. Attempts by customers to refer to compatibility when purchasing hardware with specific software are not accepted without a documentary justification. A formal reference to previously purchased equipment is not considered sufficient.
6. You cannot specify multiple registration numbers for one item. The Federal Antimonopoly Service clearly states that the application must contain one specific registration number for the product. Multiple numbers are grounds for rejecting an application as ambiguous. This is consistent with the position of the Ministry of Finance of the Russian Federation (letter dated 05/22/2025 No. 24-06-09/50188).
For more information, see the department's presentation.