FAS explained how to set requirements for participants in the procurement of construction works and how to check compliance with them
The specialists of the Federal Antimonopoly Service of Russia indicated that the customer should establish a requirement for the procurement participants to have membership in the SRO, the scope of regulation of which correlates with the result of the work that is the object of the purchase, and also gave examples of establishing such a requirement in various cases.
The letter also explains that the customer does not establish the requirement for a document confirming the participant's membership in the SRO, and the participant does not submit a supporting document in the application. The Procurement Commission independently verifies information about the procurement participant in the unified register of information about SRO members and their obligations (hereinafter referred to as the Register), which is available on the Internet. In the absence of such information in the Register, the participant's application is rejected due to the participant's non-compliance with the requirements established in accordance with paragraph 1 of Part 1 of Article 31 of Law No. 44-FZ.
In addition, representatives of the FAS of Russia drew attention to the fact that the procurement commission should check the levels of responsibility of the participant in the relevant compensation funds of the SRO after receiving from the operator of the electronic platform (including specialized) information about the price offers of the procurement participants. When conducting an electronic tender, such verification is carried out during the summing up of the results of determining the counterparty, when conducting an electronic auction - during the consideration of applications. It was also noted that when considering applications, the procurement commission is guided by the information on the amount of the contribution to the compensation fund for contractual obligations placed in the Register.
Document: Letter of the Federal Antimonopoly Service of Russia dated July 11, 2023 N MSH/54828/23