Compliance of procurement participants who are members (SRO): the customer's obligation to check the limits
During the review of the competitive procedure for the construction of the school by the regional control authorities, a violation was revealed: the participant was allowed to participate in the auction despite exceeding the maximum limit of obligations established for the second level of responsibility of the SRO.
The customer did not agree with the conclusions of the control authorities, believing that the participant's compliance with the formal requirements for the SRO level should be determined by the participant himself at the time of submitting the application.
The courts supported the position of the supervisors: the necessary information, including data on contributions to compensation funds, is publicly available in the unified register of SRO members and, therefore, can be verified by the customer. The customer had to make sure that the participant's application met the requirements of the documentation and the provisions of the Urban Planning Code of the Russian Federation. The Supreme Court of the Russian Federation also agreed with this legal position.
Recommendations to customers:
- when conducting purchases in which SRO members are participants, it is necessary to verify the compliance of such participants with the established marginal limits on the total amount of obligations. Information for verification should be obtained from the unified register of SRO members.