FAS: terminated or partially executed contract will confirm experience in construction public procurement
A participant in a construction purchase with additional requirements complained that his application was unreasonably rejected. He provided all the necessary documents and information to confirm the experience.
The customer explained that he was acting legally: the application was terminated by agreement of the parties to the contract. This document does not confirm the experience.
FAS did not agree with the customer: despite the fact that the contract was terminated, work on it was accepted and paid for the minimum amount. This contract confirms the experience.
The Antimonopoly authority also found out that another bid of the participant in this purchase was rejected for a similar reason.
The customer explained: according to information from the EIS, the confirming contract is still under execution and has not been paid in full.
The supervisors did not support it again: the participant submitted all the necessary documents. Among them was an act of work performed for the minimum amount set.
We will remind, earlier FAS explained that the contract confirming experience (contract) must be executed in full.
Document:Decision of the FAS of Russia of 07.09.2020 in case N 20/44/105/1521