Courts: the state customer may limit the subject of contracts with which the participants will confirm the experience
A participant in the purchase of works on the repair of highways disputed the results of the auction. The customer deprived him of victory, because he did not add points for contracts for the maintenance of roads, although according to the evaluation regulations these works are comparable.
Three instances did not support the participant:
according to the terms of the purchase, only contracts for construction, reconstruction, repair, including capital, and life cycle contracts were accepted for evaluation. Their species were legally restricted. They were more in line with the subject of the future transaction;
maintenance contracts were not suitable, as they did not confirm the repair experience. They were rejected reasonably;
the customer may establish a requirement for the subject of the evaluated contracts. The purpose of the evaluation is to choose someone who will meet the needs of the customer and the specifics of the object of purchase.
The Supreme Court of the Russian Federation has not reviewed the case.
It should be noted that, according to the Nizhny Novgorod and Tatarstan Departments of the Federal Antimonopoly Service, it is impossible to narrow the subject of contracts that participants can submit for experience assessment.
Document: Ruling of the Supreme Court of the Russian Federation of 12.04.2023 N 301-ЭС23-3442