the customers which are subject to the Federal Law No. 223-FZ “On the procurement of goods, works and services by certain types of legal entities” (hereinafter referred to as 223-FZ) - in the register of bad-faith suppliers, maintained in accordance with the 223 FZ in the manner and within the time frames established by the Decree of the Government of the Russian Federation No. 1211 dated November 22, 2012 “On maintaining the register of bad-faith suppliers under the Federal Law “On the procurement of goods, works and services by certain types of legal entities”.
the customers exempt from the 223-FZ - in the register of bad-faith suppliers of the State Corporation and Rosatom State Corporation organizations in the manner and within the time frames established by the Standard (relevant Appendix).
Information on the procurement participant is entered in the relevant register of bad-faith suppliers for a period of 2 years in the following cases:
if such a procurement participant:
being recognized as the procurement winner, has evaded signing of the contract;
being the sole bidder, which the contract is awarded to, evaded signing of the contract;
being the procurement winner or the sole procurement participant which the contract is awarded to, refused to provide the security for the contract before signing of the latter, if such a requirement is established by the procurement documentation;
if the contract concluded with the bidder as a result of the procurement is terminated by the court order due to a material breach of the supplier of the contractual terms and conditions.
Based on the requests of the customers which are exempt from the 223-FZ, the information about the procurement participant is entered in the register of bad-faith suppliers of the nuclear industry organizations in the following cases:
if such procurement participant submitted in his procurement bid any deliberately false information that is essential for making a decision by the Procurement Commission regarding admission of the participant to the procurement procedure and (or) evaluation of its bid or if the law enforcement agencies conducted an investigation in the prescribed manner and the fact of provision of false information that led to the criminal punishment of guilty persons was established;
if the bidder, with whom/which the contract is concluded according to the results of the procurement, failed to provide security of performance of the contract after it is signed, if provision of such security after the conclusion of the contract is allowed;
if the contract concluded with the bidder as a result of the procurement is terminated by agreement of the parties due to a material breach by the supplier of the contractual terms and conditions.
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Procedure for appealing against the actions of the customer, the Procurement Organizer, the Procurement Commission
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The procedure for submitting and considering complaints is stipulated by the clause 9 and Appendix 6 to the Standard.
When the procurement procedure is suspended up to the deadline for submission of the procurement bids the following actions are possible:
forwarding requests on explanation of the procurement documentation provisions, bids submitting upon expiration of the bid submission period - by the procurement participant;
publication of explanation of the procurement documentation provisions, amendment of the procurement notification and documentation within the terms stipulated by item Error: Reference source not found of this section – by the procurement participant.
When the appealed procurement procedure suspended until opening of envelopes is resumed and the complaint is withdrawn or recognized as unjustified, the bid closing date shall not be changed. If the period of opening envelopes has already expired, the Procurement Organizer establishes the period of opening envelopes not earlier than the second working day after the procurement resumption. The procurement bid submitted upon expiration of the bid submission period until the moment of opening envelopes with submitted bids shall not be considered.
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Communication channels to report of abuse during procurement procedure
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The procurement participant may report to the Rosatom State Corporation on the facts of abuse publicly or anonymously via the following communication channels:
1. Hotline: 8-800-100-07-07 (multichannel , 24/7, free of charge for any part of the country);
2. E-mail: 0707@rosatom.ru;
3. Mail address: 119017, Moscow, p/o box 266, Assets protection Department of Rosatom State Corporation.
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