Supreme Court of Russian Federatoin: the winner is not considered evader if the customer did not send him a draft state contract

5 March 2018, Monday

According to the materials of the case being considered by the court, after summing up the tender results, the customer did not send the draft contract and a copy of the protocol for reviewing and evaluating bids within the established time period to the winner. In turn, the winner of the competition did not submit to the customer a signed draft contract and documents on its provision. Therefore, the customer recognized the winner as evading the conclusion of the contract.

The Supreme Court of Russian Federatin considered the actions of the customer unlawful. The conclusion of subordinate courts that the winner had the opportunity to independently submit the conditions proposed to him in the draft contract, and the above-mentioned violations of the customer are insignificant, was recognized as erroneous.

The failure of the customer to pay the term of the draft contract and the protocol for reviewing and evaluating applications in accordance with Law No. 44-FZ is a significant violation. It did not allow the winner to get acquainted with the draft contract, sign it and eventually present it to the customer along with enforcement.

Document:

Definition of the Supreme Court of the Russian Federation of 12.02.2018 in the case N A40-2216 / 2016

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