The control body made a delay — an unscrupulous supplier challenged the deadline for inclusion in the RNP
The customer refused to perform the contract unilaterally because the supplier violated the terms of the contract. The FAS decided to include information about the supplier in the RNP, but this happened only a few months later.
The supplier appealed the decision of the Supervisory authority. The court supported the plaintiff in terms of terms: the late inclusion of information about the supplier in the RNP violates its rights. So, if the decision to include an organization in the RNP was made on August 8, 2019, the FAS should have included the information in the register no later than August 13 of the same year. However, this happened only on October 11, which is why the organization could not count on timely deletion of the entry from the register. The court ordered the FAS to exclude information from the RNP in the correct period, taking into account the violation, that is, on August 13, 2021.
The subsequent instance has left this decision without changes.
Earlier, the Federal Antimonopoly service also noted that if a bidder or contract performer is included in the RNP with a delay, it will still be excluded from the register two years from the day when it should have been included in it.
Document: Resolution of the AC of the far Eastern district of 15.10.2020 N F03-4145/2020 in the case N A73-22259/2019