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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 30, 2021 No. 1078

About procedure for maintaining the register of unfair suppliers (contractors, contractors), about introduction of amendments to some acts of the Government of the Russian Federation and recognition voided some acts and separate provisions of some acts of the Government of the Russian Federation

(as amended on 15-10-2022)

According to part 10 of article 104 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of maintaining the register of unfair suppliers (contractors, contractors) (further - Rules);

changes which are made to acts of the Government of the Russian Federation.

2. Recognize invalid:

the order of the Government of the Russian Federation of November 25, 2013 No. 1062 "About procedure for maintaining the register of unfair suppliers (contractors, contractors)" (The Russian Federation Code, 2013, No. 48, the Art. 6265);

the order of the Government of the Russian Federation of October 20, 2014 No. 1083 "About modification of appendix to Rules of maintaining the register of unfair suppliers (contractors, contractors)" (The Russian Federation Code, 2014, No. 43, the Art. 5918);

Item of 16 changes which are made to acts of the Government of the Russian Federation in connection with abolition of Federal Service for Defence Contracts, approved by the order of the Government of the Russian Federation of December 25, 2014 No. 1489 "About change and recognition voided some acts of the Government of the Russian Federation in connection with abolition of Federal Service for Defence Contracts" (The Russian Federation Code, 2015, No. 1, the Art. 279);

the order of the Government of the Russian Federation of July 20, 2019 No. 947 "About modification of Rules of maintaining the register of unfair suppliers (contractors, contractors)" (The Russian Federation Code, 2019, No. 30, the Art. 4331);

Item of 2 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of December 27, 2019 No. 1906 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2020, No. 1, the Art. 92);

Item of 1 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of April 16, 2020 No. 523 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2020, No. 17, the Art. 2765).

3. Determine that till April 1, 2022 the direction of the address about inclusion of information on the procurement participant or about the supplier (the contractor, the contractor) in the register of unfair suppliers (contractors, contractors), registration of such address, the direction of the decision on inclusion of information on the procurement participant, about the supplier (the contractor, the contractor) in such register or decisions on refusal in such inclusion, instructions about elimination of violations of the law of the Russian Federation and other regulatory legal acts about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs when holding open tender electronically, tender with limited participation electronically, two-stage tender electronically, electronic auction and request for proposals are electronically performed according to Item 10 and the paragraph third the subitem "an" of Item 16 of Rules without use of unified information system in the field of purchases.

4. This resolution becomes effective since July 1, 2021, except for:

Item 9 (except for the paragraph of the fifth subitem "a" regarding automatic creation of information provided by the subitem "g" of Item 7 of Rules, and also the subitem "d" regarding the direction of the notification to the procurement participant, supplier (the contractor, the contractor), paragraph two of the subitem "an" of Item 16 (except for regulations on the direction of the notification to the procurement participant, supplier (the contractor, the contractor), Item 17 and the offer of the second Item 26 of Rules which become effective since April 1, 2022;

the paragraph of the fifth subitem "a" (regarding automatic creation of information provided by the subitem "g" of Item 7 of Rules), the subitem "d" of Item 9 (regarding the direction of the notification to the procurement participant, supplier (the contractor, the contractor), paragraph two of the subitem "an" of Item 16 (regarding provisions about the directions of the notification to the procurement participant, supplier (the contractor, the contractor) of Rules which become effective since October 1, 2022.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of June 30, 2021 No. 1078

Rules of maintaining register of unfair suppliers (contractors, contractors)

I. General provisions

1. These rules establish procedure for maintaining the register of unfair suppliers (contractors, contractors) (further - the register), procedure for the direction of the address about inclusion of information on the procurement participant or about the supplier (the contractor, the contractor) in the register (further - the address), requirements to structure, content, address form, procedure for consideration of the address the federal executive body authorized on control in the field of purchases (further - control facility), the bases for decision making about inclusion of information on the procurement participant, about the supplier (the contractor, the contractor) in the register or about refusal in such inclusion, procedure for the direction of the decision on inclusion of information on the procurement participant, about the supplier (the contractor, the contractor) in the register or decisions on refusal in such inclusion, procedure for exception of information provided by part 3 of article 104 of the Federal Law "About contractual system in the field of purchases of goods, works services for ensuring the state and municipal needs" (further - the Federal Law), from the register.

2. Maintaining the register is performed in electronic form by forming or change according to these rules of register entries. Consecutive set of register entries forms the register which is placed in unified information system in the field of purchases (further - unified information system). In case of introduction according to these rules into the register of changes information placed in the register changes, and the register entry is updated.

II. Procedure for the direction of the address, requirement to structure, content, address form

3. The address is created in form according to appendix No. 1 and goes in time, provided by part 4 of article 104 of the Federal Law, the customer either authorized body or the authorized institution given authority according to article 26 of the Federal Law (further - the customer):

a) in territorial authority of control facility in the location of the customer, except as specified, provided by subitems "b" - "" of this Item;

b) in the territorial authority of control facility performing coordination of activities of the territorial authorities located in the territory of the federal district if customer is the federal court, except for the federal courts specified in the subitem "g" of this Item;

c) in the territorial authority of control facility performing coordination of activities of the territorial authorities located in the territory of the federal district (except for the territorial authority performing such coordination in the territory of Central Federal District), customers whose location is the territory of the respective federal district, when implementing of purchases by them within the state defense order if the starting (maximum) price of the contract specified in the address or the maximum price value of the contract constitutes less than 300 million rubles;

d) in central office of control facility if:

the starting (maximum) price of the contract specified in the address or the maximum price value of the contract constitutes 1 billion rubles and more;

procurement is conducted within the state defense order by the customer whose location is the territory of Central Federal District or if procurement is conducted within the state defense order and the starting (maximum) price of the contract specified in the address or the maximum price value of the contract constitutes 300 million rubles and more;

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