The customer, according to Law N 223-FZ, did not conclude an agreement with a single participant - the courts did not find violations
Competitive procurement was recognized as failed, since only one application met its conditions. This right was provided for in the procurement regulations. The tender was re-announced.
The only participant complained that they did not conclude an agreement with him. Controllers supported him.
The courts of three instances took the side of the customer:
the only participant has no one to compete with, since the applications of other participants were rejected. This allows him to keep the price at the same level, which increases the economic costs of the customer;
the rights of the sole participant were not limited, since he can participate in the re-purchase;
there is no fact of cancellation of the purchase or evasion from concluding an agreement with the winner, since according to the provision on the purchase, the tender was declared invalid. The customer planned to re-run it to ensure competition;
according to Law N 223-FZ, it is not necessary to conclude an agreement with a single participant;
Based on the results of the re-purchase, the customer was offered a better price. There were more applications.
Note that recently the RF Armed Forces expressed a different opinion.
Document: Decree of the Arbitration Court of the Volga District dated March 24, 2022 in case N A65-13702 / 2021