The customer of 223 federal law may require that the participants in the purchase are official dealers

28 December 2017, Thursday

In the opinion of the AC of the Volga region, the customer legally established in the procurement documentation the requirement for participants to have:

- the status of an authorized dealer, distributor, partner or other similar status;

- a letter of the manufacturer or a certificate confirming the participant's right to supply the purchased equipment and carry out its warranty repair.

Due to these requirements, the customer can assess the degree of reliability of the procurement participant and his ability to meet the needs of the customer in a timely manner.

The court took into account the nature of the activities of the customer and the fact that the possibility to establish the requirements in question was provided for in the procurement clause.

Note that in judicial practice, there is another point of view.

Document: Resolution of the AC of the Volga region from 22.11.2017 on the case N A72-1999 / 2017

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