The winner did not sign the state contract due to an error in the description of the product - there are grounds for the RNP
The winner of the procurement did not send the contract and security to the customer in time, so he was recognized as evading.
The winner explained: he found an error in the description of the goods and refused to sign the contract, because after its identification, the supply of products became unprofitable for him.
The controllers have included the information in the RNP.
The courts upheld this decision:
during the procurement, the winner could complain about the provisions of the documentation with which he does not agree, or ask for clarification. He did not exercise this right;
the winner presented a log of telephonograms to prove that he had informed the customer about the non-conformity of the characteristics. The magazine does not prove this fact, since it is an internal document of the winner. According to Law No. 44-FZ, comments cannot be sent by phone;
noticing a discrepancy in the description of the goods when signing the contract, the winner could send the protocol of disagreements to the customer, but did not.
The RF Armed Forces did not begin to reconsider the case.
Document: Definition of the RF Armed Forces dated 09/27/2021 N 306-ES21-16992