Information can be entered in the register of unfair suppliers , even if the state customer did not inform the Unified information system about the termination of the contract in time
The customer decided to terminate the contract unilaterally due to the delay in providing services . They notified the performer of this by mail (including email), as well as by phone number via the Viber app. However, it placed the decision in a Single information system with a violation of the deadline.
The Antimonopoly authority refused to include information about the contractor in the Register of unfair suppliers because the customer violated the procedure for termination of the contract.
The courts did not agree with it:
the controllers ' approach is formal. After all, the performer's behavior was not evaluated as unfair, and its reasons were not clarified;
on the day of sending the notification, the customer received objections from the contractor regarding the unilateral refusal. The customer's message has been delivered and the performer has been notified. The procedure for unilateral termination of the contract has not been violated;
late placement of the customer's decision in the Unified information system is not a reason not to include information in the Register of unfair suppliers.the Purpose of placing such information in the system is to ensure the openness of public procurement, as well as their control.
Document: Resolution of the Arbitration court of the East Siberian district of 26.02.2020 in the case N a10-5113/2019