The effect of an extract from the register of self-regulatory organizations must be determined by the date of application, and not the beginning of procedures
An extract from the register of self-regulatory organizations should be accepted if the document is relevant on the date when the participant submits an application. On the day of the procedure is not necessary to navigate. The conclusion follows from the decision of the regional office of FAS.
The customer conducted a competitive procedure under the Law № 44-FZ. The documentation required to provide an extract from the register of self-regulatory organizations, which is valid on the date of application. The participant provided a document relevant to the date of commencement of the procedure. At the same time by the time of application the statement has expired. The customer rejected the application.
The participant complained to the FAS and said: Law No. 44-FZ does not require that an extract from the register of self-regulatory organizations was relevant on the date of application. However, the controller sided with the customer. The participant did not apply at the start of the procedures, when the statement was still valid, but on the penultimate day, when the document has already expired. The complaint was declared unfounded.
Document: decision of the Omsk Department of the Federal Antimonopoly service of 08.10.2018 No. 03-10.1/312-2018