The winner of the public procurement made a mistake in the deadline for signing the contract — the RNP may not include it
The winner of the purchase did not send the contract on time and did not provide security for its execution, because he incorrectly determined the last day of the deadline for this.
The antimonopoly authority submitted information to the RNP: the violation was committed due to the improper performance of the responsible employee of the winner of their work duties. This is not a force majeure event.
The courts did not support the supervisors. The winner did not try to evade, as he:
immediately after finding an error in the deadline, I informed the customer about it and made a security for the execution of the contract;
asked to extend the signing period;
annually concluded and successfully executed contracts with a similar subject;
I was the only one who applied for participation in the purchase.
Document:
Decision of the Ninth Arbitration Court of Appeal of 07.12.2020 in case N A40-52749/2020