The FAS suggested when it is impossible to reject the application of a public procurement participant for non-compliance with additional requirements
The customer conducted an auction with additional requirements. The bidder's application was rejected: the accreditation documents from the operator of the electronic platform did not contain a copy of the executed contract (contract) for the required amount. The participant included it in the second part of the application.
The customer explained: according to the Law N 44-FZ, the operator must send the supporting documents. When evaluating the experience, the copy of the contract was not taken into account, since it was received in the second part of the application from the participant.
The supervisors considered this a violation. The documents are presented in full, they should have been considered. The application was rejected illegally.
Note, some competition authorities in similar circumstances pointed out that to evaluate an application meets the requirements of the documentation you need on set of documents and information from the operator and the participant.
Document: Analysis of the practice of conducting unscheduled inspections of customers when making purchases for compliance with the requirements of Law No. 44-FZ (November 2020)