The experience of a construction public procurement participant with additional requirements cannot be confirmed by a sub contract
A participant in a construction procurement with additional requirements complained that his application was rejected improperly. It did not include a copy of the commissioning permit.
The Supervisory authority found the complaint unfounded. The participant confirmed the experience with the executed contract for the performance of a complex of construction works concluded between him and a third party. However, it did not provide a copy of the commissioning permit, as the work was subcontracted (as part of the construction of a large facility). However, the supporting documents must be issued in respect of the bidder, and not a third party. You can't confirm your experience with a completed sub-contract.
The FAS of Russia has previously taken a similar position. Compliance with additional requirements can only be confirmed by General contractor contracts (agreements). The same conclusion is reflected in law enforcement practice (The decision of the FAS of Russia, the Decision of the Vologda UFAS, The decision of the AC of the Ural district).
However, there is a contrary opinion: the legislation on the contract system does not oblige participants to confirm their work experience exclusively with General Contracting contracts. It does not matter in what capacity the procurement participant acts (The definition of the armed forces of the Russian Federation, The decision of the Udmurt UFAS).
Recall that the government recently approved new rules for public procurement of construction.
Document:Decision of the FAS of Russia from 08.05.2020 in the case N 20/44/105/805