The nuances of checking for compliance with the mandatory requirements of procurement participants under Law No. 44-FZ are explained
In a letter prepared by specialists of the Ministry of Finance of the Russian Federation, in particular, it is noted that the Rules for registration of procurement participants in the EIS, approved by Decree of the Government of the Russian Federation No. 60 dated 01/27/2022 (hereinafter referred to as the Rules), do not allow registration in the EIS of a participant - a legal entity whose place of registration is an offshore zone. In case of receiving information about the inclusion of the country of registration in the offshore zone, the Treasury of Russia excludes a procurement participant from the register of participants and terminates the registration of such a participant in the EIS. When verifying the affiliation of a foreign legal entity to an "offshore" entity, technological means of the EIS are used.
It is also emphasized that when conducting electronic procedures, the verification of participants for compliance with the requirements specified in paragraph 10, part 1, Article 31 of Law No. 44-FZ is the right of the customer's commission.
In addition, in order to register foreign agents, the Ministry of Justice of the Russian Federation maintains a register of foreign agents, which is posted on the official website of the Ministry. Therefore, to verify the compliance of the procurement participant with the requirements established, including paragraph 10.1, Part 1, Article 31 of Law No. 44-FZ, the commission uses the information contained in the register of foreign agents.
To verify the compliance of participants on issues that are not included in the documents sent by the participant, the customer takes reasonable and lawful measures depending on him.
Document: Letter of the Ministry of Finance of the Russian Federation dated January 25, 2024 N 24-06-07/5751.
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