The court decided that the evaluation of applications based on the presence of employees in the participant's staff violates Law No. 223-FL
The court decided that the evaluation of applications based on the presence of employees in the participant's staff violates Law No. 223-FL
The customer purchased cleaning services. To evaluate applications according to the criterion "quality of services and qualifications of the participant", he took into account, among other things, the presence of a certain number of competent specialists in the participant's staff.
The inspectors and the courts considered such a requirement illegal:
the fact that the participant does not have the necessary staff at the time of submitting the application does not affect the quality of the contract execution. The customer has not proved why to make this requirement at this stage. In case of victory, the participant can attract employees after summing up the purchase results;
the disputed requirement imposes additional financial obligations to participate in the purchase. It restricts competition and prevents anyone who engages employees under civil law contracts from getting points. The presence of specialists in the contractor's staff also does not affect the quality of contract performance.
In practice, you can find a different opinion.
Document: Resolution of the 9th Arbitration Court of Appeal dated 05/24/2024 in case No. A40-282179/2023.
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