Court: the deadline for signing the state contract by the winner is extended for the time of consideration of the complaint
The price of the drug from the VED in the draft contract exceeded the maximum selling price, so the winner asked to reduce it through the protocol of disagreement. The customer refused and offered to do it later by agreement of the parties, since it is possible to reduce the price only when the contract is executed.
The winner did not sign the document and complained to the controllers, but they did not support him. The customer recognized him as evading.
Two instances considered that the customer did the right thing:
the contract was not signed on time, the security was not made. Filing a complaint did not interfere with this. For the time of its consideration, only the actions of the customer are suspended;
if the document had been signed in a controversial version, it would not have been an agreement to its terms. The customer would change them if there were violations;
according to the Law No. 44-FZ, it is impossible to change the price at the stage of concluding a contract. The winner ignored the customer's offer to do this during the execution.
The cassation decided otherwise:
conclusion of the contract — mutual actions of the parties. At the time of consideration of the complaint, the deadline for signing the contract by the winner is also extended. A different interpretation of the law is incorrect, since it creates formal grounds to recognize it as deviated;
the request to suspend the conclusion of the contract is sent only to the customer, since it is he who completes the purchase. This does not limit the participants' right to protection. The customer should not have made a controversial decision.
Earlier, a similar position was expressed by the Armed Forces of the Russian Federation. Note that in practice there is another opinion.
Document: Resolution of the Moscow District Administrative Court of 13.07.2022 on the case N A40-155381/2021