Only one application meets the conditions of purchase under Law No. 223-FZ — there are no grounds not to conclude a contract

The customer recognized the purchase as failed and announced it anew, since only one application was allowed to participate in the procedure. He established such a right in the procurement regulations and documentation.
The only participant complained that a contract was not concluded with him. The controllers supported him.
The customer explained, among other things: he refused the contract with the participant and announced a new purchase in order to ensure competition.
The courts of three instances supported the controllers:
the contract with the participant should have been signed, since his application met both the mandatory and qualification requirements of the purchase. The latter met the criteria of the competitive procedure. According to its results, the transaction must be concluded even if there is one proper application;
the activity of the customer under the Law N 223-FZ regulates not only the procurement regulations, but also the norms of the Civil Code of the Russian Federation. They do not have the right to withdraw from the contract with the winner. The provision must not contradict the legislation;
the possibility of refusal violates the balance of private and public interests, since it creates illegal advantages for the customer.
The Supreme Court of the Russian Federation did not review the case.
Earlier, the Armed Forces of the Russian Federation has already expressed a similar position.

Document:Definition of the Supreme Court of the Russian Federation of 13.01.2022 N 305-ES21-25983