In what terms is the contract concluded with the "second" participant in case the winner of the electronic request for quotations evades the conclusion of the contract?
According to experts of the Ministry of Finance of the Russian Federation, the contract based on the results of an electronic request for quotations with the "second" participant is concluded no earlier than 10 days from the date of posting in the unified information system of the protocol on the evasion of the procurement participant from entering into a contract in accordance with Article 51 of Federal Law No. 44.
Recall that according to part 1 of Article 51 of Federal Law No. 44-FZ, the contract is concluded no earlier than 10 days from the date of posting in the unified information system of the protocol summarizing the determination of the counterparty or the protocol on the evasion of the procurement participant from the conclusion of the contract. At the same time, the provisions of Part 1 and Part 7 of Article 51 of Federal Law No. 44 oblige the customer, after recognizing the participant as having evaded the conclusion of the contract, to re-start the procedure for concluding a contract with the participant whose application has been assigned the following serial number.
Document: Letter of the Ministry of Finance of the Russian Federation dated June 19, 2023 N 24-06-07/56428