This refusal affects the rights of the customer and may lead to a breach of competition.
The Supreme Court said that, If an unfair company will continue to participate in procurement, the customer will not be able to achieve the set results with optimal costs. It was observed that budgetary funds will be used inefficiently at the same time.
The explanation of Supreme Court of Russian Federation is especially interesting because the Law № 44-FZ does not mention such a right of the customer.
Document: Review of the practice of applying legislation on the contract system, approved by the Presidium of the Russian Federation Supreme Court on June 28, 2017.