NEWS

The customer purchased work on the repair and diagnostics of the air conditioning system. The inspectors received a complaint that the documentation illegally established the requirement that the procurement participant has the status of a manufacturer or dealer of goods that will be used when performing work. It was recognized as justified.

The parties signed a contract for the repair of a fire truck. According to its terms, photo reports on the completed works should be sent to the customer's e-mail on a weekly basis.

The participant complained about the illegal procedure for evaluating applications. According to its terms, the experience was confirmed only by state contracts and contracts under Law N 223.

The customer purchased medical equipment with installation services, employee training and warranty service. The participant complained about illegal purchase conditions

The Ministry of Industry and Trade of the Russian Federation has prepared draft amendments to the Decree of the Government of the Russian Federation dated 12/24/2022 No. 2411 "On Advance Payment of contracts (State Contracts) for the supply of industrial goods for state and municipal needs, as well as for the needs of national Defense and State Security" (hereinafter - Resolution No. 2411), providing for the expansion of the list of manufactured goods approved by the said resolution, during the purchase of which in 2022 - In 2024, the main managers of federal budget funds and their subordinate recipients of federal budget funds provide for advance payments in the amount of at least 80% of the contract price (hereinafter referred to as the List).

The parties entered into construction contracts. The customer terminated the transaction unilaterally. Later, he recovered from the bank the full amount of payments under the guarantees that secured the execution.

The parties agreed on the supply of dental materials. The customer did not accept some of them: the goods did not meet the technical specifications - they were delivered in pieces, and not in packages of several units. He later canceled the contract because he did not receive the right amount of production.

Experts of the antimonopoly department explained that the basis for including information in the RNP in respect of persons specified in Part 2 of Article 5 of Law No. 223-FZ is an order of the FAS of Russia, but not the conclusion of its territorial authority on the existence of grounds for including relevant information in the RNP, which is a document of an intradepartmental nature that does not generate any- or rights and obligations. At the same time, the specified document is not the final act of the verification procedure for evading the conclusion of the contract or unilateral termination of the contract by the customer.

The supplier offered to terminate the contract by agreement of the parties and return the security for its execution: the manufacturer of imported products announced the suspension of shipments of goods due to sanctions. The Regional Chamber of Commerce and Industry confirmed in a letter that this circumstance affects the ability to fulfill the contract.

The Ministry of Industry and Trade of the Russian Federation proposes to supplement the annex to the Decree of the Government of the Russian Federation No. 616 dated 30.04.2020.