The Supreme Court of the Russian Federation did not support the state customer, who refused to evaluate the experience under the life cycle contract
The participant of the open competition for the repair of the highway disputed the results of the auction. The customer deprived him of victory because he did not appreciate the experience of working under the life cycle contract for the overhaul and maintenance of the road.
The customer decided that he had acted lawfully. The participant was awarded 0 points according to the "qualification" criterion, since only executed contracts were accepted for evaluation. Although the overhaul had already been completed, the controversial contract was still in force in terms of obligations for the maintenance of the road.
The courts did not agree with the position of the customer:
- the participant's contract had 2 independent subjects: overhaul and maintenance of the road. Each type of work has its own deadlines. The repair was completed completely before the application was submitted, but the competition commission approached the assessment of this experience formally;
- the participant has confirmed that he has the necessary qualifications. The life cycle contract and the acts of work performed on the overhaul should be evaluated as a contract for the repair of highways.
The customer's violations affected the results of the competition, so the bidding and the contract with the winner were declared invalid.
The Supreme Court of the Russian Federation did not review the case.
Document: Ruling of the Supreme Court of the Russian Federation dated 08.04.2024 N 303-ES24-5342.
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