The courts did not recognize a computer breakdown as a valid reason for missing the deadline for signing a government contract
The RFQ winner did not sign the contract on time as the only computer that could do so broke down. Controllers have included information in the Register of Unscrupulous Suppliers.
Cassation supported them:
- acts of examination of the technical condition of the computer and acceptance of the performed repair work do not confirm the existence of objective reasons for not signing the contract. No justification was provided for the impossibility to perform duties using other equipment. The adoption of additional measures to support the health of a computer with special software has not been proven;
- the presence of successful experience in the execution of similar contracts does not confirm good faith;
- when submitting an application for participation in the procurement, the winner must be aware of the consequences of their actions, including adverse ones.
The Supreme Court of the Russian Federation did not review the case.
In practice, there is an example when a computer breakdown justified the missed deadline for signing a contract.
Document: Ruling of the Supreme Court of the Russian Federation dated November 24, 2022 N 305-ES22-21587