Armed Forces of the Russian Federation: a collective participant confirms the experience under Law No. 223-FZ with the total cost of indicators
The procurement participant appealed the procedure for evaluating the applications of the collective participant according to the criterion of "experience". Individual participants could confirm it with the total value of flawlessly executed contracts on the subject of purchase, but collective participants could not. The largest of the values of the indicators of an individual representative of this participant was taken into account.
The supervisors recognized the complaint as justified:
since the members of the collective participant are jointly and severally liable under the contract, it is necessary to summarize the performance indicators of all persons of such a participant in order to assess the experience;
selective evaluation of indicators violates the balance of private and public interests. It limits the possibility of winning the purchase of collective participants.
The courts came to the same opinion. They reminded: if the participant of the purchase is a group of persons, then the documentation requirements should be presented to the entire group as a whole, and not to its individual representative. The customer must evaluate the collective work experience.
The Russian Armed Forces did not review the case.