COMPANY IS NOT SUBJECT TO INCLUSION IN THE REGISTER OF DISHONEST SUPPLIERS IF CONTRACT IS NOT EXECUTED DUE TO RESTRICTIONS OF FOREIGN COUNTRIES

Non-fulfillment of obligations under the contract due to force majeure circumstances, which include disruption of logistics chains due to the restrictive measures introduced, is not a reason for including the company in the blacklist of suppliers

Some companies are faced with the inability to purchase imported products and fulfill the terms of the contract in full. In some cases, customers refuse to fulfill the contract unilaterally, referring to the failure of suppliers to fulfill their obligations. According to FAS Russia, such situations are force majeure circumstances and should not lead to the inclusion of information about suppliers in the blacklist.

FAS Russia came to this conclusion after considering a number of appeals. For example, in one case, a contract was signed for the purchase of an X-ray dental system. After the conclusion of the contract, the contractor received messages from the supplier of foreign equipment about the possible disruption of the delivery period of the goods. In addition, the supplier has made significant changes to the terms of the contract, changing the country of origin of the equipment. The contractor notified the customer of all changes, but did not receive a response. As a result, the customer decided to unilaterally refuse to execute the contract and demanded to enter information about the company in the blacklist of suppliers.

In another case, a contract was signed for the supply of a foreign-made CT scanner. The official dealer of the manufacturer informed the contractor of the impossibility of supplying the equipment due to restrictive measures. The contractor notified the customer about the impossibility of delivery of the tomographic scanner due to significant changes in the conditions and offered to terminate the contract by agreement of the parties. Nevertheless, the customer did not accept the offer and refused to execute the contract unilaterally, and also appealed to FAS Russia with a request to enter information about the company in the blacklist of suppliers.

In both situations, after reviewing the materials, the Commission of FAS Russia concluded that the contracts were not executed due to force majeure circumstances, and did not include information about the performers in the blacklist of suppliers.

FAS Russia notes that it makes a decision based on a comprehensive, complete, objective and direct study of all the evidence presented by the parties at the meeting.

The procurement participant must provide information and documents confirming that the execution of the contract was impossible due to the introduction of restrictions of foreign countries.