The winner of the public procurement must make sure that the security of the contract has been credited to the customer's account
The winner of the purchase signed the contract on the last day and attached a payment order for the amount of the security. After 2 days, he informed the customer that in the near future he would change the method of collateral to a bank guarantee.
The customer recognized the winner as having evaded the conclusion of the contract: the money was not credited to the account. There is no security. The information was included in the RNP.
The winner explained that he did not want to evade. The contract was signed, the security was paid. The supervisors and the courts did not support it:
the payment order does not contain a note about the dates of receipt of money to the winner's bank and the debiting of funds from his account. The document status is " in processing";
the bank guarantee was received after the deadline for signing the contract. This does not justify the winner;
due to the failure of the contract, the customer had to make a second purchase. For this reason, the terms of work have shifted.
Inclusion in the RNP is legal: the winner behaved carelessly and did not show care when concluding the contract.
Document:
Resolution of the 9th AAC of 05.04.2021 in case N A40-186194/2020