If by consideration of applications for participation in a request for offers participants are absent and there are no data that they refused to direct final offers, their demands final to recognize illegal.
According to court, actions of the customer also led to restriction of number of participants of purchase that according to the Law on protection of the competition is inadmissible.
We believe that customers have to give to participants opportunity to direct final offers in the considered situation. It is possible to give them no later than the working day following date of a request for proposals.
Document: The resolution of the Fifth arbitration appellate court of 09.09.2015 N 05AP-5392/2015 in the matter of N A24-402/2015