NEWS
Among other things, new rules for maintaining the register of state contracts have been established. They took into account optimization corrections, detailed the list of information for the registry. In particular, when concluding a contract, it will include:
the account details of the supplier (contractor, contractor) for payment of obligations;
information about the place of delivery of goods, performance of works, provision of services.
They also made, for example, the following clarifications:
in the form of a procurement report from SMP and SONKO, they took into account the provisions on increasing the mandatory share of such purchases;
in the rules for maintaining the register of contracts under Law No. 223-FZ, it was determined that for long-term transactions, information on the amount of payment for the contract should be included in the register during each year of execution;
The Decree of the Government of the Russian Federation of 27.01.2022 No. 60 "On measures for information support of the contract system in the field of procurement of goods, works, services for state and municipal needs, on the organization of document flow in it, on amendments to..03.02.2022 on the Official Internet portal of legal information, the Decree of the Government of the Russian Federation No. 60 dated 27.01.2022 "On measures for information support of the contract system in the field of procurement of goods, works, services for state and municipal needs" was posted, on the organization of document flow in it, on amendments to certain acts of the Government of the Russian Federation and the recognition of acts and certain provisions of acts of the Government of the Russian Federation as invalid" (hereinafter - the resolution).
The resolution approved:
New regulation on the EIS in the field of procurement;
The cassation agreed with the lower courts that the fragmentary - incomplete coverage on the FAS website of the progress of the cases considered contradicts the principles of ensuring access to information about the activities of state bodies and local self-government. If the regulator told about the detected violations and the adoption of the act, and then the court recognized it.
The cassation agreed with the lower courts that the fragmentary - incomplete coverage on the FAS website of the progress of the cases considered contradicts the principles of ensuring access to information about the activities of state bodies and local self-government.
Representatives of the Ministry of Finance of the Russian Federation in their letter, in particular, note that according to Part 3 of Article 24 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 purchase of goods from a single supplier for the amount provided for in Part 12 of Article 93 of Law No. 44-FZ is also considered an electronic procedure for the purposes of Law No. 44-FZ. By virtue of Part 1 of Article 24.1 of Law No. 44-FZ, electronic procedures are provided on the electronic platform by the operator of the electronic platform. At the same time, the operators of the electronic platform are legal entities that comply with the uniform and additional requirements established by the provisions of Part 2 of Article 24.1 of Law No. 44-FZ, and are included in the list of operators of electronic platforms approved by the Government of the Russian Federation (paragraph 18 of Part 1 of Article 3 of Law No. 44-FZ) (Letter of the Ministry of Finance of the Russian Federation dated January 18, 2022 No. 24-06-08/2160).
Upon acceptance, the customer identified a discrepancy in the quality of the goods, among other things, and asked to eliminate the shortcomings.
After the supplier did this, the customer accepted the goods without comment and demanded to pay penalties for late delivery, as well as a fine for low-quality goods.
The supplier acknowledged the penalty, but did not agree with the fine: he eliminated all the shortcomings of the product, which was accepted without comment.
The courts of three instances supported the supplier:
they fulfilled their obligations under the contract, albeit with delay;
controllers punished customers for the following errors:
We applied the "third extra" rule without a sufficient number of applications
If there are no applications with products from the EAEU or one such application has been received, it is impossible to reject applications with foreign goods. Komi UFAS, Novosibirsk UFAS, Murmansk UFAS drew attention to this.
Deviated from the characteristics of the goods specified in the permission of the Ministry of Industry and Trade
The FAS of Russia and the Novgorod UFAS noted: if the Ministry of Industry and Trade allowed not to apply prohibitions, the characteristics of the goods in the technical task should coincide with the characteristics agreed by the department. Note that in these cases the discrepancies were significant. Controllers can forgive inconsistencies in indicators that do not affect production characteristics. This is what the Samara UFAS did.
The customer recognized the purchase as failed and announced it anew, since only one application was allowed to participate in the procedure. He established such a right in the procurement regulations and documentation.
The only participant complained that a contract was not concluded with him. The controllers supported him.
The customer explained, among other things: he refused the contract with the participant and announced a new purchase in order to ensure competition.
The courts of three instances supported the controllers:
The winner did not sign the contract on time. The customer recognized him as evading.
The supervisors did not include the information in the RNP, because the winner
did not fulfill his obligations in a timely manner due to the fact that the authorized employee (director) fell ill. In the sick list there are dates of disability that fell during the period of signing the contract;
issued the contract security;
Since January 1, meetings of the competitive procurement commission can be held remotely via video conferencing (VCS) in compliance with the legislation on the protection of state secrets.