The participant of the public procurement with additional requirements was suspended on formal grounds — the Office of the Federal Antimonopoly Service found a violation
The application for the purchase of design works was rejected for non-compliance with additional requirements. The customer made this decision because the participant submitted, among other things, an act of services rendered instead of an act of work performed to confirm the experience.
The participant objected. The customer was given all the necessary documents, in particular: the contract, the act of services rendered and the positive conclusion of the state examination. At the same time, the name of the disputed act did not change its essence.
The supervisors supported the participant:
• the resolution on additional requirements does not define the specific forms of documents with which participants confirm their experience. This is not a reason to reject applications;
• it followed from the participant's documents that he had the necessary qualifications. He confirmed that he performed work comparable to the object of purchase. The fact that they were called services in the acceptance certificate does not matter;
• the formal approach of the customer limited the number of participants. His actions did not meet the principles and objectives of public procurement.
The Krasnoyarsk Department of the Federal Antimonopoly Service came to similar conclusions. The inspectors noted, among other things: customers should take into account the content of documents regardless of their name.
Document: Decision of the Omsk Department of the Federal Antimonopoly Service of Russia dated 10.07.2023 N 055/06/106-779/2023