Does the customer have the right not to accept subcontracting agreements in order to confirm that the participant has relevant contract execution experience?
According to experts of the antimonopoly department, the establishment by the customer of a provision in the procedure for evaluating applications providing for the acceptance of information for evaluation exclusively under general contract agreements does not contradict the legislation on the contract system in the field of procurement.
In addition, it is emphasized that the type of contract specified in sub-item "d" of paragraph 31 of the Regulation on the Evaluation of Applications for Participation in the Procurement of Goods, Works, Services for State and Municipal Needs (hereinafter referred to as the Regulation), providing for the performance of construction, reconstruction, major repairs, demolition of a capital construction facility, is independent the type of contract, while the possibility of excluding any type of work in determining the evaluation procedure is not provided by the Regulation. Thus, the customer accepts "types of contracts" for evaluation, and not individual contracts providing, for example, for the performance of work exclusively on construction or reconstruction of a capital construction facility, in connection with which, the customer is not entitled to choose certain types of work provided for in sub-paragraph "d" of clause 31 of the Regulations, which will be be accepted for evaluation within the framework of the indicator, as well as its detailed indicators.
Document: Letter from the FAS of Russia dated December 29, 2023 N PI/113129/23
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