Approved changes in public procurement and procurement of certain types of legal entities due to mobilization.
Among other things, a new case was introduced to adjust the state contract due to unforeseen circumstances. According to Laws No. 44-FZ and 223-FZ, the rules for conducting the RNP were clarified. The amendments have not yet been published. Read more in the review.
Change of the state contract due to unforeseen circumstances.
According to the special norm, the parties were allowed by agreement to change the essential terms of the contract for federal needs if it could not be fulfilled due to mobilization.
The supreme executive bodies of the constituent entities of the Russian Federation and local administrations were recommended to take measures to ensure the possibility of correcting contracts that cannot be executed for this reason.
Recall: adjustment on a special basis is possible if a number of conditions are met. One of them is the decision of the relevant authority.
RNP.
The rules for conducting the RNP under Law No. 223-FZ, in particular, clarified: the register does not include data on a participant who evaded signing a contract, or a supplier who did not fulfill obligations under it due to force majeure. We are talking, among other things, about mobilization.
Similar amendments were provided for in the rules for maintaining the register under Law No. 44-FZ. Write-off of penalties in public procurement.
Customers write off penalties for non-performance or improper performance of the contract according to the rules of the Decree of the Government of the Russian Federation No. 783, including if:
• obligations were not fully fulfilled due to mobilization;
• there is a written justification that it is impossible to fulfill the contract for this reason. Supporting documents must be attached to the justification (if any);
• there is an acceptance certificate or other document that proves the fulfillment of obligations under the contract (if there was one).
Accrued and unpaid penalties will be written off in full.
These innovations will come into force from the date of publication of the resolution.
Document: Decree of the Government of the Russian Federation of 15.10.2022 N 1838