According to the antimonopoly service, the condition under which the counterparty can not attract third parties to execute the contract without a written agreement with the customer, contradicts the Law N 223-FZ and the procurement regulations.
It is proposed to add the following to the list of relations not covered by this law:
From that date, according to the new version of Law No. 44-FZ, the customers will have to demand from participants in tenders and auctions to secure an application for the NMCT in excess of 5 million rubles. Another rule can be established by the Government of the Russian Federation.
The bill has been introduced to the State Duma, which provides for criminal liability for abuses in the sphere of public procurement and bribery of a contract service employee, a contract manager, a commission member.
The participant quoted all the necessary information in the quotation application. However, in structure, it was slightly different from the shape that the customer had established in the notice. In the application there were 13 points, and in the form - 11. The customer rejected the application.
Customers held a joint tender for the supply of food products. The indicator "the supply of material and technical resources to the procurement participant" was also evaluated.
The customer placed a decision on termination of the contract in the EIS and delivered this decision to the deputy director of the counterparty on purpose. The territorial agency FAS considered that the actions of the customer did not meet the requirements of Law No. 44-FZ, and refused to include the performer in the RNP.
For each of the participating in the joint purchase of customers, the NMC was within the limit, but the total amount was more than 20 million rubles.
In the opinion of the antimonopoly body, the offer of the procurement participant to deliver goods in a larger quantity does not give grounds for rejecting the participant's application.
From July 1, 2018, the procedure for securing applications will change: the procurement participants will contribute funds to special accounts.