Unscrupulous contractor. Register of unscrupulous suppliers

The management set the task of finding a way to publish about the bad faith of the counterparty who violated the terms of the contract. Question: is there a similar official website of regulatory authorities (Rospotrebnadzor, etc.) on the Internet where a “register” or “list” of legal entities that do not fulfill their contractual obligations is posted, i.e. unscrupulous counterparties. if such exists, please provide the conditions and procedure for submitting an application (application) for placement on such a list of a counterparty who has caused us a lot of inconvenience with his dishonest actions, including lost profits, and this also had a negative impact on our reputation

Answer

Currently, lists of unscrupulous legal entities that do not fulfill their contractual obligations are not published on the official websites of regulatory authorities (with the exception of the FAS, which maintains a register of unscrupulous suppliers in the field of public procurement).

In the field of procurement of goods, works, and services to meet state and municipal needs, the Government of the Russian Federation has approved maintaining a register of unscrupulous suppliers (contractors, performers).

From the financial statements, in particular, you can obtain information about the amount of borrowed funds, what transaction will be considered large for the organization, etc. However, there is a risk that Rosstat will not be able to provide the necessary information about the counterparty. The fact is that the fine for failure to provide information on financial statements to Rosstat is small, so it may turn out that a potential counterparty has not fulfilled the obligation to provide its statements to Rosstat.

In addition, information on the size of the authorized capital, increases and decreases in authorized capital, the value of the net assets of a legal entity that is a joint-stock company or a limited liability company as of the last reporting date can be viewed in the Unified Federal Register of Information on the Facts of the Activity of Legal Entities. Access to this resource is free. To obtain the necessary information, you need to enter the company name, INN, OGRN or location of the organization. However, there is a risk that information about the value of the legal entity’s net assets will not be in the specified register. This is due to the fact that the law does not yet provide for liability for an organization’s failure to provide this information. For this reason, legal entities often ignore the obligation to enter the specified information into the Unified Federal Register of Information on the Facts of the Activities of Legal Entities.

In addition, if necessary, you can check what types of activities the potential counterparty carries out.”

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Register of unscrupulous suppliers. Disadvantages of legislative regulation

Federal Law of December 28, 2013 N 396-FZ)

(see text in previous)

(clause 2 as amended by Federal Law dated December 31, 2017 N 504-FZ)

(see text in previous)

(Part 4 as amended by Federal Law dated December 31, 2017 N 504-FZ)

(see text in previous)

(Part 5 as amended by Federal Law dated December 31, 2017 N 504-FZ)

(see text in previous)

The procedure for maintaining a register of unscrupulous suppliers, including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of a register of unscrupulous suppliers, is established by the Government of the Russian Federation.

<< Статья 103. Реестр контрактов, заключенных заказчиками

Chapter 6. Appeal against actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, a contract service official, a contract manager, an operator of an electronic platform, an operator of a specialized electronic platform >>

In the conditions of the vast majority of purchases under 44-FZ and 223-FZ, it is stated that bidders should not be included in the Register of Unscrupulous Suppliers. In our article we will look at why this register is needed, who maintains it, how it is replenished, and what the consequences of being on this list are.

The Register of Unscrupulous Suppliers (abbreviated as RNP) is a list of contractors who, for whatever reason, have been blacklisted, open to anyone. There are two separate registers - according to 44-FZ and 223-FZ, which are maintained according to the same rules.

Who runs the RNP?

The register of unscrupulous suppliers is managed by the executive body responsible for control over procurement - the Federal Antimonopoly Service (FAS). Until 2014, the Register was even located on its official website, but when the imminent appearance of the Unified Information System was announced, the Register was moved to the official website of public procurement, where it is still located.

Who is recognized as an unscrupulous supplier?

According to the law, there are three situations in which a contracting company must be found to be dishonest. It should be clarified that the customer is not only able to report such a supplier, but is obliged by law. That is, if he hides information about the company that committed the fine, he himself may be punished by the FAS.

1. Evasion of the winning bidder from concluding a contract.

If the auction was carried out according to all the rules, and the winner refused to enter into an agreement, then the customer is obliged to sign it with the so-called “second winner”. After this, within 3 working days, he must collect and send to the FAS documents and information about the evading contractor, so that this becomes the basis for concluding a contract with the second winner.

2. Evasion of the sole bidder from concluding a contract.

The situation is similar to the first one.

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In it, the customer also collects documents and sends them to the FAS, only he has a little more time - 5 days from the date of expiration of the expected conclusion of the contract.

3. Termination of the contract by the customer.

The customer has the right to terminate the contract if the supplier does not fulfill it after signing or performs it, but in bad faith. In this case, he can refer to the terms of the contract or resolve the matter in court. Then the customer also has 3 working days to collect all the information and send it to the FAS,

Documentation

Documents can be sent to the FAS in two ways: in paper form with the customer’s signature or in electronic form - with an electronic signature. In both cases, you must attach a cover letter, which will list the entire list of attached documents.

The customer collects and sends the following documents and information to the Federal Antimonopoly Service:

Name and legal address of the legal entity, TIN.
Full name of the founders.
If the winner or the only procurement participant avoided concluding the contract - the date of the auction.
If the contract was not performed or performed improperly - the date of conclusion of the contract, the date of termination of the contract and the grounds for this action.
Contract price, procurement object and execution period.
Since 2017 - procurement identification code.

If the package of documents is incomplete, the FAS will return them within 3 working days without review, indicating exactly what is missing.

If the package of documents is approved, the FAS will consider the application within 10 days, after which it will announce its decision. During this period, the supplier can, in turn, provide supporting documents to the FAS.

Period of stay in the register

All companies are included in the RPN for a period of 2 calendar years. During this period, it is impossible to leave the list, even if you manage to conclude new contracts and fulfill them flawlessly. However, this will be difficult, if not almost impossible.

You can only leave the list by a court decision if you provide evidence to the court that inclusion in the Register was illegal or did not go according to the rules.

What is the threat?

At the beginning of our article, we said that the condition of absence from the Register of Unscrupulous Suppliers is present in almost every procurement. Indeed, customers prefer not to deal with contractors who have made mistakes, so getting into the on-load tap-changer is a serious blow to their reputation. It is possible that after being included in this list, you will have to completely forget about procurement for 2 years.

To avoid being included in the Register of Unscrupulous Suppliers, we recommend that you pay close attention to every detail in the complex process of government and other procurement. The RosTender company is always ready to help you in this difficult matter, and in addition, we can help you correctly file an appeal against the FAS decision in court if you have already been included in the RPN! Call!

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Register of unscrupulous suppliers under 44-FZ and 223-FZ: what is it and how to avoid getting into it?

Probably everyone who has encountered public procurement has heard about the concept "unscrupulous supplier", and even more so, has a fear of being included in the register. So what is it and how not to get there, and if you suddenly get there, how to get out? Let's figure it out.

an information resource that includes those procurement participants who, in case of victory, evaded concluding a contract, or were removed by the court due to gross violations.

At first glance, there seems to be nothing wrong, however, for a person included in this register, government procurement becomes an unattainable goal at a certain point. That is, such a “supplier” is deprived of the opportunity participation in tenders for the implementation of state and municipal needs.

The likelihood of being included in the register is a fairly effective measure of influence and encourages the procurement participant to treat the auction in good faith.

Why does RNP have such influence? Let's answer this question!

the register is created and filled out by an authoritative executive body - Federal Antimonopoly Service of the Russian Federation
information about unscrupulous suppliers is open and publicly available. Anyone can see who is included in this “shameful list”
this was mentioned above, but let’s say it again, since this is the MOST important consequence of inclusion in the list - the inability to participate in the auction
The very fact of being included in the register indicates the supplier’s dishonesty.

We note the fact that information entered into the register about a participant is deleted after 2 years from the date the data was entered.

How do they get into the RNP?

Documents for inclusion of a participant in the register are prepared and drawn up by the Customer, then he submits them to the control body ( OFAS)
The OFAS reviews the data provided by the Customer and makes a decision on inclusion/non-inclusion in the register.

What can help the Customer make such a decision?

The winner avoided concluding a contract, in this case the contract is concluded with the second participant, and documents for the “winner” are prepared at the Federal Antimonopoly Service within 3 working days from the date of conclusion of the contract
The only participant deviated from concluding the contract.

In this case, the Customer sends the documents to the OFAS within 5 working days
If the Customer terminates the contract with the supplier at the stage of execution of the contract or at its end in case of gross violations. In this case, the Customer sends documents to the Federal Antimonopoly Service within 3 working days from the date of termination of the contract

How to get out of the register of unscrupulous suppliers?

Unfortunately, there is no way other than court. No matter what contracts you have previously fulfilled, no matter how conscientiously and on time, if you are included in the register, then you will be “out of work” for 2 years.

The only way to leave early is based on a court decision.

So, a guarantee for not being included in the register can only be competent and professional support for the conclusion of the contract, and, if necessary, its termination. Our lawyers can always help you conclude the right contract, and, if necessary, defend Your interests in a court

The Register of Unscrupulous Contractors in the Field of Major Repairs has been published

If the winning bidder fulfilled the terms of the contract in bad faith or avoided concluding it, he will be included in the register of unscrupulous suppliers. We tell you how participants in the contract system can check whether information about the supplier is on this “black list”.

What is RNP

When violating the essential terms of the contract as part of the execution of a government order, the supplier must know that these actions will not go unnoticed. The legislator has provided penalties for a negligent participant who:

Having won the tender, he avoided concluding a contract.
Having concluded a contract, he fulfilled its terms in bad faith (delivered goods of inadequate quality, repeatedly violated delivery deadlines, etc.). However, the customer subsequently terminated the contract unilaterally or by court decision.

In any of these cases, the customer is obliged to contact the Federal Antimonopoly Service, which will decide on the reasons for the unfair behavior of the procurement party, the nature of intent and the advisability of including this participant in the RNP 44-FZ.

If the FAS considers valid reasons for the performer’s actions, the participant will not be included in the register. Otherwise, the consequences of negligent actions will be the inclusion of the participant in the so-called “black list” for 2 years. This threatens this person with the fact that he and his director and founders will not be able to participate in certain government procurements during the specified period.

For example, Romashka LLC, having been included in the list of unscrupulous persons, cannot submit applications for state tenders for 2 years. The founder or director, knowing this fact, opens a new company: Tsvetok LLC. However, information about these individuals is still on the list and it will not be possible to circumvent the law.

Previously, there were 2 separate registers: RNP FAS, GOV RU - a register of unscrupulous suppliers. At the moment, a single database has been created only for the Unified Information System.

How to check availability

Initially, when publishing a purchase, the customer establishes in the documentation a requirement that information is not included in the list. Let us clarify that this is his right to protection from unreliable counterparties, and not an obligation. If this condition is established, the supplier is not entitled to submit an application or, having submitted it, must be rejected.

Using RNP (official website) it is very easy to check the supplier.

Step 1. Open the RNP register, the official website is located in the Unified Information System (UIS) database.

Step 2. Go to the “Monitoring, audit and control” section.

Step 3. Enter the contractor’s TIN in the search bar (the UIS filter also contains other parameters).

Step 4. If the participant is a legal entity, enter the TIN of the founders, members of collegial executive bodies (board of directors), persons performing the functions of the sole executive body (management company, director).

Article 104.

List of unscrupulous suppliers (contractors)

1. The register of unscrupulous suppliers (contractors, performers) is maintained by the federal executive body authorized to exercise control in the field of procurement.

2. The register of unscrupulous suppliers includes information about procurement participants who evaded concluding contracts, as well as about suppliers (contractors, performers) with whom contracts were terminated by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract due to a significant violation of the terms by them contracts.

3. The register of unscrupulous suppliers includes the following information:

1) name, company name (if any), location (for a legal entity), last name, first name, patronymic (if available), taxpayer identification number or for a foreign person in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number of the persons indicated in part 2 of this article;

2) name, taxpayer identification number of a legal entity or for a foreign person, in accordance with the legislation of the relevant foreign state, an analogue of the taxpayer identification number that is the founder of the legal entity specified in part 2 of this article (except for public legal entities), surname, first name, patronymic (if any) founders, members of collegial executive bodies, persons performing the functions of the sole executive body of legal entities specified in part 2 of this article;

3) the date of an electronic auction, summing up the results of an open tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in the event that the winner of the determination of the supplier (contractor, performer) evaded concluding a contract, the date of recognition of a failed procurement in which the only the procurement participant who submitted the application, the final offer or was recognized as the only procurement participant, evaded or refused to conclude the contract, the date of conclusion of the unfulfilled or improperly executed contract;

4) the object of procurement, the price of the contract and the deadline for its execution;

5) procurement identification code;

6) the grounds and date of termination of the contract in the event of its termination by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract;

7) the date of entering the specified information into the register of unscrupulous suppliers.

4. If the winner of the determination of the supplier (contractor, performer) is recognized as having evaded concluding the contract, the customer, within three working days from the date the winner is recognized as having evaded concluding the contract, sends to the control body in the field of procurement the information provided for in paragraphs 1 - 3 of part 3 of this article, as well as documents indicating the winner’s evasion from concluding a contract.

5. If a procurement participant with whom a contract is concluded in the cases provided for in paragraphs 24, 25 - 25.3 of Part 1 of Article 93 of this Federal Law has evaded concluding a contract, the customer, within three working days from the date such a procurement participant is recognized as having evaded conclusion of a contract, sends to the federal executive body authorized to exercise control in the field of procurement, the information provided for in paragraphs 1 - 3 of part 3 of this article, as well as documents indicating evasion from concluding a contract.

6. In the event of termination of a contract by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract, the customer, within three working days from the date of termination of the contract, sends to the federal executive body authorized to exercise control in the field of procurement the information provided for in Part 3 of this article , as well as a copy of the court decision to terminate the contract or a written justification of the reasons for the customer’s unilateral refusal to fulfill the contract.

7. Within ten working days from the date of receipt of the documents and information specified in parts 4 - 6 of this article, the federal executive body authorized to exercise control in the field of procurement shall verify the facts contained in these documents and information. If the accuracy of these facts is confirmed, the federal executive body authorized to exercise control in the field of procurement includes the information provided for in Part 3 of this article in the register of unscrupulous suppliers within three working days from the date of confirmation of these facts.

8. The information contained in the register of unscrupulous suppliers is placed in a unified information system and should be available for review without charging a fee.

9. The information provided for in Part 3 of this article is excluded from the said register after two years from the date of its inclusion in the register of unscrupulous suppliers.

10. The procedure for maintaining the register of unscrupulous suppliers, including the requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of the register of unscrupulous suppliers, is established by the Government of the Russian Federation.

11. Inclusion in the register of unscrupulous suppliers of information about a procurement participant who has evaded concluding a contract, about a supplier (contractor, performer) with whom the contract was terminated by a court decision or in the event of a unilateral refusal of the customer to fulfill the contract, information contained in the register of unscrupulous suppliers, non-fulfillment actions provided for in Part 9 of this article may be appealed by the interested person in court.

FAS register of unscrupulous suppliers

The supervisory body responsible for reviewing customer complaints filed against unscrupulous performers and maintaining the register is the Federal Antimonopoly Service (FAS). And in the regions there are local territorial bodies.

Reasons for inclusion in this list may include the following:

refusal and evasion of the supplier from fulfilling or concluding a contract;

the customer going to court and the court making a decision to terminate the contract on the basis of serious violations on the part of the contractor;

refusal on the part of the customer to fulfill the contract, due to violation of the terms of the contract on the part of the contractor.

Register of Unscrupulous Suppliers - official website

Information about companies included in this database, in accordance with Art. 104 44-FZ should be posted on a single information portal and be available to everyone free of charge.

The official website of the register of unscrupulous suppliers in the Unified Information System is http://zakupki.gov.ru

Many customers make it a mandatory condition for participation in tenders that the contractor not be on the register.

Video: how to avoid inclusion in the RNP

Register of unscrupulous suppliers according to 44-FZ

This register contains the following information about these enterprises or individuals:

Number and date of recording information about the company (individual) in the register.
The authorized body that included the unscrupulous performer in the register.
Information about the supplier, contractor and its location, namely: legal name. person or full name of individual faces; country, index, name of territorial unit, city, locality, street, number of building, house, apartment or office; TIN of an individual or legal entity.
Information about the auction: the date of the auction, summing up the results or declaring it invalid and details of the document confirming this fact.
Contract details:
— date of conclusion of the unfulfilled contract (if present);
—name of the goods, works or services for which the contract was intended;
— OKVED code of goods (works or services);
— price and currency of the contract;
- the period within which the contract must be executed.
The reasons for which the decision to terminate the contract was made.
Date of termination of the contract.

Inclusion in the register of unscrupulous suppliers threatens the contractor with a significant reduction in tenders, in which he will be able to participate for 2 years from the date of his inclusion in the list. But in addition to bidding under 44-FZ, there are also commercial tenders and procurement under 223-FZ. Those. if the customer in the documentation did not indicate a clear restriction for participants from the RNP under 44-FZ, then the contractor can submit an application for such a purchase.

Important: If the organizer or founder of a company included in the RNP submits an application for participation as an individual or individual entrepreneur, then, based on the instructions of the Ministry of Finance, such an application should be rejected.

This applies only to those cases where the customer establishes a requirement that the contractor be absent from the register of unscrupulous suppliers.

It is possible to remove it from this list prematurely if a court decision made against this organization (or individual) is canceled.

This period can only be reduced if the counterparty was included in the register by court decision.

Register of unscrupulous suppliers 223-FZ

Federal Law No. 223 does not have clear requirements for contractor companies regarding their involvement in the register. But often customers have a requirement in their documentation that the counterparty is not on this list.

The customer can independently check the supplier at any time for his integrity in relation to concluded transactions. Therefore, it makes no sense to take part in tenders under 223-FZ, the documentation of which contains a clause stating that the contractor is not in the register of unscrupulous performers.

Algorithm for adding a contractor to the RNP

Depending on the situation, the customer's actions differ slightly. Let's consider each of the situations in detail:

Cancellation (termination) of a contract through the court or refusal to perform the contract by the customer. The customer, within 3 days from the date of termination of the contract, must send to the FAS the data corresponding to Part 3 of Art. 104 FZ-44, as well as a court decision (its copy) or a letter justifying the reasons for the customer’s refusal to cooperate with this supplier.
If it is planned to conclude an agreement with a procurement participant next on the list after the rejected winner, then the customer must send information to the FAS (clauses 1-3, part 3, article 104) no later than three working days from the date of conclusion of the agreement with participant number 2. It is also necessary to attach an extract from the protocol of consideration of applications, the protocol of the auction, or any other documents that indicate the winner’s refusal to sign the contract.
The third case involves avoidance of signing the contract by the only procurement participant. In this situation, the customer, within 5 working days after the expiration of the deadline for signing the contract, sends information to the FAS (clauses 1-3, part 3, article 104) and attaches an extract from the protocol for considering the application, the protocol for the tender and other documents that may confirm that the only contractor refused to conclude the contract.

After the documents are received by the FAS, employees of this institution must review the facts presented in the documentation within 10 working days and make a decision.

If the information is not enough to make a decision, then a notification is sent to the customer within 3 working days from the date of receipt of the FAS data. And the customer is given another 3 days to contact the service to provide the missing information. If information about the contractor’s dishonesty is confirmed, then within three days the FAS includes this contractor in the register of dishonest suppliers.

Sanctions for providing false information

If providing information about an unscrupulous supplier is a necessary legal action within the framework of the contract being concluded, then you should not forget or ignore this action. Because failure to provide this information entails penalties (in accordance with the Code of Administrative Offenses of the Russian Federation, Article 19.7.2.) in the amount of: for officials 15,000 rubles; for legal entities persons - 100,000 rub.

The data in the article is current at the time of writing; for more complete and up-to-date information, follow the legal norms of the Russian Federation.

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The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation

Revisions of the document have been prepared with changes that have not entered into force

Federal Law of 04/05/2013 N 44-FZ (as amended on 06/27/2019) “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (as amended and supplemented, came into force from 01.10.2019)

Article 104. Register of unscrupulous suppliers (contractors, performers)

1. The register of unscrupulous suppliers (contractors, performers) is maintained by the federal executive body authorized to exercise control in the field of procurement.

3. The register of unscrupulous suppliers includes the following information:

(see text in the previous edition)

4) the object of procurement, the price of the contract and the deadline for its execution;

5) procurement identification code;

6) the grounds and date of termination of the contract in the event of its termination by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract;

7) the date of entering the specified information into the register of unscrupulous suppliers.

(see text in the previous edition)

5. If a procurement participant with whom a contract is concluded in the cases provided for in paragraphs 24, - 25.3 of Part 1 of Article 93 of this Federal Law, has evaded concluding a contract, the customer, within three working days from the date of recognition of such procurement participant as having evaded the conclusion the contract sends to the federal executive body authorized to exercise control in the field of procurement, the information provided for in paragraphs 1 - 3 of part 3 of this article, as well as documents indicating evasion from concluding a contract.

(see text in the previous edition)

7. Within five working days from the date of receipt of the documents and information specified in parts 4 of this article, the federal executive body authorized to exercise control in the field of procurement shall verify the facts contained in these documents and information. If the accuracy of these facts is confirmed, the federal executive body authorized to exercise control in the field of procurement includes the information provided for in Part 3 of this article in the register of unscrupulous suppliers within three working days from the date of confirmation of these facts.

(see text in the previous edition)

Accounting

Answer

Register of unscrupulous suppliers. Disadvantages of legislative regulation

Who runs the RNP?

Who is recognized as an unscrupulous supplier?

Primary Menu

Documentation

Period of stay in the register

What is the threat?

With us, EVERYTHING can be solved very SIMPLY!

Register of unscrupulous suppliers under 44-FZ and 223-FZ: what is it and how to avoid getting into it?

The Register of Unscrupulous Contractors in the Field of Major Repairs has been published

What is RNP

How to check availability

List of unscrupulous suppliers (contractors)

More articles on the topic

FAS register of unscrupulous suppliers

Register of Unscrupulous Suppliers - official website

The official website of the register of unscrupulous suppliers in the Unified Information System is http://zakupki.gov.ru

Video: how to avoid inclusion in the RNP

Register of unscrupulous suppliers according to 44-FZ

Register of unscrupulous suppliers 223-FZ

Algorithm for adding a contractor to the RNP

Sanctions for providing false information

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