The requirement for the minimum price and the deadline for the execution of the contract to assess the experience in public procurement is illegal

27 July 2021, Tuesday

To assess the qualification of the participants of the tender according to the "experience" indicator, the customer required to submit copies of contracts or contracts on the subject of procurement that were successfully executed in the period from January 1, 2018 until the deadline for submitting applications (hereinafter referred to as contracts). The cost of each of them must be at least 100% of the NMCC.
One of the participants complained that the customer had incorrectly established the procedure for evaluating applications.
The supervisors agreed with this:
the requirement for the minimum contract price is illegal, since it does not allow us to identify the best contract performance condition and objectively compare the proposals of the bidders;
the condition that copies of contracts that are executed in the period from January 1, 2018 to the deadline for submitting applications are accepted for evaluation may limit procurement participants with experience in executing contracts earlier than the specified period.
In practice, there are examples with both a similar and an opposite approach.
Document:      
The decision of the FAS of Russia of 01.06.2021 in the case N 21/44/105/863

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