⚖️ The courts upheld a participant who was excluded from a procurement with additional requirements for a lack of documents
A construction procurement notice set additional requirements for experience at a linear facility. The bidder confirmed its qualification with a contract, KS-2, KS-3 and a completion certificate.
The customer rejected the bid for an incomplete set of documents. It did not contain acceptance certificates of the completed construction of the facility, which are named in the resolution on additional requirements. These are, in particular, KS-11 and KS-14.
The controllers and courts did not support the customer:
● When executing the contract, which was submitted by the participant, only KS-2, KS-3 and an act on the completion of work were drawn up. All documents were attached to the application;
● it is not obligatory to use forms KS-11 and KS-14. The parties agreed that they would not prepare them;
● the decree on additional requirements lists only possible variants of acceptance acts. This list is not closed.
The Supreme Court of the Russian Federation refused to review the case.
Note that there is another opinion in practice (see Decision of the Novosibirsk UFAS of Russia dated 28.08.2023 N 054/06/48-1705/2023).