Department of the Federal Antimonopoly Service: it is possible to coordinate the color of the goods at the stage of execution of the state contract
The inspectors complained that under the terms of the purchase for the supply of furniture, its color should have been agreed upon at the stage of execution of the contract. The customer explained:
- there is no such characteristic as color in the items of the catalog of goods, works and usgs;
- at the stage of the purchase, the specific color of the furniture cannot be determined, since it is purchased for the object that is being repaired. The customer will take into account the supplier's palette when approving the color.
The Office of the Federal Antimonopoly Service recognized the complaint as unfounded:
- if someone cannot participate in the procedure, then this is not a reason to take these circumstances into account when describing the object of purchase;
- the main task of Law No. 44-FZ is to identify, based on the results of the purchase, the person who most meets the goal of effective use of finances. The exclusion of those who do not meet it from the circle of participants cannot be considered a restriction on competition;
- the fact that the number of participants was reduced was not proved - there were 4 applications in the purchase. They met her conditions.
In practice, you can find another approach.
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