ARBITRATION COURT OF MOSCOW SUPPORTED FAS ON INADMISSABILITY OF PROVIDING FALSE INFORMATION FOR PARTICIPATION IN PROCUREMENT
20-07-2023 | 14:15
The company submitted as part of the application for participation in different purchases the same contract, but with a different contract value
Earlier, FAS Russia was approached by the applicant for approval of the conclusion of a contract with the sole supplier, Tandem LLC. This was due to the fact that only one application was submitted for the announced tender for the right to conclude a state contract for the construction of an administrative building.
FAS Russia considered the appeal, conducted an unscheduled inspection and refused the applicant to agree on the conclusion of a contract with the company.
Thus, the authority revealed that the company does not meet the additional requirements for the procurement participant. The potential executor of the contract had to confirm the experience of performing construction work, reconstruction of capital construction facilities in the amount of at least 30 % of the announced contract price, which amounted to 574,996,426 rubles. The company had to submit a contract or agreement for the construction, reconstruction of capital construction projects with a price of not less than 172,000,000 rubles.
To participate in the tender, Tandem LLC submitted a contract for the construction of an apartment building in the amount of 9,999,995,616 rubles as part of the application. However, the company had previously submitted the same contract for the purpose of participating in another tender, but the contract indicated a price of 2,999,999,316 rubles.
Thus, the company presented the same documents in different tenders, differing only in price. FAS Russia concluded that the documents of Tandem LLC are false and fictitious. In this regard, it is not possible to establish whether the company actually has the necessary work experience.
The company did not agree with the ruling of the authority and applied to the Arbitration Court of Moscow with a statement to declare it invalid in terms of providing false information as part of the application.
However, the court upheld the position of FAS Russia and refused the company to satisfy the stated requirements in full.