FAS Russia told in which cases the information about the counterparty should be included in the register of unscrupulous suppliers in the case of unilateral refusal of the customer from the execution of the contract
Experts of the Department noted that the decision to include information about the counterparty in the register of unscrupulous suppliers (contractors, performers) in this case is taken by the Supervisory authority on the basis of all the circumstances of the case and the documents and evidence submitted by the customer and the counterparty.
At the same time, in the absence of grounds for termination of the contract, information about the counterparty shall not be included in the register of unscrupulous suppliers, and the actions of the customer who decided to unilaterally refuse to perform the contract in violation of the provisions of part 8-9 of article 95 of the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works, services for state and municipal needs" contain signs of an administrative offense under part 6 of article 7.32 of the administrative Code. Thus in these cases, the case materials are directed to bodies of internal financial control for the inspection of the customer's actions for the enforcement of obligations under the contract and acceptance by the customer of the decision on the unilateral refusal of execution of the contract.
In addition to the explanation, FAS Russia has developed a scheme of typical situations when considering applications for the inclusion of information about procurement participants in the register of unscrupulous suppliers.
Document: Letter of the FAS of Russia of March 12, 2019 No. IA/18794/19