Due to the closure of the sudden air connection with Azerbaijan, which I went to snowboard in February-March 2022, my company almost got into the register of unscrupulous suppliers (RNS). I want to share my experience, maybe it will be useful to someone. I’ll get ahead of myself right away, this is not an advertising order, but a real situation that happened to me.
I had to conclude a contract for the auction FZ 44 before 11:59 pm on March 16, 2022, but by coincidence it was not possible to sign it, although everything was ready – the auction was won and a bank guarantee was issued, but it was not possible to sign the contract due to a malfunction of the electronic signature. There was no way to reissue it quickly either, because I was stuck abroad at that moment and returned only the next day, after the regulated signing period.
Result: the contract was not signed. On March 17, the status in Sberbank AST changed to avoided.
The next day, March 18, information about my evasion appeared in official services, and in the morning law firms started calling me with offers to help me with not getting into the RNP. As a result, I roughly understood the approximate scheme of actions, and decided to use the services of one of the companies. There are many subtleties and they know about them, and when time is limited, it is not the most logical decision to figure it out on your own. It was the right decision, now at least I understand the chain of actions. Below I will sign it:
In general, the scheme is as follows:
The main thing. If you understand that you will not be able to sign a contract, you need to show your intention to conclude it. The main one is to ensure the performance of the contract, in my case, this is the execution of a bank guarantee. I issued it before the regulated deadline for signing the contract – this saved me. This is the most important argument for the FAS, according to my lawyers.
In addition, you need:
- Explanation of the situation to the Customer– it must be sent before the expiration of the contract signing. It needs to explain why you cannot sign the contract and offer a solution. This is a formality. He's 99% likely to disagree. I sent an explanation and asked to postpone the signing of the contract for 2 days so that I could eliminate the technical malfunction (I could no longer use the protocol of disagreements, because I used up this opportunity, this can only be done once). I repeat – I did not expect an answer from them. But I recorded that the explanation was sent before March 16.
- Statement to the Customer – eThis letter is of a formal nature, but the fact of sending this letter is important for the FAS commission, so the fact of sending must be confirmed with a screenshot of the e-mail. Or get confirmation from the customer. It was required to send it – no later than 03/18/2022. That is, on the day when the customer informed the OFAS about the fact of my evasion (the customer sent them a protocol) and the info appeared in the OFAS database.
This statement was drawn up by lawyers, so there were references to the practice of the Supreme Court, and I also confirmed my readiness to sign and execute the contract. There was also a request to cancel the protocol for recognizing my company as having evaded signing the contract. Here I also attached a bank guarantee + a contract printed out and signed on my part. That is: Application + bank guarantee + signed contract = all this was sent to the official mail of the customer.
- Application to the OFAS– I had to send this letter no later than the next day, after information about my evasion appeared in the OFAS database. In my case, no later than March 21, since 19-20 were days off. The draft letter was prepared by lawyers, there was an explanation in chronological order about the reasons for not signing.
as well as requests:
– To agree on the possibility of concluding a contract based on the results of an electronic auction.
< br>– Take into account the above circumstances when considering the issue of including/not including information about the Limited Liability Company in the register of unscrupulous suppliers.
and attached to the letter:
1. A copy of the decision on the appointment of the director.
2. A copy of the letter addressed to the customer (application dated March 18)
3. Bank guarantee.
- Draft explanations. This is the last set of documents, the most important for OFAS. There was a direct explanation in which the reasons for not signing were written, as well as actions for the conclusion and execution of the contract, in my case it was:
1) A bank guarantee was received in a timely manner.
2) After a breakdown of the electronic signature was detected, measures were promptly taken to replace it, payment was made on 03/15/2022, that is, on time for the conclusion of the contract.
3) The customer was verbally and in writing notified of all the circumstances of the case. The signed draft contract was sent to the customer and the security for the execution of the contract was attached.
4) An application was sent to the OFAS with a request to resume the procedure for concluding the draft contract.
5) There was an electronic correspondence with the site operator in order to extend the term signing the contract.
Attached to the explanation were:
- Copy of the decision on the appointment of the director
- Copy of correspondence with the customer
- Copy of correspondence with the operator of the electronic platform
- Copy of documents for issuing an ES
- A copy of the application to the OFAS
- Bank guarantee
- Documents confirming the cancellation of flights
- Register of executed contracts
- Documents confirming the preparation for the execution of the contract
- Letters of thanks/certificates/extracts from SROs/licenses, etc.
Explanations are sent directly to the OFAS commission after receiving the notification of the meeting.
In this connection, the lawyers asked me to carefully monitor the e-mail specified during accreditation or known to the customer on a daily basis. After receiving the notification, I needed to send this notification to them by e-mail and inform them by phone about it. The notification from OFAS came on March 22 after 16:00. It ended up in SPAM because it looked like spam. Only a short title “Notice on the RNP Case No.” and a pdf file, and that's it.
The notice said that they were waiting for an explanation until 10 am on March 23, and was The deadline for consideration of the submission is March 24. I collected the entire set of documents: An explanation to the OFAS, a notice, a power of attorney and a petition for a lawyer, and a list of documents that the lawyers said to attach.
In the email, it was required to indicate “Explanations from LLC” in the title. …. “to the commission on RNP 44-FZ
The body of the email had to include:
“Hello! Attached are explanations and supporting documents to it. The full name of the lawyer will represent interests at the commission remotely., the power of attorney is attached. ”
It was also necessary to attach to the letter unotice of the meeting so that the letter was handed over directly to the executor.
Before sending the documents to the OFAS, I sent the entire package of documents to the Lawyers for verification. I was warned that the limitation of the OFAS mailbox is no more than 10 Mb. After that, I sent the documents to the OFAS mail indicated by the lawyers.
And the last step remained – at the appointed time, go to the computer for remote consideration of the submission. I took the link from the notice. There was a representative of the OFAS, my lawyer and I. As a result, they did not include us in the RNP. But the auction was canceled, and the request to sign the contract was refused.
I hope my experience will be useful. Lawyers cost 20,000 rubles.