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The unscrupulous suppliers register in public procurement (РНП)

Published · 3 min read

Being entered in the unscrupulous suppliers register (РНП) shuts you out of public procurement for two years — and not only public procurement, but quasi-public sector procurement too. Here is what gets a supplier on the register, how to avoid it and how to get off it.

Grounds for inclusion

Article 8 of the Law names four grounds:

  1. providing false information;
  2. the winner evading conclusion of the contract (failing to sign it or to provide performance security or the anti-dumping amount);
  3. non-performance of the contract;
  4. improper performance of the contract.

Is a court decision required?

For grounds 1, 3 and 4 — only by a court decision. The customer or organiser must file a claim within 30 calendar days.

For evading the contract — without a court: by decision of the customer, while the register is compiled by the authorised body. The information is entered within 7 business days after the customer submits it via the portal.

In cases of improper performance, no claim is filed if all three conditions are met: the penalty has been paid, the obligations have been fulfilled and there is no damage.

Term and early removal

A supplier stays in the register for 24 months from the date the court decision or the authorised body's decision enters into force. The entry is removed no later than the business day after the term expires.

If you were entered for evading the contract, you can apply for removal to the customer's conciliation commission within 10 business days. The commission must include representatives of the “Atameken” Chamber of Entrepreneurs. A supplier can also be removed from the register by a court decision overturning the earlier one.

What a supplier in the register may not do

A supplier in the РНП and persons related to it cannot take part in public procurement. The restriction also applies to those listed in the quasi-public sector's unscrupulous participant registers or in the Samruk-Kazyna fund's “List of Unreliable Suppliers” (Перечень ненадёжных поставщиков). For more on the fund's procurement, see Samruk-Kazyna procurement.

Where to check the register

The register is published free of charge on the public procurement portal, in the registers section. Check not only yourself but also your consortium partners and subcontractors.

On MyTender, the competitor profile on a lot page shows the competitor's procurement history and whether it is in the unscrupulous suppliers register — handy when you need to know who you are up against.

FAQ

How long are suppliers kept in the unscrupulous suppliers register?

For 24 months — from the date the court decision or the authorised body's decision (for evading the contract) enters into force.

Can a supplier be entered in the РНП without a court?

Yes, for evading conclusion of the contract — by decision of the customer. On the other grounds (false information, non-performance and improper performance), only through the courts.

How can a supplier get off the register early?

If you were entered for evasion, apply to the customer's conciliation commission within 10 business days. Suppliers are also removed by a court decision overturning the earlier one.

Sources

This article is for reference only and is not legal advice. Rules change: check the current versions of the Law and the Rules before you bid.

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