Ministry of Finance: experience in construction public procurement with additional requirements is confirmed only by the data of the participant
Participants in some public procurement with additional requirements, such as construction, must document their experience. For this purpose, among other things, a copy of the executed contract (agreement) is provided. The agency clarified: it must be concluded and executed by the procurement participant himself. The documents must confirm exactly his experience.
Recall that a similar position is held by some antimonopoly authorities and courts. So, the FAS in one of the decisions indicated: it is impossible to confirm the experience of the executed contract for subcontracting. Documents must be issued by the procurement participant (see also the decision of Vladimir UFAS, the decision as Ural).
However, there is another opinion: the legislation on the contract system does not oblige participants to confirm their work experience only with general contract contracts (see the resolution of the West Siberian District AC). The AC of the East Siberian District indicated that the inspectors decided that the experience was not confirmed, since the work was performed under a subcontract. But they did not compare the type and scope of work on it with the subject of the purchase. The court considered that the experience was confirmed, and the approach of the supervisors and the customer was formal.
Document: Letter of the Ministry of Finance of the Russian Federation dated 03.12.2020 N 24-05-05/105842