Specify the reasons for rejection of applications in the procurement protocols under the Law N 223-FZ
The Commission rejected the application for non-compliance with the requirements of the documentation, but did not specify a specific reason in the Protocol. The participant challenged this decision in the Antimonopoly authority.
The customer explained that the participant did not provide the license that was needed under the terms of the documentation. However, the Commission is not obliged to indicate this information in the Protocol, as there is no such requirement in the procurement Regulation.
Moscow UFAS did not agree with such arguments. The Commission's actions violate the principle of information openness. In the protocols it is necessary to specify detailed information on the reasons of rejection of applications, and also on results of their assessment. Otherwise, participants will not be able to challenge the Commission's decisions on the merits.
Document: Decision of the Moscow UFAS of Russia of 28.01.2019 in case N 1-00-147/77-19