Can I confirm the construction experience in public procurement if the amount in the acts is less than the contract price
The customer conducted an electronic auction with additional requirements. The application of one of the participants was rejected. The acts submitted by him confirmed the performance of work only for a part of the contract amount. In addition, in the UIS, the contract had the status of "Execution". The FAS recognized the commission's decision as illegal, the court supported the controllers.
There were no grounds for rejecting the application, since the certificates indicated that the work was performed for an amount that was more than 20% of the NMC of the disputed purchase. The difference between the amount in the acts and the price of the contract is explained by the fact that its subject was not only the CMP. The contractor also undertook to develop working documentation. Acts of performance of this obligation do not confirm the construction experience.
It should be noted that the Supreme Court of the Russian Federation came to a similar conclusion: it is not necessary to confirm the full performance of the contract, if there are acts for the amount necessary to participate in the purchase. However, some supervisors take the opposite position.
Document: The
decision of the AC of Moscow of 10.12.2020 in the case N A40-171896/20-2-852