Federal Law No. 44 replaced Federal Law No. 94. The new regulatory act took into account practical experience in procurement. The improvement of the legislation is mainly aimed at providing protection to both the customer and the enterprises participating in the tenders and deriving their main income from this.
The updated Law provides for the ability
to check unscrupulous suppliers by register. 44- provides for the formation of a unified information base, which contains information about the entities that participated in the procurements, who won them, but who avoided concluding the contract. In addition, it contains data on persons whose contracts were terminated by a court order or in connection with the violations.
In the article, we consider the features of inclusion in the register of unscrupulous suppliers under 44-FZ .
General information
In accordance with 104 articles 44-FZ, the registry of unscrupulous suppliers should contain information not only about the organizations themselves. It should also contain data on their participants, information about which, as a rule, is given in the certificate of beneficiaries.
The legislation establishes the obligation of customers to send data to the FAS. A penalty is provided for failure to provide information in the Code of Administrative Offenses. Up to 15,000 rubles can be charged to officials, and up to 100 thousand rubles to legal entities.
It is worth saying that it is quite difficult to control the customer.
Organization Verification
The register of unscrupulous suppliers provided for in 44-FZ is located on the official website of the Unified procurement information system, in the "Customers" section.
To find out if the subject has the status of an unscrupulous supplier, you must enter the TIN or the name of the organization in the search field. Next you need to click on the search. The drop-down list will provide the necessary information.
In the advanced search settings, you can choose one of the laws: 223- or 44-. The registry of unscrupulous suppliers contains a large amount of information about each subject. Therefore, in the search fields you can indicate the country of origin, PPC, full name of the entrepreneur, the location of the person, the basis and date of entry of the data.
Also in the section "Customers" there is a hyperlink "Verification of legal entity / individual entrepreneur. You need to put a dot in front of the desired field, enter OGRIP or PSRN, PPC (for legal entities) and TIN. The system will display information about
Important point
The absence in the register of unscrupulous suppliers under 44-FZ the entity must declare. Previously, this could be done through the FAS website. The declaration was filed either in free form or in the form of a certificate. It could be prepared in an automated system on the FAS website "Register of dishonest suppliers" under 44- or 223-.
On the FAS website it was necessary to open the register, enter the name, TIN or F. I. O. of the organization. After that, information appeared about the absence or availability of information on an unscrupulous supplier in the registry under 44- or 223-. Next, you had to click "Print Help." Currently, all these actions can be carried out on the website of the Unified Information System in the field of procurement.
Entering Information
As established in paragraph 1 of Art. 104 44-, the register of unfair suppliers is maintained by the federal executive institute of power, which exercises control in the field of procurement. It is FAS. Entry into the register of unscrupulous suppliers under 44-FZ may be carried out by the regional subdivision of this controlling structure.
Information Base Objectives
The register of unscrupulous suppliers provided for in 44-FZ helps to reduce the number of failed contracts and excludes the participation of such persons in tenders.
Opening a tender, the customer has the right to include in the conditions of participation the requirement that the supplier information is not in the register. In any case, the person concerned can verify the information on their own. Information is stored for two years and is available free of charge.
Deleting an entry from the registry is only possible upon cancellation of the decision on the basis of which it was entered there.
Controversial cases
The risk of entering supplier information into the registry may be due to various reasons. In order to avoid negative consequences, business entities must promptly take protective measures.
For example, a draft contract is sent by the customer after the expiration of the time allotted for its signing. The supplier will have to prove that his guilt that the contract is not concluded, no. In such situations, the court usually takes the side of the procurement participant.
It happens that the contract came on time, but the supplier could not sign it due to technical problems, lack of electricity, Internet, etc. In order to prove the unintendedness of their actions, it is necessary to provide evidence of force majeure. For example, it can be a check about repairing a PC, a certificate from the Internet provider about a failure. The reason for not signing the contract must be valid. The customer gives the supplier at least 5 days to confirm the contract.
Interim Measures
The condition of providing a bank guarantee or depositing funds is present in almost all contracts. If the supplier has not fulfilled it within the time period specified in the tender documentation, then it may be included in the register.
With cash security, in general, everything is clear. As for the bank guarantee, difficulties may arise with it. For example, it was provided, but the customer’s text did not work. In such a situation, the supplier may well prove that there are no reasons for entering the register.
Improper performance of the contract
In case of violation of the terms of the contract, the customer has the right to file a lawsuit. If a decision is made in his favor, the supplier will be included in the register.
These consequences can be avoided if the order participant can prove that the contract was atypical and contained an arbitration clause.
The contract will still be terminated, but there will be no reason to enter information about the supplier in the register.
Unilateral cancellation of the contract
Among customers, this option to terminate the contract is not very popular. The fact is that the reasons for unilateral refusal must be proved in court.
The order of refusal is regulated by Art. 95 44-FZ. Provider information can only be included in the registry after certain procedures have been completed. The customer, first, must make an official decision to refuse the contract. Within three days, he sends it to the supplier. The decision will take effect only after 10 days. from the moment it is received by the supplier. If the latter eliminates the committed violations during this time, the customer will not be able to refuse the contract. At the same time, he is obliged to cancel his decision in accordance with paragraph 14 95 of Article 44-FZ.
What information is in the registry?
In RNP information is divided into several blocks for each supplier. The first block contains information about an unscrupulous supplier:
- Full and abbreviated name of the organization or full name of an individual entrepreneur.
- TIN or analogue of TIN issued in accordance with the provisions of the legislation of a foreign country.
- PPC.
- Country of origin.
The following block contains general information on the application for inclusion in the registry:
- The name of the authority that entered the information in the RNP.
- Reason for enabling recording.
- Registry number.
- Dates of inclusion and exclusion from the registry.
The following section provides information about the customer who submitted the application for entering information about the supplier in the registry:
- Name.
- INN
- PPC.
- Location address.
The next block is devoted to information on purchases. It contains information about:
- The number of the notice posted on the UIS website. If it is not published, there will be a mark in the corresponding line.
- Name of the order / purchase, identification code (if available).
- The method of placement / determination of the supplier. For example, it could be an electronic auction.
- The date of the organization of the procurement, the summing up of the request for quotations / offers or the tender, or the date of recognition of the auction as failed.
- Lot number.
- Name and details (number and date) of the supporting document.
The last section provides information about the contract. Here are indicated:
- The number of the registry entry.
- Contract value.
- Transaction currency.
- Date of signing the contract.
- The number of entries in the registry of contracts.
- Subject of the contract / object of purchase. Here indicate the name of the product, work or service.
- Planned due date.
- The date of termination of the contract.
- Grounds for termination of the contract.
Terms of sending information
If the procurement participant won first place, but declined and did not sign the contract, in connection with which the contract was concluded with the second winner, the customer is given 3 slaves. days for the preparation and sending of information about an unscrupulous supplier to the FAS.
If the business entity was recognized as the sole bidder, but did not sign the agreement, the customer can transfer the information to the FAS within five days. The calculation begins on the last day of the period allotted for the conclusion of the contract.
In case of violation of the procurement conditions recognized by the court as material, the winning party must send the information to the FAS within 10 days. Calculation starts from the date of drawing up and signing the decision to terminate the contract.
In any of these cases, the customer must send supporting documents. They may be extracts from the protocols, reflecting the winner’s refusal of the contract or the results of the procurement. Also, the customer can attach a copy of the court ruling, in accordance with which the contract is declared terminated, or a decision to refuse the contract with explanations justifying it.
Documents can be sent through the EIS in electronic form. Moreover, they must be certified by an enhanced digital signature. Information may also be sent on paper. In this case, sending is carried out by registered letter with an inventory.