A public procurement participant can collect security for the application with interest if the RNP included illegally the

13 October 2020, Tuesday

Customer refused to enter into a contract with the winner. Information about it was included in the RNP. However, the court in another case recognized this decision of the controllers as illegal.
The winner went to court to recover from the customer unjustified enrichment: securing the application with interest.
The courts supported it: the winner did not evade the conclusion of the contract, so there is no reason to withhold the security payment with interest.
The Supreme court agreed with this conclusion and did not review the case.

Document: Definition of the RF armed forces from 02.10.2020 N 305-ES 20-13404

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