The Armed Forces of the Russian Federation confirmed: the director's business trip is not a reason not to sign a state contract on time
The customer recognized the winner of the electronic request for quotations as evaded, because he did not sign the contract on time. The controllers included the information in the RNP.
The court of first instance and the appeal considered their decision illegal:
- on the day when it became known about the placement of the contract, it was not signed, since the notification was received outside working hours;
- on the last day allotted for signing, the director – the person authorized to conclude the transaction – was on a business trip. This was confirmed by internal documents. He does not transfer the right to sign to other persons.
Cassation took a different position:
- the inclusion of information in the RNP is a sanction for unfair behavior;
- when submitting an application, the participant must take into account the adverse consequences if he violates Law No. 44-FZ (for example, breaks the contract).
The Armed Forces of the Russian Federation agreed that inclusion in the RNP is legal: the winner did not take all measures to conclude a contract. This created conditions under which the customer could not
achieve the result of the purchase with minimal costs.
The case was not reviewed.
Note that in practice there is an example when, under similar circumstances, information was not included in the register.
Document: Definition of the Armed Forces of the Russian Federation from 30.06.2022 N 305-ES22-9441