Judicial practice according to the Law N 44-FZ
The customer has the right to require that the purchasing participant's license is extended to a specific territory
When purchasing disinfection services, the customer has set a requirement in the documentation that the appropriate license is available. The place of implementation of the licensed activity had to be the locality where the customer's object is located.
The FAS and the courts of three instances recognized the legality of this requirement.
Document: Resolution of the Arbitration court of the far Eastern district of 06.12.2019 in case N A73-11273/2019
Combining identical services provided in different cities in a single purchase may be considered illegal
The customer included in one purchase services for the protection of objects located in 20 localities. In another case, a single purchase combined building cleaning services in nine cities.
In both cases, the customer's actions were considered illegal. In fact, the district court noted, additional requirements were set for participants to have more technical, human and financial resources. This is unacceptable, especially given the fact that one of the purchases was made among SMP and SONKO.
Documents: Decisions of the Arbitration court of the West Siberian district of 10.12.2019 in the case of N A75-9838/2019, from 04.12.2019 in the case of N A75-7858/2019
The bidder is not entitled to replace the offered product if it turns out that it is not suitable for the customer
During acceptance, it was found that one of the products is incompatible with the customer's equipment. The customer refused to perform the contract, including replacing the product with a suitable one.
The courts of three instances supported the customer. The supplier offered a specific product model in his application, considering that it meets the customer's requirements. Since this was not the case, the customer rightfully refused to accept the product.
The fact that the supplier then offered another product that meets the customer's needs but is not specified in the contract does not change the situation. The customer had no reason to accept such a product.
Document: Resolution Of the arbitration court of the Volga region from 13.12.2019 in the case N A49-3372/2019