According to the Law No. 223-FZ, the customer must make sure that the participant has agreed to perform the contract
The customer required consent to fulfill the contract. It gave participants the opportunity to do this in two ways: in the form of a separate document or using the electronic platform interface (EP).
One of the participants used the EP interface, but his application was rejected. The consent was not displayed due to a failure on the EP. The participant considered it illegal, but the supervisors did not support it:
there was no consent when considering the application;
In Law No. 223-FZ and the procurement regulations, there is no obligation to find out from the EP operator whether consent has been submitted or not. In addition, the above-mentioned Law prohibits negotiations between the customer, the operator and the procurement participant, if such negotiations give advantages or disclose confidential information.
The courts did not agree with this decision: the
EP operator confirmed that the consent was submitted as part of the application, but the customer could not see it due to a failure on the site. However, this is not a reason to believe that there is no agreement;
participants could give their consent in one of two ways at their discretion. There are no special requirements for it in the procurement documents. The customer had to check whether the consent was submitted via the EP interface. To do this, he could request data from the EP operator. The ban on negotiations is not violated, since the request does not give advantages in the purchase. As a result, it does not disclose confidential information, but ensures competition.
Document:
Resolution of the AC of the North-Western District of 28.04.2021 in case N A21-3939/2020