The FAS recalled what conclusions of judicial practice are taken into account when including a supplier in the RNP
FAS reminded the Department that to be considered when enabling a vendor in RNP in complex cases: the last term of a contract, the exit of the founder from the society at the time of breach of contract, the absence of EIS information on unilateral termination of the contract.
The customer decided to unilaterally cancel the contract when the contract has already expired
FAS said: when considering the inclusion of a supplier in the RNP, it is necessary to take into account:
-why exactly did the customer decide to terminate the contract due to non-performance or improper performance of the contract;
-whether the customer gave the supplier the opportunity to eliminate violations in accordance with part 14 of article 95 of the law N 44-FZ.
Whether the contract was still in effect at that time does not matter for inclusion in the RNP. The same position is held by the Supreme court: the expiration of the contract does not mean that the supplier cannot be included in the RNP (paragraph 1 of the Letter).
The founder, participant or shareholder was not part of the supplier's company at the time of the breach of contract
The FAS reminded that the constitutional court of the Russian Federation declared illegal the inclusion of a founder, participant or shareholder in the RNP if they were not part of the company at the time of the contract violation or evasion of its execution (paragraph 2 of the letter).
The customer violated the procedure for notifying the supplier of a unilateral refusal to perform the contract
According to law N 44-FZ, the customer must notify the supplier of the unilateral refusal to perform the contract as follows:
-by placing a decision on unilateral refusal in the EIS;
-by sending the decision by registered mail;
-in any other way that ensures that such notification is recorded and that the customer receives confirmation of its delivery to the supplier.
FAS recalled the position of the Supreme court: to terminate the contract, it is enough to deliver the message to the supplier in any way. Information is placed in the EIS for transparency and transparency of purchases (paragraph 3 of the letter).
Document: letter of the FAS of Russia dated 29.09.2020 N IA/84081/20