The winner signed the contract in a timely manner, but was late to make its security.
The customer recognized him as evading and reported this to the antimonopoly authority.
The winner explained that he did not want to evade: the
contract was signed on time;
the security, although overdue,has been made. The delay occurred due to the fact that the employee responsible for this operation was on sick leave. The replacement employee who made a delay has no experience in concluding a contract;
The customer eliminated the violations in the purchase at the request of the supervisors and postponed the summing up procedure to another date. However, later he refused to carry it out, since it was necessary to adjust the technical task. He decided to repeat the procedure.
The procurement participant did not agree with this. The controllers did not support it.
The contract establishes the contractor's liability for late fulfillment of obligations. The customer, among other things, wanted to collect a penalty from him for the delay in signing the final act of the completed works.
The courts considered it illegal to
charge a penalty for late signing of the final act is not based on the terms of the contract and the norms of the legislation;
An autonomous non-profit organization "University of the National Technological Initiative 2035" together with leading IT-developments educational project "Artificial Intelligence".
The winner signed the contract and submitted a bank guarantee to ensure its execution. He paid a commission for making a guarantee.
However, the controllers ordered to cancel the results of the purchase due to violations by the customer of its procedure. The order has been fulfilled. The contract has not been signed.
The winner went to court to recover the costs of obtaining a bank guarantee.
The customer explained:
the expenses incurred are not losses, but costs related to participation in the purchase. Their reasonableness has not been proven.
-the winner could have terminated the bank guarantee agreement and returned the reward, but did not do so.
Since the beginning of the year, a list of products has been in effect to fulfill the minimum share of purchases of domestic goods. In particular, it includes radio-electronic products (REP).
The Ministry of Finance proposes to clarify that the quota mechanism of the REP should be applied when concluding contracts for work (services), in the performance of which the right to own and (or) use products is transferred to the customer. Among other things, these are contracts for radio-electronic services for providing access to the cloud computing service.
The contractor delivered the goods under the contract. He appealed to the court, since the customer paid for the products only partially. The contractor demanded to reimburse: the
main debt; a
penalty for late payment;
expenses for a representative.
The customer explained that he did not pay for all the goods on time due to lack of funding. During the consideration of the case, the debt was partially repaid.
The Government has approved a resolution in support of the SMSP. The mandatory share of participation of such entities in procurement will increase. The total annual volume of purchases from them will be at least 25% instead of 20%. At the same time, the share of the cost of contracts with MSPs based on the results of purchases, in which only these entities can participate, will increase from 18% to 20% (paragraph 3 of paragraph "b" of paragraph 1 of the amendments).
The application of the state procurement participant with additional requirements was rejected. In confirmation of the experience, he presented copies of the executed contract and acts of work performed. These acts do not specify the position of the person who made the transaction, and his full name for identification.
The Ministry of Construction proposed to adjust the price of a long-term construction contract, in which customers have the right to change its term and (or) price in case of unforeseen circumstances. The price will be 15 million rubles and above (now-100 million rubles and above).