The courts found out whether the executed contract without appendices is suitable for public procurement with additional requirements
The bid of the auction participant with additional requirements was rejected. In support of the experience, among other things, he presented a copy of the executed contract without appendices-schedules for the execution and payment of work.
The customer explained: according to the Law N 44-FZ, the operator must send the supporting documents. When evaluating the experience, the applications were not taken into account, since they were received in the second part of the application from the participant.
The supervisors did not agree with this: if the application does not contain appendices to a copy of the contract, this does not mean that the participant has no experience. In addition, information about the contract is in the register. The customer could also get acquainted with the applications.
The courts supported the antimonopoly authority. The documents are presented in full. If there is a copy of the contract without attachments that do not affect the assessment of experience, then you can not reject the application.
This position is taken, in particular, by the AC of the Ural District, the AC of the Volga-Vyatka District, and the FAS of Russia.
Note that the Ministry of Finance believes otherwise.