They plan to remove some of the products from the list N 1, for example:
220.127.116.11 - coated paper for printing;
20.52.10 - adhesives;
23.11.1 - sheet glass;
30.92.1 - two-wheeled and other bicycles, without an engine.
It will include new products:
18.104.22.168 - medical gauze;
14.12.11 - men's production and professional sets, suits, jackets and blazers;
22.214.171.124 - chemical reagents for general laboratory use.
On December 01, 2021, in the Sabinsky district, the State Procurement Committee of the Republic of Tatarstan, together with the Procurement Development Center of the Republic of Tatarstan, held a seminar-meeting for republican customers on the topic: "Procurement in accordance with Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the procurement of goods, works, services for state and municipal needs," including via online broadcast.
On November 29, 2021, the State Procurement Committee of the Republic of Tatarstan jointly with the Procurement Development Center of the Republic of Tatarstan held a free seminar "Innovations in procurement in 2022", which was attended by suppliers of goods, works, services, including small and medium-sized businesses, socially oriented non-profit organizations and organizations of disabled people.
The winner did not sign the contract on time and did not ensure its execution. The controllers included the information in the RNP.
The courts did not support them, because the winner: did
not sign the contract and did not ensure its execution on time due to the lack of electricity on the last day for this. The technical problem is confirmed by the letter of the HOA;
he fulfilled his obligations the next day and informed the customer that he did not want to evade the contract;
conscientiously worked with the customer on similar transactions;
provided services under a previously concluded contract and after inclusion in the RNP.
Since last year, customers have been applying the standard terms of the contract for the construction (reconstruction) of the capital construction facility.
The Ministry of Construction supplemented them with a new provision: the customer will be able to accept and pay for the work performed ahead of schedule without changing the contract estimate. This is possible if there are funds from the redistribution of funding from later periods to earlier ones.
List of "forbidden" goods
Some of the products were removed from the list, for example:
products made of concrete, cement, gypsum;
It includes new products:
bridge and gantry cranes;
ball or roller bearings.
There are a total of 146 positions in the list (p. 10 to p. 5 changes).
In addition, the ban on the admission of imported masks was extended (paragraph 2 of the annex to the resolution). It should be installed after December 31, 2021.
The customer determined the winner of the purchase with a price of 4.8 million rubles, but the controllers ordered to cancel its results. The court declared their decision invalid.
The purchase was announced again. Due to the drop in the prices of participants, the winner of the initial purchase significantly reduced his own. The contract with him was signed and executed at a price of 3.4 million rubles.
The winner demanded to recover from the antimonopoly service the difference between the price of the contract, which could be concluded based on the results of the initial purchase, and the value of the contract based on the results of the repeat. After all, it was their fault that losses in the form of lost profits arose.
The court considered that this was legal: if not for the decision of the controllers, the winner could have signed a contract at a price of 4.8 million rubles.
Paragraph 9 of the Procedure for preparing draft legal acts and instructions of the President of the Russian Federation, draft legal acts of the Government of the Russian Federation on determining the sole supplier (contractor, performer) of goods, works, services in the Course of their procurement for state Needs, approved by Presidential Decree No. 558 of September 14, 2020, has been supplemented with a new subparagraph "d".
The customer posted a protocol on the refusal to conclude a contract with the winner. Instead of the reasons, he indicated a clause in the procurement regulations with the right to do so (for example, when mistakes were made in the procurement documents and because of them it is impossible to meet the needs of the customer).
The supervisors did not support this decision:
refusal to conclude a contract means the cancellation of competitive procurement;
after the deadline for cancellation of the purchase and before the conclusion of the contract, this can be done only under circumstances of force majeure. In this case, there are none.
The winner sent the contract and its enforcement to the customer, but he did not sign the document.
The documentation established a condition: if the procurement participant chose to secure the contract in the form of a bank guarantee, then it must be issued by one of the banks according to the customer's list. Guarantees from other banks need to be agreed with him.
The supervisors considered that it was illegal: there
are no deadlines in the documentation for approving guarantees from other banks, as well as grounds for refusing this. Participation in the purchase depends on the will of the customer;