Administrative practice under Law n 44-FZ: review for October
How to correctly set the amount of contract enforcement for SMP and SONKO, whether to place the conclusion of the state expert examination of project documentation in the EIS, whether it is possible to place part of the documentation outside the EIS-answers to these and other questions in our review.
Purchases from SMP and SONKO
You need to pay attention to the condition on the amount of security for the execution of the contract for purchases among SMP and SONKO. As of July 1, it is calculated not from the NMCC, but from the price of the concluded contract (Saint Petersburg UFAS).
Work on the elimination of unauthorized landfills should be purchased through an auction, not a competition (St. Petersburg UFAS).
Customers should check whether the object of purchase is correctly assigned to the code OKPD2 81.10.10.000 "complex premises maintenance Services". If the technical task includes services and works related to other codes, the competition may be declared illegal instead of an auction (Moscow regional FAS).
Placement of documentation in the EIS
The purchase documentation must be available in full in the EIS. For example, you can not place project documentation in the "cloud" and give a link to it in the EIS (FAS).
Review of Bank guarantees
If the purchase method is incorrectly specified in the Bank guarantee that secures the request (for example, a tender is specified instead of an auction), the customer has the right to reject the request (FAS).
The customer should not refuse to accept a Bank guarantee solely on formal grounds. For example, the refusal is illegal if the guarantee requires to certify the requirements for it with a seal, but the customer has a seal (Moscow UFAS).
Construction purchases
The customer is not obliged to post a positive conclusion of the state expert examination of project documentation (FAS) in the EIS.
It has the right to include a contingency reserve (FAS) in the contract estimate.
The legal condition is that the contractor cannot refuse to perform the contract if there are grounds for suspension of work (FAS).
Customers-budgetary institutions are not obliged to be guided by the provisions of Resolution N 570 on the types and volumes of work that the contractor must perform personally. Requirements from this regulation cannot be included in the documentation (FAS).
Purchases of medical products
Replacing the registration certificate form with a medical device does not mean that the certificate itself has become invalid. The customer does not have the right to reject the application just because it is presented on the old form (Moscow UFAS).