Register of unscrupulous contractors under Federal Law No. 44: the courts did not support the rejection of the application of an unscrupulous contractor
The notification required that information about the participants in the purchase should not be in the register of unscrupulous suppliers (contractors, performers). The customer found information about one of them in the register of unscrupulous overhaul contractors and rejected the application. The participant complained to the Office of the Federal Antimonopoly Service.
The supervisors and the courts did not support the customer's approach:
• according to Federal Law No. 44, a separate register of unscrupulous suppliers (contractors, performers) is maintained. Government customers have the right to demand that the data on the counterparty is not only in this register. At the time of consideration of applications, information about the applicant was not included in it;
• the customer mistakenly took into account the data of another resource. Open sources made it possible to determine which register the participant of the purchase was included in. His application should not have been rejected.
The Supreme Court of the Russian Federation did not review the case.
It should be noted that it is not necessary to remove a participant in public procurement, including if data about him is in the register of unscrupulous suppliers (contractors, performers) under Federal Law No. 223. The St. Petersburg and Ulyanovsk Departments of the Federal Antimonopoly Service came to this conclusion.
Document: Ruling of the Supreme Court of the Russian Federation dated 11/17/2023 N 304-ES23-22593
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