Department of the Federal Antimonopoly Service: an agreement with the status "on execution" can confirm experience in public procurement with additional requirements
The customer purchased maintenance works and established additional requirements. The participant's application was rejected, since the submitted contract with acts of work performed had the status of "execution" in the Unified Information System. According to additional requirements, experience will confirm only the executed contract.
Controllers did not agree with the customer:
- the absence of information on the execution of the contract in the register in the Unified Information System at the time of consideration of the application does not mean that it was not fulfilled. Information in the register must be placed by the customer. The possibility of participation in the procurement cannot depend on his actions;
- the status "execution is completed" is assigned only after full payment under the contract. The presence of the "execution" status does not mean that the counterparty did not execute the transaction;
- it is impossible to take into account information from the register without analyzing the documents that were drawn up during the execution of the transaction. The participant presented them and confirmed the experience.
A similar position is taken, in particular, by the Kaluga Department of the Federal Antimonopoly Service.
The Belgorod Department of the Federal Antimonopoly Service supported the customer, who rejected the participant's application, since the contract was at the "execution" stage.