How to evaluate the experience of a construction procurement participant with additional requirements and other explanations of the FAS
The control body has figured out how to evaluate the experience of participants in construction procurement with additional requirements, as well as confirm their integrity in applying anti-dumping measures, and what purchases can be made from a single supplier as part of mobilization training.
How to evaluate the experience of a construction procurement participant with additional requirements
Participants in such purchases must confirm that they have experience in the execution of the contract (contract) for the subject of the purchase in the last 5 years prior to the date of submission of the application. For example, according to item 2 of the additional requirements from Appendix n 1, copies of the executed contract (agreement) and the act (acts) of completed works are required, among other things.
FAS explained what points to pay attention to when considering supporting documents:
the final report of completed works must be signed no earlier than 5 years before the deadline for submitting applications. The confirmation contract itself can be signed earlier, since the date requirements are not set;
it should be clear from the final report that the contract (agreement) has been fully executed;
to calculate the cost of the executed contract (agreement), all acts of work performed must be taken into account, including those signed earlier than 5 years before the deadline for submitting applications.
Other expenses should also be taken into account, such as the cost of delivered equipment, materials, and taxes. Such expenses must be recorded in the act.
What you should pay attention to when applying anti-dumping measures
In some cases, anti-dumping measures are applied to the winner of a tender or auction. For example, they are needed if the winner of a purchase with an NMCC of 15 million rubles or less reduced the initial contract price by 25% or more, or offered the sum of unit prices for goods (work, services) by 25% or more below the initial amount of these prices.
The FAS recalled that in this case, the procurement participant, at its own choice, provides security for the performance of the contract:
one and a half times more than what is set in the documentation;
in the amount specified in the documentation and information about their integrity. It includes information about 3 successfully executed contracts that meet certain requirements.
The control body specified that the information should be in the contract register. If they are not found there, then the winner has not confirmed their good faith. In addition, the contract must be executed in full. This was also indicated by the Ministry of Finance in its explanations.
Earlier, the Ministry also noted that copies of supporting documents do not need to be sent. There is no such requirement in Law No. 44-FZ. It is sufficient to provide information that will allow you to find registry entries in the contract registry.
What can be purchased from a food supplier as part of mobilization training
The customer can make a purchase from the supplier according to clause 3 of part 1 of article 93 of the Law N 44-FZ, if it is carried out for the organization of mobilization training.
The list of mobilization measures is closed. Only works that are performed for mobilization training can be purchased from a single supplier for this reason. Products and services for it need to be purchased in a competitive way.
Document: Review of explanations of legislation on placing orders for state and municipal needs (July 2020).