The customer independently chooses parameters and characteristics of a subject to purchase which are most corresponding to his requirements

Specialists of department draw such conclusion from item 2 p.1 Art. 33 of the Law N 44-FL according to which the customer in case of creation of the description of a subject to purchase uses if it is possible the indicators, requirements, symbols and terminology concerning technical characteristics, functional characteristics (consumer properties) of goods, work, service and quality characteristics of a subject to purchase which are provided by the technical regulations accepted according to the legislations on technical regulation, the documents developed and applied in national system of standardization, accepted according to the legislation on standardization, other requirements connected with determination of compliance of the delivered goods of the performed work of the rendered service to needs of the customer. If the customer in case of creation of the description of a subject to purchase doesn't use stipulated by the legislation indicators, requirements, symbols and terminology, documentation on purchase shall contain reasons for need of use of other indicators, requirements, symbols and terminology.

Specialists of the Ministry of Economic Development of the Russian Federation also explained that in case the customer specified the requirement about compliance of a subject to purchase to state standards in case of the description of a subject to purchase, the supplier (the contractor, the contractor) has the right to confirm compliance of technical characteristics, functional characteristics (consumer properties) and quality characteristics of a subject to purchase to requirements of state standards both with the certificate of conformity, and the declaration of the producer (the owner, the contractor). At the same time if the goods aren't subject to obligatory certification according to requirements of the legislation, the customer has no right to establish in the notice and documentation on purchase the requirement of provision of the certificate of conformity as it will be violation of the p. 2 of Art. 8 of the Law N 44-FL which established a prohibition on the actions leading to competition restriction, including to unreasonable restriction of number of participants of purchases.

Document: Minekonrazvitiya's letter of Russia of 10.11.2016 N D28i-3121