The Ministry of Finance has proposed new rules for conducting RNP in public procurement
From July 1, the procedure for sending data to the RNP changes. The Agency has developed new rules for maintaining the register instead of the existing ones. Customers will prepare an appeal to the control body. The project provided for its form and order of direction. Read more in the review.
Submission of a request for inclusion of information in the RNP
In the case of electronic procurement, the request must be generated in electronic form (p. 5 of the draft rules). For some cases, a paper document flow is provided, for example, for a competition with limited participation (p. 8 of the draft rules). In this case, the appeal is prepared according to the form from Appendix N 1 to the draft rules
The request should be sent to the territorial control authority at the location of the customer (p. 2 of the draft rules). To do this, there are 3 working days from the date of recognition of the procurement participant as having evaded the conclusion of the contract, or the latter's unilateral or judicial termination.
In some cases, the appeal is sent to other authorized bodies. For example, to the central office of the FAS at a purchase price of 1 billion rubles (p. 2 of the draft rules).
The draft contains a list of information and documents to apply for (p. 2-5 of the draft rules). Some of them are generated automatically, for example, about the purchase, selectively about the participant or supplier. If the appeal is made correctly, the EIS itself will send it to the controllers no later than one hour after it is signed by an enhanced qualified EP (p.6 of the draft rules).
If errors are found in the request, the controllers will send a notification in the form of Appendix N 2 to the draft rules. To eliminate them, there are 2 working days after the day of receipt of the notification (p. 7 and 9 of the draft rules). Otherwise, the appeal will not be considered, and they may also initiate a case on an administrative offense.
You can't withdraw the request.
Consideration of the application and decision-making
The supervisors have 5 working days from the day following the day of receipt of the application to review the application and make a decision. If you send an appeal outside the jurisdiction, the procedure will take longer (p. 10 of the draft rules).
They want to establish the reasons why the information will not be included in the RNP. So, if the basis of the appeal is evasion from the conclusion of the contract, the reason may be a violation of the procurement legislation when determining the supplier. In case of unilateral refusal-violation of the procedure for such refusal (p. 11 of the draft rules).
The controllers will inform about their decision in the same way as the appeal was sent (p. 12 of the draft rules). As before, when you include the information in the registry, they will create an entry. When determining the date of inclusion in the RNP, the time zone of the controllers is taken into account (p. 13 of the draft rules).
Exclusion of information from the RNP
The information will be excluded from the RNP after 2 years from the date when the controllers had the obligation to include the information in the register, and not from the date of its entry in the RNP (p. 13 of the draft rules).
The public discussion of the project ends on May 21.
Document:
Draft resolution of the Government of the Russian Federation