Courts: experience in the execution of state contracts as a criterion for evaluating applications limits competition
The procurement participant appealed to the court to invalidate the open tender and the state contract. The main argument is this: one of the criteria for evaluating applications was the experience of performing similar work only under state contracts.
The plaintiff's claims were satisfied. The courts agreed that the customer limited the criterion of "qualification of the bidder". In a preferential position were the subjects that previously performed work for the state budget. Note that in administrative and judicial practice, there is a different approach.
Thus, the Primorye Federal Antimonopoly Service has established that the requirement to have experience in the execution of state contracts does not limit the number of participants in the purchase. It allows you to choose the most qualified and experienced performer.
The AU of the Far Eastern District stressed that the requirement to have experience in the execution of state contracts does not prevent participation in the competition and does not create advantages. Participants without experience can compete with others at the expense of price. The Russian Armed Forces refused to review the case.
Document:
Resolution of the North-Western District Administrative Court of 17.02.2021 in case N A05-5797/2020