Cancellation of competitive procurement is possible only on the grounds that are in the Law N 223-FZ

23 July 2021, Friday

The customer eliminated the violations in the purchase at the request of the supervisors and postponed the summing up procedure to another date. However, later he refused to carry it out, since it was necessary to adjust the technical task. He decided to repeat the procedure.
The procurement participant did not agree with this. The controllers did not support it.
In court, the participant demanded: to
recognize him as the winner;
invalidate the customer's refusal to continue the procurement procedure and the decision to re-purchase;
cancel the protocol for summarizing the results of repeated purchases.
The customer explained that he acted legally: in the regulations and documentation on the purchase, there is an opportunity to refuse the procedure at any of the stages without material liability to the participants. In addition, the purchase is a non-competitive non-trading procedure. 
The first instance supported the customer: participation in the purchase does not guarantee the conclusion of the contract, since the procurement regulations have the right to refuse it at any stage.
The appeal partially changed this decision and declared the refusal illegal. The Cassation agreed with this:

procurement methods should not be determined arbitrarily, but taking into account the principles of information openness, equality, fairness, and the absence of unreasonable restrictions on competition among participants;
the announced purchase meets all the criteria of the competitive procedure. According to the Law N 223-FZ, it can be canceled in two cases: before the deadline for submitting applications or after the deadline for canceling the purchase and before the conclusion of the contract under circumstances of force majeure;
the customer illegally established in the regulation the possibility of refusing competitive procurement at any stage. In addition, he provided for the right to terminate the procedure if the best offer does not suit the customer.
Note that in practice there are examples with both a similar and an opposite approach.
Document:      
Resolution of the AC of the Far Eastern District of 30.06.2021 in the case N A51-6038/2020