When should you not include unscrupulous suppliers in the register? Getting rid of the “black mark”. Register of unscrupulous suppliers: definition and concept, legal consequences of inclusion in the register Unfair suppliers register 44 Federal Law phorum

In the modern age of market relations, a fairly large number of those participating in procurement are included in the register of unscrupulous suppliers. Those who committed violations regarding the conclusion of a contract or transaction with the customer due to any circumstances are included there. The supplier is punishable by up to two years. After this, it must be removed from the registry on the same day as the day it was included.

The lists are compiled by the Federal Antimonopoly Committee, but the basis for inclusion in such a register is a court decision, although some suppliers manage to challenge this fact. In order to recognize the judge’s decision as unreasonable, all actions must be carefully prepared and thought through.

Check organization

You can check the organization for presence in the register of unscrupulous suppliers by TIN or its name by following the link:

Unfair supplier under 44-FZ

Part 2 of Article 104 of the Contract System Law No. says the following. The register of unscrupulous suppliers includes the data of procurement participants who have delayed or refused to conclude a contract or violated the requirements specified in it. Or those suppliers whose contract was terminated by a court decision.

Comparative analysis of 94 and 44 Federal Laws

First of all, we will conduct a comparative analysis of the old (94th) and new (44th) laws, when the bidder was recognized as having evaded concluding a contract.

As a result of comparison, we see identical provisions that the law in the old and new editions recognized the supplier as having evaded obligations to conclude a contract if, within the designated period, the customer did not receive a certified contract or papers confirming the security of the contract. There are also discrepancies in the laws, but they are not so significant and mainly affect the points of electronic trading (auction).

Pros and cons of Federal Law

The old law stipulates that the customer has the right to file a statement of bad faith against a participant who has evaded fulfilling his obligations within up to three days. Then the place of the winner goes to the second in line participant, and the obligations pass to him.

The new law allows the second participant in the list of suppliers to refuse to enter into contractual relations if for some reason he decides not to accept such obligations. But, it stipulates the condition that if the subject of the procurement is a request for quotation, then the participant next in line after the one who refused, as before, is obliged to conclude an agreement with the customer.

Another main advantage of the new law was the provision of a deferment for a period of no more than 30 days. Thus, if the supplier or customer has reasons that make it difficult to conclude a contract, then it is necessary to notify the party within one day. To do this, you only need to provide written notice.

Decision to enter into the register

Courts hearing cases involving the inclusion of procurement participants in the register of unscrupulous suppliers are guided by the reasons that prompted the guilty party to refuse to fulfill these obligations. The court carefully analyzes all the supplier’s arguments, and if the court accepts the evidence, only then will the decision of the Federal Antimonopoly Service on bad faith be overturned.

1. The register of unscrupulous suppliers (contractors, performers) is maintained by the federal executive body authorized to exercise control in the field of procurement.

2. The register of unscrupulous suppliers includes information about procurement participants who evaded concluding contracts, as well as about suppliers (contractors, performers) with whom contracts were terminated by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract due to a significant violation of the terms by them contracts.

3. The register of unscrupulous suppliers includes the following information:

1) name, company name (if any), location (for a legal entity), last name, first name, patronymic (if available), taxpayer identification number or for a foreign person in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of the persons indicated in part 2 of this article;

2) name, taxpayer identification number of a legal entity or for a foreign person, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number that is the founder of the legal entity specified in part 2 of this article (except for public legal entities), surname, first name, patronymic (if any) founders, members of collegial executive bodies, persons performing the functions of the sole executive body of legal entities specified in part 2 of this article;

(see text in the previous edition)

3) the date of an electronic auction, summing up the results of an open tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in the event that the winner of the determination of the supplier (contractor, performer) evaded concluding a contract, the date of recognition of a failed procurement in which the only the procurement participant who submitted the application, the final offer or was recognized as the only procurement participant, evaded or refused to conclude the contract, the date of conclusion of the unfulfilled or improperly executed contract;

4) the object of procurement, the price of the contract and the deadline for its execution;

5) procurement identification code;

6) the grounds and date of termination of the contract in the event of its termination by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract;

7) the date of entering the specified information into the register of unscrupulous suppliers.

4. If the winner of the determination of the supplier (contractor, performer) is recognized as having evaded concluding the contract, the customer, within three working days from the date the winner is recognized as having evaded concluding the contract, sends to the control body in the field of procurement the information provided for in paragraphs 1 - 3 of part 3 of this article, as well as documents indicating the winner’s evasion from concluding a contract.

(see text in the previous edition)

5. If a procurement participant with whom a contract is concluded in the cases provided for in paragraphs 24, - 25.3 of Part 1 of Article 93 of this Federal Law, has evaded concluding a contract, the customer, within three working days from the date of recognition of such procurement participant as having evaded the conclusion the contract sends to the federal executive body authorized to exercise control in the field of procurement, the information provided for in paragraphs 1 - 3 of part 3 of this article, as well as documents indicating evasion from concluding a contract.

(see text in the previous edition)

6. In the event of termination of a contract by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract, the customer, within three working days from the date of termination of the contract, sends to the federal executive body authorized to exercise control in the field of procurement the information provided for in Part 3 of this article , as well as a copy of the court decision to terminate the contract or a written justification of the reasons for the customer’s unilateral refusal to fulfill the contract.

7. Within ten working days from the date of receipt of the documents and information specified in parts 4 of this article, the federal executive body authorized to exercise control in the field of procurement shall verify the facts contained in these documents and information. If the accuracy of these facts is confirmed, the federal executive body authorized to exercise control in the field of procurement includes the information provided for

The legislation lacks a key definition of a “register of unscrupulous suppliers.” In a broad sense, this is systematized information about performers who, in accordance with the established procedure, were found to be dishonest. The RNP under 44-FZ is maintained by the Federal Antimonopoly Service of Russia, guided by the Procedure for maintaining the register, which was approved by Government Resolution No. 1062 of November 25, 2013.

The list of unscrupulous suppliers allows you to warn other procurement participants about the unreliability of counterparties. If there is no information about the company or individual entrepreneur, this indicates either their integrity, or that they did not participate in the procurement or did not win it. If information about an individual entrepreneur, a company, its director and founders, members of the board or other collegial body of a legal entity is on the list, this limits their ability to participate in other procurements.

The total period for which information is available on the official RNP website is two years, after which the information is deleted.

Sending information to the FAS for inclusion is the responsibility of the customer, and not his right. If he doesn't do this, he faces .

Grounds for inclusion in the RNP

The RNP in the field of the contract system (state and municipal orders) contains information about those who evaded concluding a contract or did not fulfill their obligations.

At the stage of concluding a contract, the grounds for entering information are:

• evasion of the procedure from concluding a contract (and concluding a contract with a procurement participant whose application or proposal is assigned the second number);
• evasion, with which a contract is concluded in the cases provided for by 44-FZ.

The winner will be included in the list if he:

• did not sign the draft contract by the deadline;
• did not submit all copies of the contract to the customer;
• did not provide the proper ;
• sent thirteen days after .

Reasons for inclusion already at the contract execution stage:

• the customer terminated the contract in court due to a significant violation of its terms;
• the customer from fulfilling the contract due to a significant violation of the conditions by the contractor (for example, violation of the deadlines for completing work established by the municipal contract).

RNP according to 223-FZ

RNP under 223-FZ is also conducted by the Federal Antimonopoly Service.

The list of information that is included in the RNP and the procedure for sending it by customers to the Federal Antimonopoly Service of the Russian Federation is established by Decree of the Government of the Russian Federation dated November 22, 2012 N 1211.

Moreover, within the framework of 223-FZ, customers are given the right to impose on participants in the procedure a requirement that there is no information in both the register under 223-FZ and in the RNP under 44-FZ.

Grounds for inclusion in the RNP under 223-FZ

The RNP includes information:

• about participants who avoided concluding an agreement (only if concluding an agreement following the procedure was mandatory);
• about performers with whom contracts were terminated by court decision.

When deciding whether to include a person in the RNP, it is necessary to analyze the relevant Procurement Regulations and procurement documentation. As a rule, cases of mandatory conclusion of a contract include trading procedures (competition, auction, electronic auction, etc.) and do not include other procurement methods (request for proposals, request for prices, request for quotations, etc.).

Termination of the contract out of court releases the customer from the obligation to send information to the RNP.

Verification algorithm

On the main page of the EIS website, on the panel highlighted in black on the left, click the “Monitoring, audit and control in the field of procurement” button. In the list that opens below, select “Register of Unscrupulous Suppliers”.

The UIS contains both the register of unscrupulous suppliers 44 Federal Laws and the register of unscrupulous suppliers 223 Federal Laws. By default, both options are selected. But you can search only by one of them by unchecking the corresponding box.

The fastest way to find out whether information is included in the register of unscrupulous suppliers is to check by TIN; FAS places the TIN as mandatory information.

Add the TIN of a legal entity or individual entrepreneur to the search bar and start the search.

A quick search can also be carried out by the name of the counterparty.

If you have additional data, you can use the “Advanced Search” option.

Select which law you want to search by, enter known information about the supplier and click the Find button.

44-FZ defines the register of unscrupulous suppliers as a single set of information about suppliers who, for one reason or another, were classified as unscrupulous within the meaning of this law. Today we will tell you on what principle this register is maintained and which suppliers may be considered unreliable.

Register of unscrupulous suppliers of the Federal Antimonopoly Service of the Russian Federation

The Register of Unscrupulous Suppliers is a unified set of information about unscrupulous procurement participants, which is posted in a publicly accessible form in the Unified Information System of Public Procurement.

The said database is maintained by the state body authorized to implement control measures in the field of procurement - the Federal Antimonopoly Service of the Russian Federation (hereinafter referred to as the FAS RF, see paragraph 2 of the Decree of the Government of the Russian Federation "On determining the powers..." dated 08/26/2013 No. 728 , clause 5.3.4 of the Decree of the Government of the Russian Federation “On approval of the regulations on the FAS” dated June 30, 2004 No. 33).

The law does not contain a mandatory rule according to which an entity included in such a register does not have the right to participate in public procurement, although the customer may establish such a requirement in the procurement documentation (clause 1.1 of Article 31 of Law No. 44-FZ).

List of unscrupulous suppliers: rules of maintenance

The list of data on a recognized unreliable supplier, which is subject to reflection under Law No. 44-FZ in the register of unreliable suppliers, is enshrined in clause 3 of Art. 104 of this law:

• the name of such supplier;
• location;
• Full name of the founders and managers of the organization (for suppliers-legal entities);
• dates of defining stages of the procurement, date of recognition of the procedure as failed, date of conclusion of an unfulfilled or inappropriately executed contract;
• object of purchase, price and duration of the contract;
• procurement procedure identification code;
• grounds and date of termination of the contract;
• date of inclusion of information in the mentioned database.

The procedure for maintaining such a register is also regulated by:

• Rules of conduct..., approved. Decree of the Government of the Russian Federation dated November 25, 2013 No. 1062;
• Order of the Federal Antimonopoly Service of the Russian Federation “On maintaining the register...” dated August 27, 2007 No. 267;
• letter of the Federal Antimonopoly Service of the Russian Federation “On questions...” dated March 28, 2014 No. IA/11604/14;
• letter of the Federal Antimonopoly Service of the Russian Federation “On clarification...” dated December 8, 2014 No. ATs/50130/14, etc.

How to check a supplier by TIN

The data register discussed in the article is publicly available to any user on the official website of the Unified Information System of Government Procurement on the Internet, and can be found by following this link.

By default, information is sorted according to the date it was included in the system or the date the data was updated, but you can search for the subject of interest using a special search form.

The simplest option is to indicate in the request line the name of the supplier of interest, the TIN or full name of the founders of the supplier-legal entity, members of its collegial body or persons performing the functions of the sole executive body.

Along with this, there is also an advanced search form that requires filling out all or part of the following form fields:

• law (you can search for unreliable participants in procurement procedures only within the framework of Law No. 44-FZ, or the Law “On the Procurement of Goods..." dated July 18, 2011 No. 223-FZ (hereinafter referred to as Law No. 223-FZ), or simultaneously in accordance with the named laws);
• type of supplier according to the civil legal status of the supplier - individual or organization;
• supplier's tax identification number;
• supplier checkpoint;
• information about the location of the supplier;
• reasons for inclusion in the named database (you can select several reasons at once);
• date of entry of information into the register (the period of interest is indicated).

Thus, using the register of unscrupulous suppliers, it is possible to check the supplier’s TIN, even if other information about the subject being checked is unknown.

In addition, in the system you can immediately familiarize yourself with other contracts of this supplier, including those that have been terminated, those that are in the process of execution, or those that have been completed.

Register of unscrupulous suppliers according to Law No. 223-FZ

Within the framework of Law No. 223-FZ, a similar database is also maintained containing information about dishonest participants in the procedure (Article 5).

There are fewer reasons for including a subject in such a register under this law than under Law No. 44-FZ. These include the following circumstances:

• avoidance of a procurement participant from concluding a contract;
• termination of a contract with a procurement participant by a court decision due to a violation of the essential nature of the conditions on the part of this participant.

The procedure for maintaining such a register is also established by the rules, approved. Decree of the Government of the Russian Federation dated November 22, 2012 No. 1211.

The FAS RF is also responsible for maintaining this database; it can be found at this link. The search rules for such a registry are similar to those we discussed above.

The customer may include in its procurement documentation the requirement that procurement participants are absent from such a register (Clause 7, Article 3 of Law No. 223-FZ).

So, in accordance with Law No. 44-FZ, the register of unscrupulous suppliers is maintained by the authorized government agency - the Federal Antimonopoly Service of the Russian Federation. The list of grounds for including subjects in such a register is closed and regulated by the said law. In a similar way, such a register is maintained by the Federal Antimonopoly Service of the Russian Federation for the purposes of Law No. 223-FZ.

The database of unreliable participants in procurement procedures is posted on the official website of the EIS in the field of procurement free of charge and in the public domain.

Government orders have always attracted a lot of attention, which is greatly facilitated by numerous publications. To replace 94-FZ, 44-FZ was developed, taking into account practical skills and developments. Federal Law 44-FZ is constantly being improved to protect not only the customer, but also the organizations participating in such orders, which are the main source of income for them. The law provides for the ability to track unreliable suppliers using an information base that includes information about the participants who took part in the procurement, who won the procurement and who evaded signing the contract sent by the customer, or whose contracts were terminated due to violations of the terms of the contract by court decision, or unilaterally. New provisions issued in addition to 44-FZ regulate this register. One of the provisions regulates the inclusion in the register of data not only about the organizations themselves, but also about their founders and other members, who are usually indicated in the certificate of beneficiaries (clauses 1, 2, part 3, article 104). The law provides for the obligation of customers to submit such information to the FAS. The customer must also understand that failure to provide such information threatens the customer with a fine (Administrative Code of the Russian Federation, Article 19.7.2.) in the amount of: 15 thousand rubles for officials; 100 thousand rubles for legal entities. persons But here it is very difficult to control the customer, because it is unlikely that the supplier himself, who is threatened with being included in the register, will complain that he was not included there.

Register of unscrupulous suppliers: official website.

Information about suppliers with whom contractual relations were interrupted or no contracts were concluded at all as a result of procurement procedures is posted in the section “Monitoring, audit in the field of procurement”, then “Register of unscrupulous suppliers” official website zakupki.gov.ru, to open the RNP, go to this link

In order to check whether an organization has the status of “unfair supplier”, you need to go to the register of unscrupulous suppliers on the official website, enter the TIN or the name of the organization in the search field and press enter. In the list of RNP you will see legal entities included in the register.

Using the functionality of the Register of Unscrupulous Suppliers on the official website, you can configure more precise search parameters by clicking on “Advanced Search”. In the settings, you can select the law 44-FZ, 223-FZ, the name or full name of the dishonest supplier, checkpoint, country of origin, location of the supplier, basis for inclusion in the RNP, date of inclusion of information.

To confirm the absence of information in the RNP, the procurement participant must declare the absence of the “unfair supplier” status. This can be done using a free form declaration, or it is possible to attach a certificate prepared by the AS “Register of Unscrupulous Suppliers” through the official website of the FAS RF.

The register of unscrupulous suppliers located on the official website is duplicated on the website of the FAS RF at this link http://rnp.fas.gov.ru

Follow the link provided, then enter the name, full name or TIN of the participant’s company, as a result, information will appear about whether it is included in the RNP or not. After that, click on “print certificate” and print it on the printer. Having certified a copy of the certificate from the RNP, you can attach this document confirming the absence of the supplier in the register. Customers in the same way have the opportunity to check the participant for the absence of the “unscrupulous supplier” status.

Updated: It is now possible to check the absence of a legal entity only through the Unified Information System website.

RNP: functions and tasks.

Entering into the register of unscrupulous suppliers those organizations that have not fulfilled their obligations helps customers reduce the risks of procurement failure and exclude such suppliers from participating in tenders.

Now in procurement you can often find a condition in which the supplier, when submitting an application for participation in the tender, should not be in the register of unscrupulous suppliers, since the customer has the legal right to add this requirement. A register entry about such an organization will be stored in the register of unscrupulous suppliers 44-FZ for two years and will be available for viewing free of charge.

This entry can be removed from there only if the decision on the basis of which this entry was made about the dishonest company is canceled.

Inclusion in the register of unscrupulous suppliers is carried out by the FAS or the local regional executive body exercising control in the field of public procurement. Resolution No. 1062 was approved to clarify and determine the procedure for including unscrupulous suppliers in the register. It specifies requirements for methods of maintaining consistency in maintaining a “black list” of suppliers.

Reasons for being included in the “black list of suppliers” and assigning the status “unscrupulous supplier”.

Next, we will list the reasons why you might end up on this list and how to prevent them. Even if you are already facing the possibility of having your company listed in this register, we will also consider options for further action.

It happens that the draft contract was sent by the customer after the deadline for signing it, or the paper version of the contract arrived after this deadline. Since in such cases the court is usually on the side of the organization that is the supplier, in this case it is recommended to send a scanned copy by email, duplicating the originals on paper, unless otherwise stated in the documentation.

If it was not possible to sign a government contract within the regulated time frame due to a technical failure or lack of Internet or electricity, then the supplier has a real chance to prove that he did not do this unintentionally, and therefore avoid being included in the register of unscrupulous suppliers. To do this, you must provide evidence of the failure (for example, a receipt for computer repairs) or a certificate from your Internet provider about technical problems, etc. Again, the reason must be compelling, because... You are given at least 5 days to sign, and if you decided to sign at the last moment and force majeure occurs, it will be more difficult to prove your non-involvement.

If the government contract contains a clause on interim measures (obligations) under the contract and the supplier does not provide a bank guarantee or funds as collateral to the customer within the time period specified in the tender documentation, then the supplier is included in the “black list”. If everything is clear with the monetary security of the contract, then with a bank guarantee it is more complicated, if it was provided, but the text did not suit the customer, then there is also a chance to prove that this was not the fault of the supplier.

The next option: the customer filed a lawsuit to terminate the contract due to its improper performance. If the decision is in favor of the customer and comes into force, the 44-FZ register of unscrupulous suppliers can be avoided only if the contract was not standard and had an arbitration clause. In this case, there will still be termination, but there will be no grounds for inclusion in the register of unscrupulous suppliers. Since arbitration courts believe that for this to happen, the contract must be terminated by a state court, and not by an arbitration court.

And one more option: unilateral refusal of the contract. This option is quite labor-intensive for the customer, since it is necessary to prove the reasons for this refusal in court. So part 12 of Art. 95 obliges customers to correctly complete this procedure; such a decision must be sent to the supplier and confirmation of delivery must be received; without this, the contract cannot be terminated; this decision comes into force only ten days after the supplier receives the notification. If during this time the supplier eliminates violations of the contract and satisfies the claims, then the customer cancels this decision, as specified in Part 14 of Art. 95. This paragraph does not apply to repeated violations.

What information will be displayed in the register of unscrupulous suppliers?

So, let's look at what information is contained in the RNP:
a) Date and number of the entry entered into the register by the regulatory authority;
b) Name of the regulatory authority that added the register entry;
c) Official name of the legal entity, full name of the individual. person, the TIN of the supplier, which he received from the tax authority of the Russian Federation, or its equivalent received in accordance with the legislative acts of a foreign state, information about the legal address of the legal entity. person or place of registration of an individual;
d) name, TIN of the founder of the supplier, received by the Federal Tax Service of the Russian Federation, or its equivalent obtained in accordance with the legislative acts of a foreign state, his full name, as well as data of all beneficiaries;
e) Date and details of the document that should reflect the summing up of the procurement results (protocol), if the winner did not conclude a contract, or the only procurement participant evaded and did not sign the contract sent to him (if such an obligation is indicated in the tender documentation), the date of conclusion of the terminated agreement indicating all details;
f) Data that includes the subject of the contract, with the obligatory indication or selection from the OKPD 2-code website menu, while filling out such sections as indicating the price and its currency designation in the contract (its code), deadlines for fulfilling obligations for the supply of goods, provision of services by the supplier to the customer, including classes, as well as types of products (services, works), including categories and subcategories of products (services, works), is mandatory;
g) procurement identifier on the UIS (from January 1, 2017);
h) Data from the document or judicial act that is the basis for termination of the contract, including the date of termination and a description of the reasons for termination.

In what time frame is information sent to the register of unscrupulous suppliers 44-FZ and how long will it be considered?

I. If the participant who took 1st place evaded and did not sign the contract, and therefore the contract was concluded with the participant who took 2nd place, then the customer has three working days to prepare and send data regarding the party who did not sign the contract from the moment of signing contract bilaterally, all information is in the FAS. The transmitted data must contain the above points “c” - “d”.
II. If a procurement participant who participated in the tender is recognized as the only participant in the procedure, but has evaded obligations to sign the contract, then the customer has five working days to forward data about such an unscrupulous participant to the FAS. The countdown starts from the day the contract expires. This data must contain those provided for in paragraphs “c”-“d” of the list above, in order to be included in the register of unscrupulous suppliers.
III. If the terms of the contract were violated by the winning party, which were recognized by the court as significant and the court terminated the contract on this basis, then the customer is given ten working days from the date of execution and signing of the decision to terminate the contract and sends the data specified in the above paragraphs “a” - “h” .

Each paragraph contains requirements for the provision of supporting and justifying documents. These are either extracts from the protocol, which should reflect the winner’s refusal of the contract or from the protocol on the results of the procurement, or a copy of the court decision, which contains information confirming the termination of the contract, or a unilateral refusal of the contract accepted by the customer, with a written explanation of the justified reasons for such a decision.

The documents and information specified in paragraphs I-III are provided to the regulatory authority through the Unified Information System by uploading electronic documents, which must be signed with an enhanced electronic signature of the person acting on behalf of the customer. Or paper documents with a list of attached documents signed by a person authorized to act on behalf of the customer. The inventory must reflect the list of documents attached to it.

FAS has ten workers from the moment the documents are received to make a decision, after considering all the data provided. If the information was provided reliable, then an entry about the “unscrupulous” supplier is immediately entered into the register. If the documents do not contain enough information or there are comments, then the customer must do so within three working days, from the moment the customer sends the data about the inclusion of the procurement participant in the register of unscrupulous suppliers, the customer is sent a notification and given another three days to correct the comments and supplement the missing data. If the information has not passed this check or the customer has not corrected the comments, then, accordingly, data about such a supplier will also not be included in the register.

Some customers take advantage of the opportunity to include a supplier in the register so that in the future he does not participate in its procurement, thereby excluding competitors of the “necessary” supplier or contractor, assigning the competitor the label “unscrupulous supplier.” Often they simply do not accept the bank guarantee, or do not accept the product and then terminate the contract. In any case, the FAS decision can always be appealed in court; the supplier has three months to do this.