Courts: the participant of public procurement was rejected legally, as he presented in the application the wrong acts of acceptance
To confirm the experience of construction work, the bidder submitted a set of documents in the application:
contract for capital construction works and contract for construction and installation works;
acts of acceptance of the object finished with construction in the form of KS-11 to the specified agreements;
the permission to input of objects in operation.
The Commission rejected the application of the participant, as it did not have copies of acts of work performed, which contain all the mandatory details and confirm the value of the executed contracts (contracts).
The participant appealed to the court. According to him, the acceptance certificate under the form KS-11 was enough.
The courts disagreed with the participant. Acts of acceptance in the form of KS-11 do not reflect data on the name of the performed works, their quantity and cost. So, they are not primary accounting documents for works in capital construction and cannot confirm experience of the performed works according to requirements of the Resolution N 99. Instead, the participant had to submit acceptance certificates in the form of COP-2.
The Supreme court refused to review the case.
Document: Determination of the Supreme court of the Russian Federation of 05.07.2019 in case N A24-1359/2018