Presentment of subcontractor license is not base for rejection of the application

Customer set to the participants of procurement requirement for a license to perform activities related to the use of information which constitutes a state secret. One of the participants presented as part of the application a copy of a license issued by a third party, as well as a contract in which the person agrees to act as a subcontractor of the participant. Customer are rejected the request. The competition authority admitted his actions in violation of the Federal Law of 05.04.2013 N 44-FL, the customer with the decision disagreed and appealed to the court.

Arbitration Court upheld the decision of the competition authority in power and pointed out that the party submitting the third party license and cooperation agreement with it, have the necessary rights to perform the contract without infringement.