If the state contract is executed, the court may not recognize it as null and void even if the procurement procedure is violated
The commission of the customer recognized the participant as the winner of the purchase. The contract was concluded, but later the customer decided to abandon it and signed a contract with another participant. The reason for the refusal was the non-compliance of the winner of the purchase with the requirements.
The original winner proved that the conclusions about its non-compliance with the requirements are not justified. The courts agreed that there were no grounds for refusing the contract, but they did not terminate the contract with the other participant, since he had already fulfilled it.
The courts also noted: the applicant, having a signed contract, did not perform the work, the actions of the customer did not appeal in a timely manner.
Document:
Resolution of the 21st AAC of 12.04.2021 in case N A84-1746/2018