21.04.2016 the Moscow regional OFAS of Russia (further - the Commission) considered the data presented by Administration of the Solnechnogorsky municipal region of the Moscow region (further – the Customer) concerning JSC Urgaz for inclusion in the register of unfair suppliers upon unilateral cancellation of the contract for works on development of schemes of a heat supply in the city settlement of Solnechnogorsk for the period till 2029 (notice No. 0148300031214000088) (further – Auction).
According to the data presented by the Customer by results of purchase by the Customer with JSC Urgaz the state contract (further – the Contract) is signed.
According to the order, the Customer made the decision on unilateral refusal of performance of the Contract (further - the Decision), concluded with JSC Urgaz in connection with violation of conditions of performance of the contract, namely: JSC Urgaz did not execute a condition of the state contract.
The customer submitted documents and data according to which, he observed an order of cancellation of the municipal contract with JSC Urgaz according to article 95 of the Law about contract system.
By part 14 of article 95 of the Law on contract system it is established that the Customer is obliged to cancel the Decision which has not come into force if during ten-day term from the date of the appropriate notification of the supplier (the contractor, the performer) about the made Decision the violation of the terms of the contract which has formed the basis for adoption of the specified Decision is eliminated.
At meeting of the Commission of JSC Urgaz it is not submitted the documents, testifying that in due time the Performer eliminated the violation of the terms of the contract which has formed the basis for adoption of the specified Decision.
Thus, for the reason that JSC Urgaz did not eliminate violation of terms of the contract, data concerning JSC Urgaz are subject to inclusion in the Register.