FAS Russia explained some issues of placing information about procurement participants in the register of unscrupulous suppliers in accordance with article 104 of Law No. 44-FZ

16 December 2019, Monday

In particular, experts of the Antimonopoly authority noted that the regulated period for the sending by the customer the appropriate information to the Supervisory authority in the field of procurement is three working days from the date of execution of the actions provided p. h. 4-6 article 104 of the Federal law dated 5 April 2013 No. 44-FZ "On contract system in procurement of goods, works, services for state and municipal needs" (hereinafter – the Law № 44-FZ). Thus the direction of information on the unfair counterparty after the specified term is violation of the Law N 44-FZ and the basis for attraction of guilty persons to administrative responsibility according to part 2 of Art. 7.31 of the administrative Code. At the same time, if the information is sent to the customer by post, the date of referral is the date of receipt mailing shown on the postal stamp.

It is also explained that the General term of consideration of the address on inclusion of information on participants of purchases in RNP and inclusion in it of the specified information shall not exceed 8 working days from the date of receipt of documents and information in control body. At the same time, the term for excluding information about an unfair counterparty from the RNP is calculated from the date when the control body had to place the specified information in the register.

Document: letter No. IA/100065/19 Of the FAS of Russia dated November 14, 2019

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