Courts: under Law N 223, you can require a copy of a certificate from the bank confirming the payment of the contract to evaluate the experience
The controllers considered that the requirement for participants to provide, among other things, a copy of the certificate from the bank on settlements under the contracts, which they claimed to confirm the experience, was illegal.
The courts disagreed:
- Law N 223 does not contain exhaustive criteria for evaluating applications. It also lacks a list of acceptable documents to confirm experience;
- the customer has the right to form his own procurement system, depending on the specifics of the activity. This meets the objectives of Law N 223 - to identify the winner, the contract with which will allow the most efficient use of finances and satisfy the needs of the customer;
- for evaluation, contracts, copies of consignment notes, acceptance certificates are usually required. However, this does not mean that other supporting documents cannot be identified. The condition for their presentation should be justified. In this case, a copy of the certificate is needed to exclude falsification of documents and admission to the procurement of participants without experience;
- the disputed requirement is based on the customer's need for high-quality execution of the contract, a qualified counterparty;
- restriction of competition was not proved - 5 applications were submitted for participation in the procurement, 4 of them were admitted;
- the fact that the customer has not installed a sample certificate means that participants can submit it in any form.
A similar position is taken, in particular, by the Arbitration Court of the Moscow District.
Document: Resolution of the Arbitration Court of the Ural District dated 12/22/2022 in case N A07-8948 / 2021