Ensure that the application is transferred to the budget despite the same violations under Law n 44-FZ
The organization has applied for participation in 3 auctions. They were rejected for the second part: documents confirming the participant's compliance with additional requirements were not provided. For the third application, the platform did not unblock the funds deposited as collateral.
The bidder did not agree with this: the violations were the same and could not be considered systematic.
However, the control body and the courts did not support it: the law provides for the fact that the second parts of applications are rejected three times during the quarter on the same site. The identity of the violations does not matter.
Note that in law enforcement practice, there is an example when a participant did not lose security by making the same mistake in three applications at the same time.
Document: Resolution of the AC of the Moscow district of 02.07.2020 in the case N A40-225786/19-93-1863