UFAS did not include a supplier who violated the state contract due to coronavirus in the RNP
Under the terms of the state contract, the organization had to deliver the goods in batches at the request of the customer from June 25, 2019 to may 29, 2020. The supplier had 5 working days to complete the request from the moment it was received.
According to the January request of the customer, the organization supplied medical masks and caps, and in February it was unable to fulfill the request. In response to the repeated request, the supplier said in a letter that due to the risk of a coronavirus epidemic, medical masks will not be delivered in the near future. The organization put other positions later.
The customer terminated the contract unilaterally and sent the information to the control body for inclusion of the supplier in the RNP. In response to the request of the FAS, the organization sent written explanations and correspondence with the suppliers of masks, which confirmed that the supply of masks was suspended indefinitely.
The FAS did not include the supplier in the RNP for the following reasons:
prior to the coronavirus situation, he fulfilled the terms of the contract without violation;
even in the current situation in the country, the supplier took the necessary actions to fulfill its obligations, including promptly contacting other suppliers;
the supplier partially fulfilled the requests based on which the customer terminated the contract and sent the information for inclusion in the RFP.
Recall that the FAS, the Ministry of Finance and the Ministry of emergency situations recognized the spread of coronavirus as a force majeure.
Document: Decision of the Yaroslavl UFAS of Russia from 15.04.2020 in the case N 05-03 / 47P-20(76-43)