It is impossible to reject the application for participation in public procurement if instead of the statement data from the register are presented

17 October 2019, Thursday

The participant's application was rejected due to the fact that information from the register was provided, and not an extract from the register. Management of FAS did not see violations. The participant did not agree with him, because in electronic procedures the statement must be submitted by the operator of the electronic platform.

The courts supported the participant, because the information from the register was enough to identify him.

Note, the purchase took place before the start of the ERUZ, but the example has not lost relevance. Now, together with the second part of the applications of participants accredited in the EIS, operators should not send extracts from the register, and the information received in the order of interdepartmental information interaction. At the same time, the law says exactly about the discharge. Because of this contradiction, customers refuse admission to the purchase. In such a situation, the considered position of the courts can be used as an additional argument in the dispute.

Document: Resolution of the Arbitration court of the far Eastern district of 23.09.2019 in the case of N A73-963/2019

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