The FAS explained how to confirm the participant's compliance with additional requirements
The Agency told what documents can be accepted from procurement participants to confirm compliance with the requirements of Resolution No. 2571.
The letter answered three controversial questions that customers have in dealing with additional requirements.
Is the customer/participant entitled to confirm compliance with additional requirements with documents in the form of an appendix to the application?
No, the customer's commission does not have the right to accept documents that the participant has independently attached to the application to confirm compliance with additional requirements. Such documents are transmitted to the customer only by the operator of the electronic platform (clause 3, part 6, Article 42 of Law No. 44-FZ).
Is the customer/participant entitled to confirm the construction experience with a subcontract?
No, the commission does not have the right to accept contracts under which the participant fulfilled obligations as a subcontractor. Such contracts cannot confirm the experience in the construction or reconstruction of a capital construction facility.
Does the customer/participant have the right to confirm compliance with additional requirements with an agreement or contract with the status "Execution" in the EIS?
Yes, the commission has the right to accept a contract or an agreement with the status of "Execution" to confirm compliance with additional requirements. If another customer has not posted information about the execution in the EIS and has not transferred the contract or contract to the status "Execution completed", this does not mean that the participant has no experience in performing the work. The main thing is that the participant has all the required documents posted in the ERUZ, according to resolution No. 2571.
Document: Letter of the Federal Antimonopoly Service dated 11.01.2024 No. MSH/875/24
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