Law No. 44-ФЗ. Registry of unscrupulous suppliers. Causes and effects of entering into it
The state order has always caused an increased interest among business entities. This was largely due to numerous publications about him. In previous years, the state order was regulated by Federal Law No. 94. However, it was replaced by44-ФЗ. Register of unscrupulous suppliers- One of the significant additions introduced in practice with the adoption of the new law. The regulatory framework has been significantly improved to provide increased protection not only for customers, but also for enterprises involved in transactions that are their main source of income. Consider next howentering into the register of unfair suppliers.
The law provides for the ability to track down unreliable business entities.For this, a special information base is created. According to44-FZ, Register of unscrupulous suppliersincludes data on the subjects involved in the procurement, winning on their results, but evading the conclusion of the contract sent to them by customers. Also in the information base there is information about the persons with whom the agreements were terminated in connection with the violation of the terms unilaterally or by a court order.
By44-FZ, Register of unscrupulous suppliersIt contains information not only about the companies themselves. The information database contains data about the founders of such organizations. In addition, it contains information about other subjects, which, as a rule, are indicated in the certificates of beneficiaries. The legislation establishes the obligation of customers to send the relevant information to the FAS. Subjects must remember that if they do not provide the necessary information, they face an administrative sanction. Today, the fine is 15 thousand rubles. - for employees, 100 thousand rubles. - for organizations.
Tasks and functions of the information base
Provided by44-ФЗ, register of unfair suppliers-enterprises that have not fulfilled their obligations, helps to reduce the risks of customers to disrupt the purchase. Violators of contractual terms are not allowed to participate in tenders. Currently, there is a mandatory item in the terms of purchase. Applicant is also providedHelp from the registry of unscrupulous suppliers. 44-ФЗestablishes that information about enterprises that have not fulfilled their obligations is kept for 2 years It is possible to view information for the entire period free of charge. Before the end of this time period, it is possible to exclude unscrupulous suppliers from the register. 44-ФЗ allows deletion of an entry only if an appropriate decision is made by an authorized state agency. It should cancel the decision, on the basis of which the information about the economic entity got into the information base.
Features data entry
The inclusion of information in the register is carried out by the FAS or the territorial executive body that implements the control functions in the field of procurement. Government Decision No. 1062 approved an explanation of the procedure for entering data intothe base. This regulation provides requirements for the method and sequence of registry maintenance.
Failure to sign a contract
The circumstances on which information enters the database are very different. For example, the draft contract is sent by the customer to the counterparty after the end of the signing period or the paper version of the agreement was delayed in transit due to the fault of the postal service. In such situations, the court usually takes the position of the second party. To avoid problems, experts recommend duplicating a scanned copy of the contract to the supplier’s email. Meanwhile, if the delay occurred due to circumstances independent of the second side (technical failure, lack of Internet connection, etc.), then the participant has every chance to prove the unintended nature of his behavior. To do this, the supplier must submit documents confirming force majeure. For example, it may be a check for computer repair, a certificate from the provider of failures and so on. It should be understood that the reason for missing the deadline must be valid. The signing of the contract is given not less than 5 days. Therefore, if the supplier waited for the last moment, and then force majeure occurred, then it is much more difficult to prove unintendedness.
Failure to provide warranty
In many contracts there is a mandatory clause on interim measures. If the supplier did not provide a bank guarantee or money in the agreed amount within the time period specified in the tender documents, then information about it is included in the register. From the financial aspect, everything is more or less clear. As for the bank guarantee, in practice there are some problems. For example, it can be provided, but the customer did not accept its text. In this case, there is no fault of the supplier. It is quite possible to prove in court.
Non-fulfillment of contract terms
Customers in such situations often send applications to the court. If the decision on the dispute is made not in favor of the supplier, and it comes into effect, inclusion in the register can be avoided under certain conditions: if the agreement was atypical and an arbitration clause was present. It is worth saying that the contract will be terminated in any case. However, there will be no reason to enter information into the registry.
This option of termination of the contract is considered quite time-consuming. This is due to the need to prove in court the lawfulness of the refusal.Article 95, part 12 of the Law requires the customer to correctly execute the procedure for unilateral withdrawal from the transaction. He must send his decision to the supplier. It is recommended to do this by registered letter with notice of delivery. The decision on unilateral refusal can be executed only after 10 days. If the supplier corrects the violations during this time, satisfies the claims, the customer cancels his decision.
Extract from the register of unscrupulous suppliers
44-FZ establishes a list of information to which stakeholders have free access. If desired, they can print them. The following data is entered into the information base:
- Number, date of inclusion in the registry.
- The name of the authorized control structure that added the appropriate entry.
- The official name of the organization (full name of the individual) and the TIN of the supplier and its founder.
- Details of the document reflecting the results of the procurement (protocol), if the entity that won the tender did not sign the contract, evaded its execution. If the agreement was subsequently terminated, the date of its conclusion is also indicated.
- Subject of contract.
- Purchase ID.
- Details of the document in accordance with which the contract was terminated. The reasons for the termination of the transaction are also indicated.
If the participant who won the tender evaded and did not enter into a contract, as a result of which he was signed with the second place winner, the customer prepares the information to be entered intoRegister of unscrupulous suppliers (44-ФЗ). Termfor this - 3 days (working). The information is sent to the FAS. If the winning participant was the only supplier, but declined to sign the agreement, the customer has 5 days to prepare and send the information. The calculation of the period starts from the date when the period for the execution of the contract expires. If the supplier has violated the terms of the signed contract, the customer needs to send information within 10 days.