Judicial practice under the Law N 44-FZ
In contracts for the purchase of CTP services liability must be established by a special law
The Prosecutor demanded to invalidate the condition of the contract on the responsibility of the insurer for the delay in the performance of its obligations. The condition was formulated according to the Law N 44-FZ, and had to be defined according To the law on CTP.
The courts of three instances satisfied the requirement: the law on CTP in terms of liability of the insurer has a special character in relation to the Law N 44-FZ.
Document: Resolution Of the arbitration court of the Volga district of 26.11.2019 in the case N A55-10212/2019
When purchasing services for the maintenance of the tomograph, you can not require a license to work with sources of ionizing radiation
The hospital in the auction documentation required two licenses from potential participants: for the production and maintenance of medical equipment and to work with sources of ionizing radiation.
The courts followed up with the FAS and pointed out that a second license cannot be required if the source of ionizing radiation is used exclusively in medical activities.
Document: Resolution of the Arbitration court of the West Siberian district of 28.11.2019 in the case N A81-822/2019
When increasing the volume of work under the contract, you need to take into account the coefficient of reduction of the initial maximum price of the contract
After the conclusion of the contract for maintenance, the parties decided to increase the price and volume within the permitted 10%. The total amount of the additional agreement was made up of prices for certain types of work, determined according to the local estimate from the auction documentation.
The parties did not take into account that the price of the contract at the end of the auction was reduced by 22.5%. Prices from the local estimate had to be taken adjusted for this reduction. Otherwise, there is an overspending of budget funds, for which an administrative fine is threatened.
Document: Resolution of the Arbitration court of the Moscow district of 28.11.2019 in the case N A40-304195/2018