Department of the Federal Antimonopoly Service: according to Law N 223, it is possible not to evaluate the experience from ordinary civil law contracts
The participant complained about the illegal procedure for evaluating applications. According to its terms, the experience was confirmed only by state contracts and contracts under Law N 223.
The inspectors did not see a violation:
- Law N 223 does not regulate the procedure and criteria for evaluating applications. Customers can create their own procurement system based on their needs;
- The regulation on evaluation is applied only in public procurement. According to Law N 223, customers may not take into account ordinary civil law contracts to assess experience.
The Moscow Department of the Federal Antimonopoly Service, in particular, came to similar conclusions.
Document: Decision of the Udmurt Department of the Federal Antimonopoly Service of Russia dated 20.01.2023 N 018/07/3-38/2023