The contract under Law N 223-FZ was not signed due to the rise in price of goods - the court did not see bad faith
The winner was deemed to have evaded because he did not sign the contract. Controllers did not include information in the RNP. The customer did not agree with this decision and went to court. The latter did not support him, since the winner:
notified the customer that he could not conclude a deal due to an increase in the prices of goods, as restrictions had been introduced;
submitted letters from manufacturers in confirmation;
did not refuse to fulfill the contract and asked the customer to do it at the offered price, but with a smaller amount of products. However, no response was received;
when submitting the bid, he could not foresee that the price of the contract would become unprofitable.
The court also noted that the protocol for recognizing a participant as having evaded the conclusion of an agreement does not oblige controllers to apply punishment. In each case, they must evaluate the reasons for the refusal to fulfill obligations and the severity of the consequences for the customer. Since the latter nevertheless concluded an agreement, it means that there were no significant consequences.
Document: Decision of the Arbitration Court of Moscow dated July 28, 2022 in case N A40-98972 / 22-84-729