The requirement for the customer to specify the application warranty inappropriate

The competition authority in an unscheduled inspection revealed violations of the law of contract system. In particular, the customer wrongly included in the terms of reference of tender documentation requirement is that the participant must provide the application specific warranty period products. The customer with the decision of FAS disagreed and challenged it in court.

The court decision of the antimonopoly agencies upheld. Under the provisions of the legislation on the contract system the customer is entitled to set a requirement to specific indicators of functional, technical, quality, performance characteristics of the object of purchase. However, the manufacturer's warranty period, and it is not such a characteristic.