It is explained in which cases the customer is obliged to make a decision on unilateral cancellation of the contract
22 January 2025, Wednesday
In a letter prepared by representatives of the antimonopoly authority, it is explained that if, during the execution of the contract, it is established that the procurement participant has ceased to comply with the requirements of art. 31 of Law No. 44-FZ (with the exception of the requirement not to include information about him in the RNP) or has provided false information about his compliance with these requirements, the customer is obliged to make a decision on unilateral refusal from the execution of the contract, as well as send an appropriate request for the inclusion of information about the counterparty in the RNP.
Recall that by virtue of Part 15 of Article 95 of Law No. 44-FZ, the customer is obliged to make a decision on unilateral cancellation of the contract, even if this was not provided for in the contract, in the following cases:
- if, during the execution of the contract, it is established that the counterparty and the delivered goods no longer meet the requirements established by the notification for the participants in the purchase and the delivered goods.;
- if, during the execution of the contract, it is established that, when determining the counterparty, the latter provided false information about its compliance and the compliance of the delivered goods with the requirements specified in the notification.;
- if, as a result of the reorganization of the contractor (contractor), his rights and obligations under the contract have passed to a newly formed legal entity registered in the territory of a foreign state, in respect of which a ban, restriction, or advantage has been established for the procurement of works, services, respectively performed or provided by foreign persons, and the contractor (contractor) was a Russian person;
- if, during the execution of a contract concluded in accordance with clause 47, Part 1, Article 93 of Law No. 44-FZ for the supply of goods, the production of which has been established or modernized and mastered on the territory of the Russian Federation in accordance with a special investment contract, such contract is terminated;
– if, during the execution of the contract concluded in accordance with clause 48, Part 1, Article 93 of Law No. 44-FZ, the contract with counter-investment obligations concluded in accordance with Article 111.4 of Law No. 44-FZ is terminated.
Document: Letter from the Federal Antimonopoly Service of Russia dated January 9, 2025 No. 28/289/25
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