The courts indicated what to take into account when assessing the responsibility of a state procurement participant-a member of the construction SRO
The bidder for the procurement of design and survey work was rejected. According to an extract from the register of SRO members, he had a second level of responsibility. This gave the right to perform project work under contracts with a maximum (total) amount of obligations not exceeding 50 million rubles. The participant offered a price of 36 million rubles. At the time of summing up the results of the purchase, he was executing several other similar contracts. The amount of obligations, taking into account the price offer, did not correspond to the specified level of responsibility.
The participant disagreed. The supervisors supported him.
The courts took the opposite position:
the customer rightfully rejected the participant's request. If a contract was signed with him, the limit of obligations would be exceeded;
the participant could have increased the level of responsibility, but did not do so;
the supervisors did not justify their position, but limited themselves to referring to their decision in another case.
Document: Decision of the Fifteenth commercial court of appeal of 09.12.2020 in case N A53-20436/2020