NEWS

When purchasing medical equipment, consumables for it and technical means for the disabled, the customer can conduct an electronic request for quotations if the NMCC is not more than 50 million rubles. The annual volume of purchases of medical products in this way should not exceed 750 million rubles.

According to the representatives of the Ministry, if, in accordance with Part 22 of Article 22 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs", the procedure for determining the NMCC in certain areas of activity is established, the price of the contract concluded on the basis of sub-item 4, sub-item 5 of Part 1 of Article 93 of Law No. 44-FZ, is determined in accordance with the provisions of these regulatory legal acts, while there is no obligation to include a justification for such a price in the contract (Letter of the Ministry of Finance of the Russian Federation dated February 14, 2022 No. 24-06-08/9965

The procurement participant appealed the procedure for evaluating the applications of the collective participant according to the criterion of "experience". Individual participants could confirm it with the total value of flawlessly executed contracts on the subject of purchase, but collective participants could not. The largest of the values of the indicators of an individual representative of this participant was taken into account.
The supervisors recognized the complaint as justified:
since the members of the collective participant are jointly and severally liable under the contract, it is necessary to summarize the performance indicators of all persons of such a participant in order to assess the experience;

Since the beginning of the year, when executing a contract based on the results of electronic procedures, most closed electronic procedures, acceptance documents are issued through the EIS.
Among other things, the agency explained that they can be corrected in the system. Non-essential conditions, for example, information about the address of the consignee, are changed in the acceptance document both before and after its signing.

The winner of the purchase for the supply of products did not sign the contract on time and did not provide collateral. The customer recognized him as evading and sent the information for inclusion in the RNP.
The winner explained that he was forced not to conclude a contract, because the prices of products have increased. He confirmed this with commercial offers with prices that were valid on the dates of the purchase and signing of the contract. The price of the product has become higher than he offered in the application.
The controllers were not convinced by this argument:

The antimonopoly authority received a complaint that the customer did not establish additional requirements for procurement participants in the field of road activities. The customer explained that he did not do this, because he purchased the sidewalk repair work, not the highway.

According to experts of the Ministry of Finance of the Russian Federation, if the purchased goods, work, service are included simultaneously in both lists approved by the Decree of the Government of the Russian Federation No. 3500-r dated December 8, 2021, advantages in the procurement are provided to both institutions and enterprises of the UIS and organizations of disabled people (Letter of the Ministry of Finance of the Russian Federation dated February 21, 2022 No. 24-01-08/11994).
In other words, if, when purchasing such goods, works, services, a contract is concluded with a procurement participant who is an institution or an enterprise of the UIS, the benefits are provided in accordance with Article 28 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs", and if with an organization of disabled people – in accordance with Article 29 of Law No. 44-FZ.
Recall that the benefits provided for in Article 29 of Law No. 44-FZ apply to organizations of disabled persons listed in Part 2 of Article 29 of Law No. 44-FZ, namely::

The inspectors found out that the winner of the purchase, contrary to its conditions, submitted an application for participation in the auction without a properly issued license for the provision of services. This was considered unfair competition.
The courts agreed with this interpretation, because other participants with the proper permission could not win the purchase. The winner was obliged to return income to the budget under a partially executed contract. He refused and reached the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation, among other things, called the circumstances under which participation in an auction without a properly issued license and the execution of a contract concluded on its results cannot be considered unfair competition. We are talking about such circumstances:

As part of the execution of the contract for the processing of wood into solid fuel with delivery to the consignees, the contractor turned to the customer's representatives to obtain raw materials, the provision of which was refused to him. The contract was executed by the contractor through the use of its own raw materials (Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2021).
In connection with the refusal of the customer to pay for the work performed, the contractor appealed to the arbitration court with a corresponding claim.
The decision of the court of first instance, left unchanged by the decisions of the court of appeal and cassation instances, the application was refused.

The Government of the Russian Federation has amended the Decree of the Government of the Russian Federation dated August 22, 2016 No. 832 "On restrictions on the admission of certain types of food products originating from Foreign Countries for the purposes of procurement for State and municipal needs."