The assistance of the Business Ombudsman helped the entrepreneur not to get into the register of unscrupulous suppliers.
An entrepreneur from Istra city district, who was one step away from being included in the "black list", avoided this by turning to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev for the protection of his rights and legitimate interests.
In June, an individual entrepreneur, who was carrying out work on the facade and basement of one of the schools of the Istra city district under a municipal contract, encountered a problem. Despite the fact that the contract provided for simultaneous delivery and acceptance of works, the businessman himself repeatedly initiated the acceptance of intermediate stages of the finishing process, but the customer evaded this.
The entrepreneur completed the work ahead of schedule, but the customer refused to sign the acts of work performed at all, arguing that during the so-called "hidden" works, a heater was used that did not comply with the contract, although the requirements and characteristics of the thermal insulation material were not spelled out either in the terms of reference or in the annexes to it.
Termination of the contract at the initiative of the customer threatened the businessman with the inclusion of information about him in the register of unscrupulous suppliers (RNP). For the protection of his rights and legitimate interests, the entrepreneur turned to the Business Ombudsman of the Moscow Region Vladimir Golovnev.
The documents and information provided to the Commissioner testified that the actions of the customer violated the requirements of Federal Law No. 44-FZ dated 05.04.2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs".
At a meeting of the commission of the Moscow Regional Federal Antimonopoly Service of Russia, where the issue of including an entrepreneur in the register of unscrupulous suppliers was considered, the representative of the Commissioner gave exhaustive arguments confirming the conscientious fulfillment of the terms of the municipal contract by the contractor, which contributed to the decision on the absence of grounds for including an individual entrepreneur in the RNP.
"Currently, the work of business in the field of government orders is a wonderful "springboard" into the future. For many entrepreneurs who sell their goods or fulfill orders for state and municipal needs, the income from this often accounts for the main share of revenue. If the customer obstructs the business, there is a certain "domino effect": they did not pay for the previous order on time – there are not enough funds to fulfill the next one, according to far–fetched signs they were sent to the RNP - for two years the entrepreneur cannot participate in the auction. And this seriously "hits the pocket" of small and medium-sized businesses. Therefore, it is so important to maintain a balance of interests and try to find compromise ways out of the situation," concluded Vladimir Golovnev, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region.