UFAS: when assessing the responsibility of a member of the SRO, other state contracts for the performance are not taken into account
The bid of the construction procurement participant was rejected. In an extract from the register of SRO members, he had the 2nd level of responsibility. This gave the right to work under contracts with a maximum (aggregate) amount of obligations not exceeding 500 million rubles. The participant offered a price of 243 million rubles.
At the time of summing up the results of the purchase, he was executing several more similar contracts. The amount of obligations, taking into account the price offer, did not meet the specified level of responsibility.
The supervisors did not agree with the decision to reject the application:
the customer is not obliged to check the total amount of the obligations of the procurement participant. This is done by the SRO commission;
The GRC of the Russian Federation does not allow customers to control how SRO members comply with urban planning rules;
Law No. 44-FZ does not require calculating the total amount of obligations in order to make a decision on admission to the purchase;
when submitting an application and summing up the results, it is enough for the participant to be a member of the SRO. If necessary, the amount of the contribution can be increased before the conclusion of the contract;
the participant submitted all the necessary documents and information. There are no grounds to reject his application.
Note that in practice there is another opinion.
Document:Decision of the Primorsky Federal Antimonopoly Service of Russia dated 03.12.2021 N 025/06/69-1514/2021