Valid reasons for missing the deadline for signing a state contract: practical examples for 2021-2022.
The winner who did not sign a contract or did not do it on time can get into the RNP. We will tell you whether he is recognized as having evaded, if the reason is sanctions, an employee's illness, a technical failure. Read about these and other situations in our review.
1. Imposed sanctions
Contractors often do not sign contracts because of sanctions. So, the Sverdlovsk UFAS did not include information in the RNP, because the winner:
• received a letter from the manufacturer that the product has risen in price due to sanctions. He could not buy it in the same volumes, but under new conditions;
• provided letters to 14 more manufacturers with information that the prices of the goods have increased.
We didn't find any reasons to add it to the registry either:
• Tula UFAS. It took into account that the winner submitted explanations and letters from manufacturers about the suspension of supplies and the rise in price of goods;
• Komi UFAS. Among other things, we took into account similar explanations of the winner, his consent to conclude and execute a contract on other terms, correspondence with the customer about the approval of a security guarantee.
However, in particular, the 9th AAC considered the decision to include data on the winner in the RNP legitimate. The contract was not signed and its execution was not ensured, because the manufacturer stopped deliveries due to the political and economic situation. Thus, the court noted: the impossibility of delivery by the manufacturer does not exclude the responsibility of the winner.
2. The authorized employee was on sick leave
The winner may not be recognized as a dodger if the contract was not signed due to the illness of the responsible employee. This conclusion was reached, for example, by the FAS, Vladimir, North Ossetian UFAS. When making decisions, the supervisors took into account, in particular, the successful experience of the winner in the execution of other contracts and the fact of registration of collateral.
In practice, there is another opinion. The AC of the Volga-Vyatka district did not consider the injury to the director's leg a valid reason not to sign the contract, because:
• the authority to sign could be assigned to another employee;
• it does not follow from the sick leave that the director was hospitalized and that his injury is serious;
• the software has not been submitted.
The Russian Armed Forces did not review the case.
3. There was a technical failure
The AC of the North-Western District considered: the winner, who did not sign the contract due to a malfunction of the equipment at the telecom operator, did not want to evade its conclusion. The court took into account the security and information about the breakdown from the Internet.
The Tatarstan Federal Antimonopoly Service did not include in the RNP for not signing the contract on time due to an Internet failure. It was confirmed by a letter from the telecom operator. The controllers also took into account the good reputation of the winner: there were no requests to include information about him in the RNP before.
A similar position is occupied by the Leningrad and Astrakhan UFAS. However, the Novosibirsk Federal Antimonopoly Service and the Volga-Vyatka District did not recognize the Internet failure as a valid reason for missing the deadline for signing the contract.
4. The electricity was turned off
It happens that the winner cannot conclude a contract on time due to lack of electricity. So, the Saratov UFAS did not include information in the RNP, because the winner:
• submitted a written confirmation from the power supply company;
• notified the customer of the reason for not signing the contract and asked to be given the opportunity to do so later;
• software;
• purchased the goods under the contract.
A similar position is also taken by the Vladimir and Yakut UFAS.
However, the Orenburg UFAS considered otherwise, since the winner:
• did not prove the fact of a power outage;
• he himself bears the risks of adverse consequences due to non-signing of the contract;
• postponed the fulfillment of his obligations until the last day, i.e. did not show sufficient care and prudence.
5. The computer broke down
If the contract was not signed due to computer failure, then information about the winner may not be included in the Register of Unscrupulous suppliers. So, for example, the Arkhangelsk UFAS decided. The supervisors took into account that the winner submitted documents for repairs from the service center and securing the contract, and also confirmed his intention to fulfill it. A similar position is occupied by Khabarovsk, Smolensk UFAS, 8th AAS.
However , the Altai UFAS considered otherwise:
• it does not follow from the computer repair documents that the winner could not sign the contract on another device;
• the security has not been received by the customer;
• preparatory actions for the purchase of goods and experience of participation in other tenders do not prove the intention to conclude a contract for a disputed purchase.
This approach is shared by the 7th and 16th Arbitration Court of Appeal.