The court recalled that when a state procurement participant can return the security of an application
The participant simultaneously submitted several applications for participation in electronic auctions. The customer rejected four of them because of identical deficiencies. Under Law No. 44-FZ, the operator of the electronic site transferred to him the amount of security for the last application.
The AC of the Far Eastern Okrug indicated that in this situation, withholding money is illegal. The participant could not know about the violations committed, until all applications were considered. He could not eliminate the shortcomings, because the customer reviewed the applications in one day. There was no indication of systematic violations in the actions of the participant. Thus, a single violation can not lead to negative consequences.
In taking the decision, the court relied on a similar position of the RF Supreme Court.
Document:
Resolution of the AC of the Far Eastern District of 09/04/2018 on the case N A24-4340 / 2017