What losses can a public procurement participant recover if the appeal against the documentation is justified
The participant submitted an application and complained about violations of the documentation. The supervisors confirmed it. The participant appealed to the court to recover the losses.
The customer was charged:
the cost of legal services for drawing up and filing a complaint, as well as for representation in the department;
expenses for a representative in court.
The courts have indicated:
expenses are proved by the contract and payment documents;
the participant's losses depend on the actions of the customer. They would not have arisen without violating Law No. 44-FZ.
Note that if violations of the documentation did not affect the results of the purchase, the courts may not recover damages.
Document:
Resolution of the AC of the Moscow District of 08.02.2021 in the case N A40-316618/2019