NEWS

The winner of the purchase did not send the contract to the customer on time, so he was found to have evaded.
The winner explained that he did not send the contract for reasons beyond his control: the prices of construction materials for the work have increased, so he does not have the financial ability to fulfill his obligations. Failure to sign a contract is not an intentional act.

The government has listed the nuances of public procurement in 2021 of hardware and software complexes for screening assessment of the body and testing the level of physical fitness. The order has entered into force.
The purchase will be carried out in the form of an open electronic tender. Participants must meet the additional requirements: to
carry out technological operations in the Russian Federation or in the EAEU countries during the production of these complexes, which are evaluated by the sum of points according to Appendix N 1;

The application of the procurement participant with a ban on the admission of foreign goods was recognized as not meeting the requirements of the documentation. He did not provide an extract from the register of Russian or Eurasian industrial products indicating the numbers of the registry entries.
The participant did not agree with this: he attached a conclusion to the application confirming the production of industrial products in the Russian Federation. On its basis, information about Russian goods is included in the register. In addition, he himself declared the country of origin of the goods.

The winner did not sign the contract on time. Since he was found to have evaded, the customer concluded a contract with the second participant at a higher price.
The customer demanded that the winner compensate for losses in the form of the difference between his price and the value of the contract with the second participant. The claim remained unanswered.
The courts supported the customer:
the fact of evasion from the conclusion of the contract is confirmed;

When describing the object of purchase, customers indicate, among other things, the dosage form of the drug, including its equivalent forms. In the register of medicines under the international nonproprietary name (INN) "Vancomycin", drugs in the following forms are registered:
powder for preparing a solution for infusions;
lyophilizate for the preparation of this solution.
In Russia, within the framework of this INN, there are drugs in such equivalent forms:
powder for preparing a solution for infusions and oral administration;

The Ministry of Finance has prepared amendments to the decree banning the admission of foreign software.
To confirm that the product does not fall under the established ban, participants will be required to indicate the name of the program and the entry number in the register of Russian or Eurasian software. The participants will submit these data together with the proposal for the object of purchase (p.1 of the draft amendments).
When purchasing works (services) under paragraphs "b" and "d" of paragraph 2 (1) of the resolution, participants will be able to confirm compliance in one of the ways (p. 1-2 of the draft amendments):
specify in the application the name of the program, the number of the entry from the register and (or) information about the rights to it that are subject to transfer to the customer (another person) based on the results of the contract execution;

The parties have signed a contract. It provided for penalties in the amount of 1% of the contract amount for each day of delay in the fulfillment of obligations by the supplier. The latter appealed to the court to recognize such a condition as null and void. The first instance agreed with him: the amount of penalties in the contract is higher than their value under Law No. 44-FZ. For each day of delay, the penalties should be 1/300 of the key rate of the Central Bank of the Russian Federation effective on the date of payment of the penalties from the amount not paid on time.
The appeal and cassation decided that the condition on the amount of penalties greater than specified in Law No. 44-FZ does not contradict the law and is not a basis for declaring the disputed condition invalid.

Since the beginning of the year, a decree on the minimum share of purchases of Russian goods and goods from the EAEU countries has been in effect. It is used in purchases with restricted access.
The Ministry of Finance proposed to extend this resolution to all purchases of domestic products, including those supplied or used in the performance of works, the provision of services, in respect of which the government has established such restrictions (p.2 of the draft amendments). According to the authors, the innovation will allow customers to take into account purchases of Russian goods from a single supplier to achieve a minimum share.

The application of the participant of the electronic auction — sole proprietor was rejected for failure to provide information about the place of residence. In the second part of it, the information is indicated as follows: "Tyumen, Tyumen". It was accompanied by a copy of the passport, a participant's questionnaire with data on his registration, the IP registration address, the actual location address.
The controllers recognized the rejection as illegal, since the customer could determine the place of residence of the procurement participant from the documents in the application.
The courts overturned this decision:

To assess the qualification of the participants of the tender according to the "experience" indicator, the customer required to submit copies of contracts or contracts on the subject of procurement that were successfully executed in the period from January 1, 2018 until the deadline for submitting applications (hereinafter referred to as contracts). The cost of each of them must be at least 100% of the NMCC.
One of the participants complained that the customer had incorrectly established the procedure for evaluating applications.