The Supreme Court of Russian Federation explained to conscientious participants in state purchases how not to appear in the Register of Unfair Suppliers

If, during the conclusion of the contract, the participant has not managed to comply with the procedure or the deadlines, all possible measures should be taken to eliminate the violations. Depending on the conditions, it is necessary:

- notify the customer in writing about the problems and readiness to conclude and execute the contract;

- pay the missing collateral;

- send the signed contract to the customer in all possible ways.

The court may decide that the participant did not intend to evade the conclusion of the contract, in such case.

For example, the Supreme Court of the Russian Federation cited a case which the company did not fully transfer funds to secure the contract, but then it was corrected. In addition, it was ready to supply the goods. A legal entity cannot be considered unfair in this situation.

The court added that the unfavorable consequences of entering in the Register of Unfair Suppliers are incommensurable with the violation.

Document: Review of the practice of applying legislation on the contract system, approved by the Presidium of Supreme Court of Russian Federation on June 28, 2017.