The state contract was not signed on time due to the failure of the electronic signature — the RNP may not include
The winner of the electronic auction did not sign the contract for the supply of equipment and did not provide its security on time due to the failure of the electronic signature (EP). He was found to have evaded and included information in the RNP.
The control body found that the failure of the EP is not the reason that the contract could not be signed on time. The winner could get a new EP within a day, but did not take measures for this.
The court of first instance took a similar position.
The appeal did not agree with this decision, since the winner, among other things, submitted:
- documents that confirm the purchase of goods for delivery under the contract. So he wanted to fulfill his obligations;
- correspondence with the manufacturer of the product about the possibility and timing of installation of the necessary equipment to the equipment under the contract;
- an order that the winner was on a business trip. He did not have the opportunity to quickly replace the EP within the time limit for signing the contract;
- a certificate of inspection of the equipment, which indicates that the EP is out of order and requires replacement at the certification center.
Based on this, the appeal concluded that the winner had taken actions in advance for the upcoming performance of the contract. There was no intention of evading its conclusion. In this case, you can't include it in the RNP.
Document: Decision of the Eighth arbitration court of appeal of 03.09.2020 in the case N A70-2014/2020.