The courts have found out which acts of acceptance will confirm the experience in construction public procurement with additional requirements
The application of the participant in the construction public procurement with additional requirements was rejected. In support of his experience, he provided, among other things, a copy of the acceptance certificate for completed works. According to the decree on additional requirements, a copy of the certificate of completion with all the required details is required.
The controllers did not agree with this: the submitted act contains all the necessary details and information. The amount of work performed is more than 20% of the NMCK. The participant meets the additional requirements.
The courts upheld this decision: the delivery of the work result to the customer is the basis for payment. Although acts of completion are most common in civil document flow, this is not the only way to prove that the work has been done.
In addition, the courts took into account the explanation of the FAS. Among other things, it states: in the resolution on additional requirements there is no condition on the form and procedure for drawing up documents to confirm experience. Failure to comply with the form or order cannot serve as a basis for refusing admission to participate in the procurement.
The RF Armed Forces did not begin to reconsider the case.
Document: Definition of the RF Armed Forces dated 09/27/2021 N 308-ES21-16257