The Federal Antimonopoly Service considered it superfluous to require documents on payment for the contract to assess experience under Law N 223
The participant in the procurement of services complained that the contract was not taken into account to evaluate his experience.
As the customer explained, he did everything right:
- under the terms of the procurement, among other things, it was necessary to submit a payment order under the contract to confirm the experience with the seal of the bank and the signature of its authorized employee;
- the participant submitted a document, but without the seal and signature of the bank employee. Because of this, the contract for the evaluation of experience was not taken into account.
The inspectors decided that the requirement to submit a payment document was superfluous. Experience in the subject of procurement and the price of services under the contract can be determined by the act of their acceptance. The participant's agreement should have been accepted.
It should be noted that earlier the Federal Antimonopoly Service already came to a similar opinion when appealing the procedure for evaluating applications with such a requirement. The procurement condition on the submission of payment documents limits competition: a participant with experience in providing services that have accepted but not yet paid cannot take part in the procurement.
Document: Decision of the Federal Antimonopoly Service of Russia dated September 28, 2022 N 223FZ-384/22