A public procurement participant will not be included in the RNP if the customer wrongfully failed to take into account the Protocol of disagreements
The customer placed the draft of the state contract in the EIS. The winner of the purchase submitted a Protocol of disagreement in response with the following comments:
the name of the winner is indicated with a typo;
the customer did not take into account that the winner works on the USN;
the contract is filled out without taking into account the participant's request.
The customer took into account all comments, except for the indication of a typo in the name of the winner of the purchase. The organization did not sign the contract with an error. When the deadline for signing the contract expired, the customer sent information to the control body about the inclusion of the winner of the purchase in the RNP.
The Federal Antimonopoly service found no signs of bad faith in the organization's actions and did not include information about it in the register, but considered the customer to have violated part 5 of article 83.2 of Law No. 44-FZ.
The customer tried to appeal this decision, but the courts supported the control body. Note that in practice, there is another example of a situation where the courts were against the inclusion in the RNP of a participant who did not sign a contract drawn up without taking into account the Protocol of disagreements. Even the fact that the participant wanted to correct the mistakes made in the application using the Protocol did not become a hindrance.
Document: Resolution of the AC of the Moscow district of 13.10.2020 on the case N A40-256373/2019