The courts have indicated when a technical failure will be the basis for including information in the RNP under Law n 44-FZ
The winner of the electronic auction did not sign the contract and did not submit its security on time due to a technical failure (damage to the Internet cable line). He was found to have evaded and included information in the RNP. The winner disagreed. He made the following arguments:
• on the last day of the contract signing deadline, there was a failure: there was no Internet connection. Confirmation emails are provided;
• it was technically impossible to use other devices, such as a mobile phone;
• a security guarantee is issued on the same day.
However, the courts did not find any circumstances that would prevent the timely conclusion of the contract. It was noted:
* lack of access to the Internet is not an insurmountable obstacle that prevented the conclusion of the contract. The winner could solve this problem (for example, move the computer to a place where the connection was);
* the signing of the contract is delayed until the last day-this indicates irresponsible behavior;
• obtaining a security guarantee does not confirm good faith;
• when applying for participation in e-procurement, you need to take into account the specifics of the document flow on the site and the risks of adverse consequences if you avoid entering into a contract;
* the winner did not show the degree of care and discretion that was required of them when participating in the auction.
Note that recently in practice, there was an example when under similar circumstances (a failure in the Internet), information about the winner was not included in the RNP.
Document: Resolution as of the West Siberian district of 11.06.2020 on the case N A70-17982/2019