FAS: buying works on maintenance, the state customer has no right to demand from participants of experience

The antimonopoly service has explained: it is impossible to establish additional requirements to procurement participants of works on maintenance. It violates provisions of the Law N 44-FZ.
It is about the requirement to confirm experience of performance of the contract (contract). It is established when purchasing construction works if the initial (maximum) price of the contract (lot price) exceeds 10 million rubles.
FAS has proved the conclusion including a position of the Supreme Court. He last year recognized invalid provisions of the joint letter of the Ministry of Economic Development and FAS which recommended to state customers to impose additional requirements to participants when purchasing works on maintenance.
We will remind, for establishment of the requirements to participants which aren't provided by the legislation on contract system, the official of the state customer is threatened by a penalty. His size makes 1% of NMTsK, but not less than 5 thousand rubles and no more than 30 thousand rubles.
Document: The letter of FAS Russia from 4/4/2017 N RP/21859/17