The customer added up the indicators from the application of the collective participant — the courts found a violation of Law No. 223-FZ
The collective participant complained that when evaluating applications according to the "qualification" criterion, his financial condition was determined incorrectly. We added up the loss indicators without taking into account the share of each of its members. The final figure exceeded 100% Because of this, the participant did not become the winner.
The supervisors reminded: if the participant of the purchase is a group of persons, the documentation requirements must be presented to the entire group in aggregate. At the same time, a violation was found in the actions of the customer.
Three instances supported the controllers:
the procurement documentation provided for the addition of the indicators of the collective participant. However, in this case, the total assessment distorted his real financial condition. The result showed problems that don't really exist;
when evaluating the application of a collective participant, it was necessary to take into account the share (volume) of responsibility under the contract between its members;
the organizer of the auction presented to the supervisors the calculation of the evaluation of applications, in which the indicators were not added up. If it had been applied, the participant would have become the winner.
Recall that the position that when evaluating applications, the indicators of the members of the collective participant need to be summed up, was recently supported by the Armed Forces of the Russian Federation.
Document: Resolution of the Moscow District Administrative Court of 01.06.2022 on the case N A40-161335/21-149-1185