Courts: the manufacturer stopped deliveries after February 24 — there are no grounds not to sign the state contract
The winner did not sign the contract on time and did not provide collateral, because the manufacturer stopped deliveries due to the political and economic situation. The customer recognized him as evading. The information was included in the RNP.
The courts upheld the decision:
the impossibility of delivery by the manufacturer does not release the winner from liability. The presence of other obstacles has not been proven;
the contract should have been signed on time. The issue of its suspension due to critical circumstances had to be resolved at the execution stage. This possibility was provided for in the contract;
the winner is a professional in the field of entrepreneurship. He bears the risk of consequences due to the commission or non-performance of legally significant actions. In this case, he did not show care and prudence to fulfill his obligations.
In practice, there is an example when, in a similar situation, information was not included in the RNP, since the winner made a provision and confirmed the impossibility of delivery by letters from manufacturers.
Document: Resolution of the 9th AAC of 09/20/2022 on the case N A40-92695/2022