The Supreme Court explained the extent to which the customer under Law N 223-FZ can withhold the security of the application
The RF Supreme Court in Point 12 of the Review indicated that the right of the customer specified in the documentation to withhold the security of the application, if the participant violates the terms of participation in the procurement, is a liability measure. You can apply it, for example, if the participant provides knowingly untrustworthy information.
The customer in this case should be put in the position in which he would be, if he did not enter into negotiations with the dishonest participant. For example, it can be reimbursed for the costs associated with preparing for the conclusion of the contract.
In other words, the amount of collateral held by the customer must be compensatory and be commensurate with the losses caused by the dishonest bidder.
Document:
Review of judicial practice on issues related to the application of Law No. 223-FZ (approved by the Presidium of the RF Supreme Council on May 16, 2018)