The participant will not be included in the RNP if the state customer violated the contract termination procedure
The winner was awarded a contract for restoration work. During its execution, it turned out that the winner does not meet the requirements for participants in the purchase: according to the license from the application, he can perform 1 type of work out of 9 that are provided for in the contract.
The customer made a decision on the unilateral refusal of execution of the contract. Information about the winner was included in the RNP.
The court of first instance recognized this decision as lawful. The appeal and cassation did not agree with it on the following grounds:
- you can enter information in the RNP if the bidder evaded the conclusion of the contract or significantly violated its terms. This did not happen in this case;
- the customer violated the contract termination procedure: he did it ahead of time. He made a mistake in the date of its termination, because he did not take into account the provisions of the civil code of the Russian Federation on the end of the term on a non-working day.
Note that in law enforcement practice, there is an example where a violation of the contract termination procedure did not affect the decision of the courts to include information in the RNP.
Document:
Resolution of the AC of the Volga-Vyatka district of 12.08.2020 on the case N A43-47645/2019