FAS explained requirements to the instruction for filling of the application for participation in purchase under the Law N 44-FL

Representatives of department have specified that not establishment by the customer of the ought instruction for filling of the application can lead to emergence at participants of errors of technical character when filling and forming the applications that in turn can lead to recognition of such applications not conforming to the requirements established by the customer. 

In order that participants had an opportunity to properly fill in the application and to specify the required indicators, the customer establishes in documentation on purchase the instruction for filling of applications in which, according to FAS Russia, it is expedient:

- to point to the section and (or) point of documentation which contains the indicators provided by the p. 2 of Art. 33 of the Law N 44-FL concerning which participants make offer in the applications;

- to define concerning what indicators the customer has established the maximum and (or) minimum values, and also an order of their instruction by participants in the applications (in the form of one value of an indicator or range of values of an indicator);

- to define concerning what indicators the customer has established values which can't change, and respectively are subject to the instruction participants in the applications without any changes;

- to compare requirements of the technical regulations, standards and other documents provided by the legislation on technical regulation (further - Standards), with indicators which values are subject to the instruction in the application (in case of establishment by the customer in documentation of the requirement about compliance of such indicators to the values established by Standards).

Also specialists of FAS Russia have specified that in case of establishment by the customer in documentation, the notice of requirements about simultaneous compliance of the goods indicators offered by participants as to the values provided by the Standard and the values specified in documentation, the notice the last shouldn't contradict requirements of the Standard, and also shouldn't mislead participants and allow to specify the indicators contradicting provisions of the Standard and (or) their value in the application. The example of establishment of an indicator in documentation, the notice is given.

Besides, representatives of department have noted that at establishment by the customer in documentation, the notice of requirements to the description of goods it is necessary to consider that the Law N 44-FL doesn't oblige the participant to have available goods at the time of application in this connection requirements of the customer to describe in detail in the application (by granting indicators and (or) their values as in the form of one value, range of values, and preservation of invariable value) the chemical composition and (or) components of goods and (or) indicators of the production technology, test of goods and (or) indicators which values become known at test of a certain consignment of goods after his production have signs of restriction of access to participation in purchase.

Document: Explanations of FAS Russia from 12/12/2016