Features of electronic procurement under the Laws № 44-FZ and 223-FZ explained the Ministry of Finance.
When planning and carrying out purchases, the customer is obliged to use the catalog of goods, works and services (catalog of goods, works, services) of the unified information system. The catalog of goods, works, services is constantly updated with new items that become mandatory from the date specified in the card. Control authorities identify the following errors in the application of the catalog of goods, works and services:
The list of the relations which are not covered by the Law N 223-FZ will be expanded due to cases when the customer:
The number of customers listed in the Federal law of April 5, 2013 № 44-FZ "on the contract system in the procurement of goods, works and services for state and municipal needs" includes state and municipal scientific organizations.
The procurement participant considered that the customer has made the documentation of violations: the application should specify the indicators whose values become known when the test item. The customer did not agree with this, since the characteristics of the disputed positions are posted on the websites of the producers of the goods.
Do not reject the application if the information in it contradicts the data from the official website of the manufacturer. The conclusion follows from the Supreme court's ruling.
The customer is obliged to pay for additional works that are not provided by the contract. Condition: the work is urgent, for example, there will be a threat to the life and security of people. The conclusion follows from the Supreme court decision.
The Ministry of construction of the Russian Federation in accordance with part 11 of article 34 of the Federal law of April 5, 2013 № 44-FZ "on the contract system in the procurement of goods, works, services for state and municipal needs" and the Rules for the development of standard contracts, standard conditions of contracts approved a standard state (municipal) contract for design and survey works. The order comes into force on July 1, 2019.
The supplier fulfilled the contract in 2016 in full, but with a violation of the term. For some time, the parties in the correspondence argued about the amount of the penalty and the customer's right to keep it. As a result, the customer calculated it unilaterally and made payment under the contract minus the penalty. The supplier asked to write it off because it did not exceed 5% of the contract price, but the customer refused.
On November 28, 2018, it is planned to hold a round table with suppliers of goods, works and services of the Republic of Tatarstan on the theme: "public Procurement and small and medium-sized businesses efficiency and development prospects".