Register of unscrupulous companies. Everything you need to know about the register of unscrupulous suppliers

Currently, the register of unscrupulous suppliers is maintained on the basis of:

Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ); Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities” (hereinafter referred to as Law No. 223-FZ); Resolution of the Government of the Russian Federation dated November 25, 2013 No. 1062 “On the procedure for maintaining a register of unscrupulous suppliers (contractors, performers)” (hereinafter referred to as Resolution No. 1062); Resolution of the Government of the Russian Federation dated November 22, 2012 No. 1211 “On maintaining a register of unscrupulous suppliers, provided for by the Federal Law “On the procurement of goods, works, services by certain types of legal entities” (hereinafter referred to as Resolution No. 1211); Order of the Federal Antimonopoly Service of Russia dated August 27, 2007 No. 267 “On maintaining a register of unscrupulous suppliers, including and excluding information from the register of unscrupulous suppliers, conducting inspections of facts of evasion of a procurement participant from concluding a state or municipal contract, carrying out unscheduled inspections when considering information about unscrupulous suppliers "(hereinafter referred to as Order of the FAS of Russia No. 267); letters of the Federal Antimonopoly Service of Russia dated March 28, 2014 No. IA/11604/14 “On the consideration of requests for inclusion in the register of unscrupulous suppliers of information about unscrupulous suppliers (contractors, performers), contracts with which were terminated in the event of a unilateral refusal of the customer to fulfill the contract due to with a significant violation of the terms of contracts" and dated December 8, 2014 No. ATs/50130/14 "On clarification of the legislation on the contract system regarding the issue of the customer sending information to the register of unscrupulous suppliers about the participant recognized as the winner of the procurement, who subsequently evaded concluding a contract in the event , if the second participant evaded concluding a contract” and other acts.

It should be noted that in these documents, including Art. 3 of Law No. 44-FZ, there are no definitions of the concepts “register of unscrupulous suppliers” and “unscrupulous supplier”. In this regard, in theory and practice, researchers and lawyers have discussions on this issue.

Why was the registry created?

In order to ensure that a person fulfills the obligations assumed within the framework of the procedure for placing state and municipal orders, as well as orders of certain types of legal entities, to protect fair competition and to prevent abuse in the field of placing orders by dishonest actions of suppliers (performers, contractors) in the above legal acts it was envisaged to create a register of unscrupulous suppliers (Determination of the RF Armed Forces dated August 12, 2016 No. 310-KG16-5426).

As stated in the decision of the Thirteenth Arbitration Court of Appeal dated March 23, 2015 No. 13AP-2095/2015, the register of unscrupulous suppliers is a special measure of liability, a kind of sanction for a violation in the field of procurement of goods, works, services to meet state and municipal needs and procurement by certain types of legal entities.

Reasons for inclusion in the register of unscrupulous suppliers

In accordance with part 2 of Art. 104 of Law No. 44-FZ, part 2 of Art. 5 of Law No. 223-FZ and sections I and III of Letter No. IA/11604/14 of the Federal Antimonopoly Service of Russia, the register of unscrupulous suppliers includes information about the following procurement participants:

1) those who have evaded concluding contracts (agreements), including when:

failure of the participant recognized as the winner of the auction to comply with the requirement to provide appropriate information; failure to provide adequate security by the winner of the competition within the prescribed period; failure to sign the contract within the prescribed period by the winning procurement participant.

The term “evasion from concluding a contract” implies not only a formal violation of legal requirements, but also the absence of a real intention to conclude and fulfill a contract, therefore, in order to be included in the register of unscrupulous suppliers on this basis, in addition to the fact of violation, it is necessary to establish the direction of the will and the dishonest nature of the behavior of the auction winner (p 12 Final information on current issues of application of Federal Laws dated July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities”, dated April 5, 2013 No. 44-FZ “On the contract system in the field” procurement of goods, works, services to meet state and municipal needs”, approved by the presidium of the AS of the Ural District on June 24, 2016);

2) suppliers (contractors, performers) with whom contracts (agreements) were terminated by a court decision (including due to their significant violation of the terms of contracts (agreements));

3) in case of unilateral refusal of the customer to fulfill the contract due to a significant violation by the supplier (contractor, performer) of the terms of the contracts (except for the procurement of goods, works, services by certain types of legal entities).

Please note that the grounds for including information about an unscrupulous supplier (contractor, performer) in the appropriate register in the event of a unilateral refusal by the customer to fulfill obligations under the contract are documented circumstances:

failure by the supplier (contractor, performer) to fulfill obligations under the contract; improper performance by the supplier (contractor, performer) of obligations under the contract; identification by the customer during the execution of the contract of non-compliance of the supplier (contractor, performer) with the requirements specified in the procurement documentation; establishment by the customer during the execution of the contract of the fact that the supplier (contractor, performer) provided unreliable information about its compliance with the requirements specified in the procurement documentation.

Let us note that the customer has the right to decide on a unilateral refusal to fulfill the contract on the grounds provided for by the Civil Code of the Russian Federation for unilateral refusal to fulfill certain types of obligations, provided that this was provided for by the contract (Part 9 of Article 95 of Law No. 44-FZ).

One of the reasons for entering information about a procurement participant into the register of unscrupulous suppliers is the participant’s carelessness and failure to take appropriate measures in order to exclude the possibility of adverse consequences for him (resolution of the Thirteenth Arbitration Court of Appeal No. 13AP-2095/2015).

Authorized body for maintaining the register

In accordance with part 1 of Art. 104 of Law No. 44-FZ, part 1 of Art. 5 of Law No. 223-FZ, clause 5.3.4 of the Decree of the Government of the Russian Federation of June 30, 2004 No. 331 “On approval of the Regulations on the Federal Antimonopoly Service” and by order of the Federal Antimonopoly Service of Russia No. 267, maintaining a register of unscrupulous suppliers is carried out by the Federal Antimonopoly Service and its territorial bodies .

Grounds and terms for inclusion in the register

As established in part 7 of Art. 104 of Law No. 44-FZ, the federal executive body authorized to exercise control in the field of procurement includes information about the procurement participant in the register of unscrupulous suppliers within three working days from the date of confirmation of the existing facts, whereas according to paragraph 13 of Resolution No. 1062 information about an unscrupulous supplier (contractor, performer) is entered into the register within 3 working days from the date the authorized body makes the relevant decision. In this regard, the question arises: is the fact of the supplier’s dishonesty confirmed (exclusively) by a decision of the FAS Russia (its territorial body) or in another way?

At the same time, as follows from paragraphs. 6 and 7 of Order No. 267 of the Federal Antimonopoly Service of Russia, information about procurement participants who evaded concluding state or municipal contracts, about suppliers (performers, contractors) with whom state or municipal contracts were terminated due to a significant violation of the terms of the contract by them, is included in the register unscrupulous suppliers on the basis of an order from the head of the FAS Russia.

As part of the procurement of goods, works, services by certain types of legal entities, information on unscrupulous procurement participants, suppliers (performers, contractors) confirmed by the results of an audit is entered by the authorized body into the register within 3 working days (clause 9 of the Rules for maintaining the register of unscrupulous suppliers, approved by the Resolution No. 1211).

However, we draw special attention to the fact that neither Law No. 223-FZ nor Resolution No. 1211 establishes the procedure for consideration by the FAS of Russia of information about a procurement participant from the point of view of inclusion in the register of unscrupulous suppliers and the right to participation of representatives of the parties, which is provided for by analogy in paragraph 12 of Resolution No. 1062.

There is also no norm in the regulatory legal acts on the procurement of goods, works, services by certain types of legal entities that contains the basis for the FAS Russia bodies to enter information about the procurement participant into the appropriate register (order, decision or other document of the authorized body).

In practice, there are often cases of untimely inclusion of information about a procurement participant in the register of unscrupulous suppliers. According to the Judicial Collegium for Economic Disputes of the Armed Forces of the Russian Federation, this is a violation by the authorized body of the established deadlines for performing these actions, which is inconsistent with both the goals and objectives of the provided procedure for protecting the rights of customers, and with the guarantees provided to unscrupulous suppliers included in the relevant register , since if the authorized bodies comply with certain deadlines, a person who has evaded concluding a state or municipal contract has the right to count on the timely exclusion of information about him from the register of unscrupulous suppliers, which will ensure the right of such a person to further possible participation in auctions and meets the requirements of the Constitution of the Russian Federation and the corresponding principle legal equality (Definition of the Supreme Court of the Russian Federation dated May 30, 2016 No. 310-KG16-556).

Where can I view the register of unscrupulous suppliers?

In accordance with parts 4 and 5 of Art. 4, part 8 art. 104 of Law No. 44-FZ and part 4 of Art. 5 of Law No. 223-FZ, the information contained in the unified information system is publicly available and provided free of charge. Information about procurement participants, and in certain cases, about their founders included in the register of unscrupulous suppliers, which is maintained in electronic form, is posted on the website http://zakupki.gov.ru

Legal consequences of including information about a procurement participant in the register of unscrupulous suppliers

As the AS of the Ural District indicated in its resolution dated December 27, 2016, when making a decision to participate in the procurement procedure, the participant must be aware that he bears the risk of adverse consequences for him, provided for by the procurement legislation, in the event of his committing actions (inaction) that violate legal requirements.

Based on part 1.1 of Art. 31 of Law No. 44-FZ and part 7 of Art. 3 of Law No. 223-FZ, the customer, as a rule, establishes in the relevant procurement documentation a requirement that the register of unscrupulous suppliers (contractors, performers) contains no information about the procurement participant, including the founders, members of the collegial executive body, the person performing the functions of the sole the executive body of the procurement participant - a legal entity (except for the procurement of goods, works, services by certain types of legal entities - in terms of information about the founders).

According to part 9 of Art. 31 and paragraph 1 of part 15 of Art. 95 of Law No. 44-FZ, the legal consequences of entering information about procurement participants into the register of unscrupulous suppliers may be:

removal of a procurement participant from participation in procedures for determining a supplier (contractor, performer); refusal of the customer to conclude a contract with the winner in the procedure for determining the supplier (contractor, performer); unilateral refusal of the customer to fulfill the contract.

Let us note that in Law No. 223-FZ and Resolution No. 1211, similar or other legal consequences of including information about procurement participants in the register of unscrupulous suppliers are not established by the legislator.

The Determination of the Supreme Arbitration Court of the Russian Federation dated May 11, 2012 No. VAS-5621/12 states that the inclusion of a company in the register of unscrupulous suppliers does not suppress the economic independence and initiative of the company, does not excessively limit its right to freely use its abilities and property for entrepreneurial and other purposes. economic activity prohibited by law, as well as private property rights, and in this case does not interfere with the economic activities of the company. However, in our opinion, the inclusion of information about a procurement participant in the register of unscrupulous suppliers is a “black spot” on business reputation, which has been formed over the years, which ultimately causes significant damage to the procurement participant.

Responsibility of the founders of the procurement participant

In paragraph 2 of part 3 of Art. 104 of Law No. 44-FZ establishes that the register of unscrupulous suppliers includes information, including the name, taxpayer identification number - a legal entity or, in relation to a foreign entity in accordance with the legislation of the relevant foreign state - an analogue of the taxpayer identification number, which is the founder of the legal entity specified in part 2 of this article, last names, first names, patronymics (if any) of the founders, members of collegial executive bodies, persons performing the functions of the sole executive body of legal entities, also named in part 2 of Art. 104 of Law No. 44-FZ.

Within the meaning of this article, the founders of a legal entity are responsible for its actions as a procurement participant. Then the question arises of how this requirement of the procurement law relates to the provisions of Part 2 of Art. 56 of the Civil Code of the Russian Federation that the founder (participant) of a legal entity or the owner of its property is not liable for the obligations of the legal entity, and a legal entity is not liable for the obligations of the founder (participant) or owner, except for cases provided for by the Civil Code of the Russian Federation or other law.

In addition, another logically substantiated question arises, which the legislator left without attention: if the founder, information about whom is included in the register of unscrupulous suppliers, has a share (shares) of several legal entities, then this automatically suppresses the legal capacity of these legal entities to participate in procurement to ensure state and municipal needs?

Exclusion of information about procurement participants from the register

Information about an unscrupulous supplier (contractor, performer) is excluded from the register after 2 years from the date of its inclusion in the register, and in cases provided for by the legislation of the Russian Federation - before the expiration of the specified period on the basis of a court decision (Part 9 of Article 104 of Law No. 44 -FZ, clause 16 of Decree No. 1062, part 5 of article 5 of Law No. 223-FZ and clause 10 of Decree No. 1211).

In accordance with paragraphs. “g” clause 20 of Resolution No. 1062 for the protection of information included in the register, it is provided, among other things, for the automatic exclusion from the register of information about unscrupulous suppliers (contractors, performers) after a 2-year period from the date of entering such information into the register with the preservation of the specified information in the archive.

We note that a similar requirement for the procurement of goods, works, and services by certain types of legal entities is not established in the relevant regulations. The question arises: on the basis of what document and who should exclude information about unscrupulous suppliers (contractors, performers), within the framework of Law No. 223-FZ, after a 2-year period from the date of entering such information into the register?

What is the result?

To summarize the above, we can draw an objective conclusion that the legislation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and on the procurement of goods, works, services by certain types of legal entities currently requires improvement, and in in some cases, eliminating “gaps” in relevant documents, taking into account law enforcement practice and the opinions of researchers in this field.

The register of unscrupulous suppliers is a kind of “black list”. They lead him under both 44-FZ and 223-FZ. If a company falls into one of them, then participation in procurement over the next two years becomes practically impossible for it, since most customers include in the procurement documentation a requirement that the participant not be in the RNP.

What is the register of unscrupulous suppliers

There is no definition in the legislation of a “register of unscrupulous suppliers”. In a broad sense, this is systematized information about performers who 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 Decree No. 1062 dated November 25, 2013. The official website of the FAS register of unscrupulous suppliers is located in the Unified Information System in the “Control and Audit” section.

The list of unscrupulous suppliers allows you to warn other participants about the unreliability of counterparties. If it does not contain 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 website of the RNP is two years. The information is then 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 .

On the official website of “gov procurement”, the register of unscrupulous suppliers is publicly available.

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 provide all copies of the contract to the customer;
• did not provide proper .

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).

What information is included in the register under 44-FZ

The information that is in the register is listed in Part 3 of Article 104 of 44-FZ. It states that the register includes:

• name, incl. company name (if any), location (for a legal entity), full name (if any), TIN or an analogue of this number for a foreign person within the framework of foreign legislation, as well as TIN of founders and persons performing the functions of an executive body in an organization or a symmetrical number for foreign companies. The exception is public legal entities.
• the date of the electronic auction, summing up the results of competitive bidding, request for quotations, request for proposals in the event that the winner avoided concluding a contract;
• the date when the public procurement was declared invalid, in which the only participant who came evaded or refused to sign the contract to the customer;
• the date of conclusion of the agreement that was not fulfilled or performed improperly;
• subject of the government contract, price and deadline for its implementation;
• the reason and date of termination, if it was terminated by a court decision or due to unilateral refusal;
• the date when this information was entered into the register of unscrupulous suppliers.

RNP according to 223-FZ

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

Within the framework of 223-FZ, customers are given the right to impose on participants in the procedure a requirement that there be no information both in 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 participant in the RNP, it is necessary to analyze the Procurement Regulations and procurement documentation. As a rule, cases of mandatory conclusion of a contract include competitive procedures (competition, 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.

What information is included in the register under 223-FZ

The list of information was approved by government decree No. 1211 of November 22, 2012. The register includes:

1. An entry from the register and the date when the authorized body included information about the unscrupulous supplier in it.
2. The name of the body that included information about the contractor’s unreliability in the register.
3. The name of the LLC or other legal form of the legal entity, the full name of the individual who evaded concluding agreements or with whom agreements were terminated by a court decision for significant violations.
4. Information about where the legal entity is located or the individual lives: for a company - country, zip code, name of the unit of administrative-territorial division of the country, municipality, settlement and street, number of the house, building and office; for an individual - country, postal code, name of the unit of administrative-territorial division of the Russian Federation, municipality, locality and street, number of the house, building and apartment where the individual is registered at the place of residence.
5. TIN, which is assigned by tax authorities or an analogue of this number under the laws of foreign countries.
6. The date when the commission summed up the results of the procurement (if the winner avoided signing the contract) or the date when the procurement was declared invalid, in which the only procurement participant evaded concluding the contract (if the participant was obliged to do so according to the documentation), the date of concluding the contract that did not fulfill or fulfilled, but improperly, the document details that confirm this.
7. Information about the contract: name of goods, works, services; OKPD code 2 (it is necessary to fill out sections, classes and subclasses, groups and subgroups, types of products, as well as categories and subcategories of products); currency; price; period of execution; contract currency code.
8. The day the contract was terminated. It is necessary to indicate the grounds (substantial violation by the supplier of the terms of the agreement) and the document on which the termination is based (for example, a court decision).

Verification algorithm

On the main page of the EIS website, on the panel highlighted in black on the left, click the “Control and Audit” button. In the list that opens, 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 extra checkbox.

To check the TIN in the FAS register of unscrupulous suppliers, just enter the data in the search bar and click on the magnifying glass. TIN is a mandatory parameter in the UIS; without it, a legal entity or individual entrepreneur will not be able to register. 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.

How to automatically check information from the RNP

The EIS website automatically checks information about procurement participants in the RNP. The verification is carried out when the system generates final protocols in which the supplier is determined, including protocols for the consideration of one application for participation in a competition or based on the results of competitive procedures that are carried out in non-electronic form. Information from the RNP about the winner is checked, as well as about the participant whose application was assigned a second serial number (if there is such a participant).

When you save the protocol, the system will check the information about the participants for presence in the unified register of RNP. If it turns out that the participants are in the RNP, the system will warn about this.

On May 14, 2018, the functional block of the Unified Information System in the field of procurement (zakupki.gov.ru) (hereinafter referred to as the UIS) was put into operation, ensuring the implementation of the requirements of the Decree of the Government of the Russian Federation dated July 1, 2016 No. 615 “On the procedure for attracting contractors to provide services and (or) performance of work on the overhaul of common property in an apartment building and the procedure for purchasing goods, works, services in order to perform the functions of a specialized non-profit organization carrying out activities aimed at ensuring the overhaul of common property in apartment buildings" (hereinafter - resolution No. 615).
From the date of commissioning of the above functional block, the placement of pre-selection procedures and electronic auctions for attracting contractors to provide services and (or) perform major repairs will be carried out in cooperation with the Unified Information System and electronic trading platforms in accordance with the procedure provided for by Resolution No. 615 .
At the same time, 2 new registers will be available in the public part of the UIS (Register of Qualified Contracting Organizations (hereinafter referred to as RKPO) and the Register of Unscrupulous Contracting Organizations (hereinafter referred to as RNPO)). These registers will be filled with information contained in the corresponding regional registers published on the websites of executive authorities of the constituent entities of the Russian Federation and on the official website of the Federal Antimonopoly Service. The maintenance and filling of the registers of RKPO and RNPO will be carried out by authorized bodies in the Unified Information System.
Information on contracts concluded as a result of electronic auctions for the provision of services and (or) the performance of major repairs of common property of apartment buildings (including procedures initiated earlier) after May 14, 2018 must be placed in the Register of EIS Agreements.

The Register of Unscrupulous Suppliers (RNP) is a “black list” of unreliable procurement participants, which is publicly available in the Unified Procurement Information System. Once included in the register of unscrupulous suppliers under 223-FZ and 44-FZ, companies are deprived of the opportunity to participate in procurement procedures. Moreover, an entry about unscrupulous suppliers is entered into the register for a period of two years.

From the point of view of the technical component of the process, the rules for maintaining registers under 223-FZ and 44-FZ are largely similar. But in terms of the order of maintenance, these registers differ from each other.

The general point is that sending in due time and properly information to the register of unscrupulous suppliers about procurement participants who have evaded concluding a contract, as well as about suppliers with whom contracts are concluded by a court decision (unilaterally at the initiative of the customer in cases provided for 44-FZ) terminated due to a significant violation of contracts by them are the responsibility of customers (both government and corporate). Information is sent in written or electronic form to the central office of the FAS or its territorial bodies at the location of the customer sending the information.

Within the framework of 223-FZ, customers are given the right to establish requirements for participants in the procedure regarding the absence of information both in the register under 223-FZ and in the register under 44-FZ. In this case, you can use both of these registries, or any of them. Thus, it is possible to reject an application from a participant whose information is included in these registers.

As for 44-FZ, Part 1.1 of Art. 31 44-FZ allows the customer to establish requirements for the absence of the corresponding participant in the procurement procedure in the register of unscrupulous suppliers, including the absence of information about the founders, members of the collegial executive body, the person performing the functions of the sole executive officer of the procurement participant - a legal entity. Thus, within the framework of 44-FZ, a company can establish requirements and subsequently reject an application if the register of unscrupulous suppliers contains information on a number of parameters. Within the framework of 44-FZ, customers can use only one register under 44-FZ.

Grounds for inclusion in the register of unscrupulous suppliers

In both the corporate and public sectors these grounds are similar.

According to the grounds for including information about the procurement participant (supplier) in the RNP are:

• evasion of a procurement participant from concluding a contract;
• termination of a contract with a supplier (contractor, performer) by a court decision due to a significant violation of the terms of the contract;
• unilateral refusal of the customer to fulfill the contract due to a significant violation by the supplier (contractor, performer) of the terms of the contract.

If for 223-FZ the basis for inclusion in the RNP is termination of the contract by a court decision, due to a significant violation by the supplier of the terms of the contract, then in 44-FZ, in addition to termination of the contract by a court decision, a new instrument has been introduced that protects the rights of the customer - this is the possibility unilateral termination of the contract at the initiative of the customer, if the participant in the procurement procedure does not fulfill or improperly fulfills the obligations under the contract.

Cases of termination of the contract by agreement of the parties, both within the framework of 44-FZ and 223-FZ, are not grounds for inclusion in the register. If the customer terminated the contract by agreement of the parties or the contract was terminated at the initiative of the supplier within the framework of 44-FZ, information about such a supplier is not entered into the register. If the parties have agreed and have no claims against each other, then there can be no signs of bad faith or malicious intent in the actions of the supplier. Consequently, there can be no grounds for inclusion in the RNP.

It is also impossible to include unscrupulous suppliers in the register if the contract is terminated as part of disputes in the Arbitration Court. In this case, for inclusion in the register (both within the framework of 223-FZ and 44-FZ), an arbitration decision is required.

The customer is not obliged to send information to the RNP if the participant whose application or proposal was assigned the second number has evaded concluding the contract (Letter of the Federal Antimonopoly Service of Russia dated December 8, 2014 N ATs/50130/14). By virtue of 44-FZ itself, in a number of cases, persons who take second place are simply released from the obligation to conclude an agreement. And if there is no obligation, then there is no possibility of imposing sanctions for failure to conclude an agreement.

The procedure for sending information to the register of unscrupulous suppliers

“On maintaining the register of unscrupulous suppliers, provided for by the Federal Law “On the procurement of goods, works, services by certain types of legal entities”” approves the procedure for submitting information about unscrupulous suppliers, procurement participants to the Federal Antimonopoly Service of the Russian Federation and the rules for maintaining this register.

A detailed commentary on this issue is given by Oksana Shipunova, a specialist in the field of procurement under 223-FZ:

Question answer

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• - No, he can not. The condition for admission to participation in bidding for construction, reconstruction, and major repairs of a capital construction project, established in the bidding documentation...

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• - A: In the event of a change in the list of types of work that affect the safety of capital construction projects, as a result of which new types of work are introduced, some types of work are excluded...

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Registers of bona fide capital repair contractors have been formed in 78 constituent entities of the Russian Federation

According to the head of the Russian Ministry of Construction, Mikhail Men, registers of bona fide capital repair contractors have been formed, covering about 3,000 contractors in 78 constituent entities of the Russian Federation.

This is necessary, first of all, to improve the quality of major repairs. First, a preliminary selection of bona fide contractors is carried out, then a competition for specific work is held among the selected companies. According to Mikhail Men, it is advisable to allow only well-established companies to carry out major repairs. Moreover, the criteria for entering the register of bona fide contractors are public, which allows any reliable contractor to be included in this list. For example, one of the requirements for a contractor is the absence of lost claims under previous contracts.

According to information as of February 1, 2017, preliminary selections have already been held in 78 constituent entities of Russia. More than 7,500 companies submitted applications, but only 3,000 contractors managed to get into the register. Registers have not yet been formed in seven regions: the Komi Republic, Karelia, Dagestan, Sakhalin, Samara, Ulyanovsk regions and Altai Territory.

Creation date: Fri, 03/02/2017 - 12:12

Last modified date: Fri, 03/02/2017 - 12:12