Correction of the application for participation in the competition under Law 44-FZ does not always lead to a change in the filing date
Several applications with the same conditions for the execution of the contract were submitted for participation in the open tender. Then the application, which was received first, was amended. However, the customer did not change the date of filing of this application on the date of making changes and the participant who submitted it won. The antimonopoly authority recognized the actions of the customer as a violation of Law No. 44-FZ.
The AС of the Volga-Vyatka District did not agree with the control body. According to the court, the filing date of the application, if it was amended, is the date of submission of the initial package of application documents, and not the date of making changes. Changes are made to the application already submitted and are a part of it. It was also taken into account that the changes made did not concern the terms of execution of the contract.
It is important that the cassation appeal filed by the OFAS refused to be forwarded to the Judicial Collegium for Economic Disputes of the Supreme Court for consideration.
The decision of the AС of the Volga-Vyatka District does not correspond to the established practice. Earlier, some courts, as well as the Ministry of Economic Development and Trade, indicated that the date of submission of the tender application should be considered the date of making the latest changes to it.
Document:
Resolution of the AС of the Volga-Vyatka okrug of 02.11.2017 on the case N A31-1203 / 2017