On August 13, the State procurement Committee of the Republic of Tatarstan together with the state unitary enterprise "procurement development Center of the Republic" held a seminar-meeting for Republican customers on the topic: "Features of procurement in accordance with the Federal law of 05.04.2013 № 44-FZ "On the contract system in the procurement of goods, works, services for state and municipal needs" in 2019". The seminar was attended by 389 customers.
The government has adjusted the rules for determining the penalty for improper performance of the contract. Part of the amendments is of a technical nature and brings the rules in line with the may amendments to the Law N 44-FZ. However, there are significant innovations.
From September 1, 2019, this restriction is set by customers under the new rules.
Amendments to the Law N 223-FZ on increasing the period of procurement planning for small and medium-sized businesses have been published. Purchases of goods, works and services from the list approved by the customer will need to be planned for at least three years (and not for one year as now).
The Agency noted that there is no special provision in the Law N 44-FZ that allows to reject an application for participation in an electronic tender or auction, if the Bank guarantee that provides it does not meet the requirements.
Innovations relate to the procurement of works on the preservation of cultural heritage, restoration of some Museum objects and documents, as well as works related to access to the accounting databases of museums, archives, libraries, their storage, security systems. The amendments will not affect purchases started before August 6.
The participants of the procurement
For wrongful change in the terms of the contract, the supplier faces an administrative fine
As a result of the auction, a contract for the supply of fuel was signed. During its execution, the parties increased the volume of goods and the price of the contract, but neither the procurement documentation nor the contract itself provided for such a change. In addition, the price increased by more than 10%.
For illegal change of the terms of the contract control on supplier fined 200 thousand rubles (part 4 of article 7.32 of the administrative code). The court supported the inspectors.
In 2020, the credit rating should not be lower than the level "B(RU)" on the national scale of the ACRA Agency or not lower than the level "ruB" on the national scale of the Agency "Expert RA".
The government has set a limit price for the construction contract, which allows to change its essential conditions in case of unforeseen circumstances, due to which it is impossible to fulfill it. 2 August 2019, it will amount to 100 million rubles and above.
Legal entities that have not committed an offence under article 19.28 of the administrative Code have the right to participate in procurement. This is one of the uniform requirements for applicants under paragraph 7.1 of part 1 of article 31 of Law No. 44-FZ. Now the customer independently verifies the accuracy of the information declared by the participant. From January 1, 2020, the operator of the electronic platform will transmit information about violations to the customer.