Licensing Regulation 1062 dated 03.10. Government of the Russian Federation
GOVERNMENT OF THE RUSSIAN FEDERATION
ABOUT ORDER
MAINTAINING A REGISTER OF UNCONSCIOUS SUPPLIERS
(CONTRACTORS, PERFORMERS)
(as amended by the Decrees of the Government of the Russian Federation dated October 20, 2014 № 1083, dated 12/25/2014 № 1489)
1. These Rules establish the procedure for maintaining a register of unscrupulous suppliers (contractors, performers) (hereinafter referred to as the register), including requirements for technological, software, linguistic, legal and organizational means of ensuring the maintenance of the register.
2. The concepts and their definitions used in these Rules correspond to those adopted in the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Federal Law).
3. The register is maintained in in electronic format. The information contained in the register must be publicly available for review without charge.
4. Maintaining the register, including inclusion (exclusion) in the register of information about unscrupulous suppliers (contractors, performers), is carried out by the Federal Antimonopoly Service (hereinafter referred to as the authorized body). Inclusion of information in the register is carried out taking into account the requirements of the legislation of the Russian Federation on the protection of state secrets.
5. Information and documents about unscrupulous suppliers (contractors, performers), submitted by customers in written or electronic form, are stored authorized body in accordance with the legislation of the Russian Federation on archival matters and on the protection of state secrets.
6. If the contract is concluded with a procurement participant with whom, in accordance with the Federal Law, a contract is concluded when the winner of the determination of the supplier (contractor, performer) evades concluding the contract and whose application or proposal is assigned a second number, the customer within 3 working days from the date conclusion of such a contract with the specified procurement participant sends to the authorized body the information and documents provided for part 4 of article 104 Federal Law.
7. If the only procurement participant who submitted an application or proposal and with whom the contract is concluded in the cases provided for paragraphs 24 and 25 of part 1 of article 93 Federal Law, has evaded concluding a contract, the customer, within 5 working days from the date of expiration of the contract signing period specified in the procurement documentation, sends to the authorized body the information and documents provided for part 5 of article 104 Federal Law.
8. In the event of termination of the contract by a court decision or in the event of a unilateral refusal by the customer to fulfill the contract, the customer, within 3 working days from the date of termination of the contract, sends to the authorized body the information and documents provided for part 6 of article 104 Federal Law.
9. Information and documents provided for in paragraphs 6 - 8 of these Rules are sent by the customer to the authorized body on paper with a covering letter signed by an authorized official of the customer or in electronic form (including using a single information system in the field of procurement), bearing in mind that this information must be signed by the specified official using an electronic signature. Covering letter must contain a list of attached documents.
10. The authorized body checks the availability of information and documents provided by the customer in accordance with paragraph 9 of these Rules.
If not all information and documents are submitted, the authorized body returns them to the customer within 3 working days from the date of their receipt, indicating the reasons for the return and the need to send such information and documents in the composition provided for in paragraphs 6 - 8 of these Rules, with information about the dishonest supplier (contractor, performer) is not included in the register.
11. The authorized body checks the information and documents specified in paragraphs 6 - 8 of these Rules for the presence of facts confirming the dishonesty of the supplier (contractor, performer) within 10 working days from the date of their receipt.
12. Consideration of the issue of including information about procurement participants who evaded concluding contracts, as well as about suppliers (contractors, performers) with whom contracts were terminated in the event of a unilateral refusal by the customer to fulfill the contract due to a significant violation of the terms of the contracts, is carried out with the participation of representatives of the customer and the person about whom the customer sent information for inclusion in the register. In the event of failure of these persons or their representatives to appear, consideration of the specified issue is carried out in their absence within the period provided for in paragraph 11 of these Rules. Other interested parties have the right to take part in the consideration.
Based on the results of consideration of the submitted information and documents and verification of the facts specified in paragraph 11 of these Rules, a decision is made. If the accuracy of these facts is confirmed, the authorized body makes a decision to include information about the unscrupulous supplier (contractor, performer) in the register. Otherwise, the authorized body makes a decision to refuse to include information about the supplier (contractor, performer) in the register. Copies of the decision made by the authorized body are sent to the customer, the person about whom the customer sent information for inclusion in the register, and other interested parties.
13. The authorized body includes information about the unscrupulous supplier (contractor, performer) provided for part 3 of article 104 Federal Law, into the register within 3 working days from the date of the decision to include information about such a person in the register. The specified information forms a register entry, which is signed by a representative of the authorized body having the appropriate authority, using an electronic signature.
14. The register is maintained in the form according to the appendix.
15. When entering information into the register, the following shall be indicated:
a) the number of the register entry and the date the authorized body entered information about the unscrupulous supplier (contractor, performer);
b) the name of the authorized body that included information about the dishonest supplier (contractor, performer);
c) information provided part 3 of article 104 Federal Law.
16. Information about an unscrupulous supplier (contractor, performer), provided part 3 of article 104 Federal Law, is excluded from the register after 2 years from the date of its inclusion in the register, and in cases provided for by the legislation of the Russian Federation - before the expiration of the specified period based on a court decision.
17. Information about an unscrupulous supplier (contractor, performer), excluded from the register, as well as electronic logs of transactions performed using a unified information system in the field of procurement, are stored by the authorized body in electronic form in the manner established by the legislation of the Russian Federation on archival matters.
18. The requirements established by the Government of the Russian Federation in relation to the technological and linguistic means of the unified information system in the field of procurement apply to the means of ensuring the maintenance of the register.
19. The register is maintained on state language Russian Federation. Names of foreign legal and individuals may be indicated using letters of the Latin alphabet.
20. In order to protect information included in the register, the following is provided:
a) use of electronic signature means;
b) use of anti-virus protection tools;
c) management electronic magazines accounting for transactions performed using a unified information system in the field of procurement;
d) restriction of access to technical means, with the help of which the registry is located and functions;
e) daily copying of the information contained in the registry to a backup medium, ensuring the possibility of its recovery;
f) integrity of information about unscrupulous suppliers (contractors, performers) posted in the unified information system in the field of procurement;
g) automatic exclusion from the register of information about unscrupulous suppliers (contractors, performers) after a 2-year period from the date of entering such information into the register with the preservation of the specified information in the archive.
21. The software and hardware used to maintain the register must provide:
a) uninterrupted operation of register maintenance, protection information resources from hacking and unauthorized access;
b) recording information about unscrupulous suppliers (contractors, performers) received by the authorized body in electronic form and included in the register;
c) search for information about an unscrupulous supplier (contractor, performer) in accordance with the information provided for in paragraph 15 of these Rules;
d) generation, at the request of a visitor of a unified information system in the field of procurement, of a certificate indicating that information about an unscrupulous supplier (contractor, performer) is in the register.
Application
to the Rules for maintaining the register
unscrupulous suppliers
(contractors, performers)
REGISTRY
unscrupulous suppliers (contractors, performers)