The inspectors decided: a contract with the status "on execution" is not suitable for public procurement with additional requirements
The bidder's request for catering was rejected for non-compliance with additional requirements: the price of the confirming contract was less than 20% of the NMCC.
The participant considered it illegal, since he submitted 2 contracts, which in total exceeded the established minimum.
The controllers did not support him:
- the experience can be confirmed by a single contract with a price of at least 20% of the NMCC, and not by a combination of prices for several contracts;
- the price of one of the contracts did not meet the minimum;
- the price of another contract was suitable, but in the EIS it had the status of "on execution". According to additional requirements, experience will confirm only the executed contract.
In particular, the Yakut and Stavropol UFAS came to the conclusion that it is impossible to assess the experience by the amount of contract prices.
Primorsky UFAS expressed the opinion that only the contract with the status "execution completed" will confirm the experience. Novosibirsk UFAS did not support the customer, who rejected the participant's application, since the contract did not have such a status. The supervisors pointed out that there is no requirement in the legislation that the contract has the status of "execution completed". Compliance with additional requirements is determined by the actual fulfillment of obligations and the availability of acceptance certificates.
Document: Decision of the Arkhangelsk Federal Antimonopoly Service of Russia dated 05.07.2022 N 029/06/49-588/2022