It is impossible to recover the difference between the offer in the primary public procurement and the price stated in the repeated

25 November 2021, Thursday

The customer determined the winner of the purchase with a price of 4.8 million rubles, but the controllers ordered to cancel its results. The court declared their decision invalid.
The purchase was announced again. Due to the drop in the prices of participants, the winner of the initial purchase significantly reduced his own. The contract with him was signed and executed at a price of 3.4 million rubles.
The winner demanded to recover from the antimonopoly service the difference between the price of the contract, which could be concluded based on the results of the initial purchase, and the value of the contract based on the results of the repeat. After all, it was their fault that losses in the form of lost profits arose.
The court considered that this was legal: if not for the decision of the controllers, the winner could have signed a contract at a price of 4.8 million rubles.
The appeal and cassation took a different position: there
is no causal relationship between the actions of the controllers and the lost profit, since the determination of the contract price is beyond their legal will;
a repeat purchase was announced for the same amount of work and for the former NMCC. The winner felt that he would be able to fulfill it at the offered price. So, no losses were caused to him.
The RF Armed Forces did not review the case.
Document:Definition of the Armed Forces of the Russian Federation from 19.11.2021 N 304-ES21-21248

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