The customer, according to Federal Law N 223, did not send the contract to the sole participant - the court found no violations.
The auction was declared invalid, since only one participant was allowed to participate in the purchase. The contract was not sent to him.
Cassation found no violations:
- one of the reasons in the procurement regulation for declaring the tender invalid is the presence of a single accepted bid;
- in the procurement regulations and documentation, they provided for the right, and not the obligation, to conclude an agreement with such a participant. This was justified by the fact that the organization of procurement activities should be cost-effective;
- based on the results of competitive procurement, a deal is concluded with the winner, who, among other things, offered the lowest price by reducing the initial (maximum) price of the contract. In this case, the tender did not take place, so the winner was not determined;
- the norm of Federal Law N 223 on the conclusion of a contract based on the results of competitive procurement regulates only the procedure for calculating the time limits for this. It does not oblige to conclude a deal if the auction was declared invalid and no winner was determined;
- the actions of the customer cannot be recognized as illegal, including because they ensured the development of fair competition. So, he could repurchase;
- due to the presence of only one admitted application, savings of money as a result of competition were not achieved.
Note that in practice there is a different opinion.
Document: Decree of the Arbitration Court of the Moscow District dated 04.10.2022 in case N A40-237073 / 2021