Working on errors: what problems were identified by the FAS during inspections of state customers in June 2020
The FAS specified, in particular, what criteria should not be set for evaluating the quality of goods, which contract terms are considered unnecessary, and when they are illegally not allowed to purchase.
We used a criterion that restricts competition
The customer held a competition for the supply of food. The following procedure was established in the procurement documents to evaluate the application based on the "product quality" indicator:
- "if the participant of the competition has a valid voluntary "certificate of conformity" of the GOST R certification system issued by the certification body for products and services, 20/0 points, respectively";
- "if the participant of the competition for the product included in the competition has a valid "certificate of conformity" of the system of voluntary certification "This Vologda product", issued by the certification body for products and services, — 80/0 points, respectively."
The control body considered this a violation. He noted that the use of criteria that give an advantage to products produced in a certain territory may lead to restrictions on competition. The presence of a regional quality mark on a product does not guarantee that it is better.
They demanded extra from the participants
The customer purchased construction work. The bidder complained, among other things, that the draft contract established a requirement that the contractor must agree with the customer on the types and amounts of work to be performed independently, without involving other persons.
The control body considered this a violation. At the legislative level, this obligation is not provided for. Note that a similar approach is found in judicial practice.
The purchasing participant also complained that the customer did not place the draft estimate in the documentation. After all, in his opinion, this obligation is established in the methodology for making estimates of "construction" contracts.
The control body did not support it: the draft estimate of the contract is the estimate for the performance of work, placed in the EIS as part of the project documentation. You do not need to send the draft estimate.
Note that the FAS has previously held a similar position.
Illegally not allowed to purchase
The customer purchased maintenance work. In them consisted of and products. The participant was not allowed to purchase due to the fact that he provided specific indicators of the product that did not correspond to the documentation.
The monitoring body noted the following. The customer demanded specific indicators of the goods used (and not delivered) in the performance of work, which is illegal. In this case, the participants ' consent was sufficient.
The FAS also noted that the refusal to allow participation in the procurement based on illegal documentation requirements is recognized as illegal.
Documents:
Analysis of the practice of conducting unscheduled inspections of customers ' actions during procurement for compliance with the requirements of Law n 44-FZ (June 2020)
Review of complaints handling practices in procurement under Law n 44-FZ (June 2020)