The level of responsibility of the public procurement participant-a member of a self-regulatory organization should correspond to the price of the contract
The customer entered into a state contract for overhaul according to the results of the auction. One of the bidders decided that the auction was won by an organization that did not meet the documentation requirements.
According to the extract from the register of members of the self-regulatory organization, the winner has the first level of responsibility for obligations that may arise from causing harm. In this case, he has the right to conclude a contract at a price not exceeding 60 million rubles, but at the auction he offered a price of more than 62 million rubles.
The courts of first instance and appeal disagreed with the applicant. The right to participate in the procurement cannot depend on the level of responsibility.
The district court disagreed. The winner of the purchase did not meet the requirements of the legislation, so his application had to be rejected. This position was supported by the Supreme court and did not review the case.
Document: Determination of the Supreme court of the Russian Federation of 22.11.2019 N 304-ES19-20718