FAS ISSUED GUIDELINES ON THE APPLICATION OF CONTRACT SYSTEM LAW

The Deputy Head of FAS, Peter Ivanov, presented the explanation to the Regional Offices of FAS in the online format.

The Rules on the evaluation of applications* provide for special requirements for the criteria of evaluation the qualifications of a procurement participant and confirming the experience of performing construction, reconstruction, overhaul, demolition of a capital construction facility (including a linear facility).

In accordance with the Rules, one or more evaluation indicators are established in the procurement documentation: the total cost, the number of executed contracts, as well as the highest price of one of them.

FAS draws attention to the characteristics that customers are not entitled to require being present in contracts, which confirm the participant's experience in the field of construction. These include:

- requirements for the minimum cost of executed contracts (treaties) confirming the availability of experience;

- requirements for the provision of contracts without the presentation of penalties.

Moreover, the schedule of work and project documentation are not the confirmation of the execution of contract. If they are not present in the application, this does not indicate the lack of the required experience.

The acting Head of the Department of Control of the Placement of State Orders and State Defense Orders of FAS, Olga Gorbacheva, outlined the key explanations for the expert community at the All-Russian Final Conference on Public Procurement.

Ms. Gorbacheva noted that the document aims at solving existing problems when considering complaints.

In her speech, Olga Gorbacheva stressed that accepting only state contracts concluded in accordance with 44-FZ** for evaluation as an experience of execution does not comply with the Rules for Evaluating applications.

They also do not comply with the Rules of the situation when customers indicate in the document that only contracts under which construction work was carried out on an object with a certain infrastructure affiliation, for example, for general education or other needs, will be accepted for evaluation.

FAS additionally notes that it is advisable to assess the availability of experience in the construction, reconstruction, overhaul and demolition of capital construction facilities over the past 5 years before the deadline for submitting applications for participation in the relevant procurement.

*Paragraphs 27(2), 27(3) of the Decree of the Government of the Russian Federation of 28.11.2013 № 1085 “On Approval of the Rules for Evaluating Applications, Final Proposals of Participants in the Procurement of Goods, Works, Services for State and Municipal Needs”

**Federal Law № 44-FZ of 05.04.2013 “On the Contract System in the Field of Procurement of Goods, Works, Services for State and Municipal Needs”