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The customer went to court to recover a penalty from the contractor. The acceptance certificates confirmed that the work was completed late

On April 1 of this year, a new version of the Procedure for Assigning, Applying and Changing Customer Identification Codes for the purpose of Maintaining a Register of Contracts Concluded by Customers Based on the Results of Procurement (hereinafter referred to as the Procedure), approved by Order No. 167n of the Ministry of Finance of the Russian Federation dated December 24, 2014, will enter into force.

The relevant proposals to support the construction industry in the context of changes in prices for construction resources were announced by the Ministry of Construction of Russia on its website. According to the initiative, the proposed amendments to Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, and services for State and Municipal needs" will affect state contracts, the subject of which is the performance of works on construction, reconstruction, major repairs, demolition of a capital construction object, and work on the preservation of cultural heritage objects.

In particular, the specialists of the Ministry of Finance of the Russian Federation noted in their letter that the conclusion of a contract with a single counterparty in accordance with paragraph 25 of Part 1 of Article 93 of Federal Law No. 44-FZ of April 5, 2013 "On the Contract System in the procurement of goods, works, and services for State and Municipal needs" is carried out according to the general rules provided for in Article 83.2 of Law No. 44-FZ, and taking into account the specifics established in Article 93 of Law No. 44-FZ. Thus, the participant signs the draft contract regardless of whether the customer receives a decision to approve the conclusion of the contract with a single counterparty. At the same time, the customer signs the contract only after receiving the relevant decision to approve the conclusion of the contract within the time period provided for in paragraph 3 of Part 9 of Article 93 of Law No. 44-FZ (Letter of the Ministry of Finance of the Russian Federation No. 24-04-07/19432 of March 18, 2021).

The parties signed a contract for the supply of spare parts for a rural power plant. The contractor delivered the goods with a delay and paid a penalty fee to the customer.
Later, at the request of the supervisory authority, the courts fined the supplier under Part 7 of Article 7.32 of the Administrative Code of the Russian Federation for non-performance of obligations under the contract with harm to society and the state.

In the new document, the list of codes of the object of purchase under OKPD2 was expanded (Appendix N 2 to the order). The codes for the application of the standard contract are now as follows: 21.20.1-21.20.23.194. The
contract has been brought into compliance with the legislation. For example, the provisions on its security were supplemented with a condition when the procurement participant among the SMP and SONKO is released from such security (p.24 of the model contract).

The prosecutor appealed to the court to invalidate two contracts with a single contractor for homogeneous work. The parties concluded them on the basis of clause 5, Part 1, Article 93 of Law No. 44-FZ with an interval of 1 month. The plaintiff believed that the purchase was artificially fragmented to circumvent competitive procedures.

They plan to supplement the list of goods, works and services that can be purchased from an enterprise or institution of the UIS as a single supplier. In particular, the following positions will appear:
08.12.12.160-sand-gravel mixtures;
41.20.10-residential buildings;
81.2-cleaning and cleaning services.
Some items will be excluded.

They propose to reduce the number of competitive procurement methods. The notification will become the main purchasing document. For open competitive e-procurement, documentation is not required. It will be needed only in closed competitive procedures.
Universal prequalification of participants will be introduced. In any competitive procurement with the NMCC from 20 million rubles, the customer will require impeccable experience in the execution of the contract under Law No. 44-FZ or the contract under Law No. 223-FZ for the last 3 years.

The Federal Treasury in accordance with sub-item " b "of item 22 of the Rules for Treasury Support of Funds approved by the Decree of the Government of the Russian Federation No. 2106 of December 15, 2020 and sub-item" b " of item 24 of the Rules for Treasury Support of Funds of the State Defense Order in the currency of the Russian Federation approved by the Decree of the Government of the Russian Federation of December 18, 2020.  No. 2153, approved the regulations for the inspection of actually delivered goods (works performed, services rendered), including with the use of photo and video equipment, for compliance with the information specified in the contract, the capital investment agreement, the contract for major repairs, documents confirming the occurrence of monetary obligations in the implementation of treasury support of funds (hereinafter – the Regulations). The recommended samples of documents drawn up during and based on the results of the relevant inspections using photo and video equipment (hereinafter also referred to as verification) were also approved (Order of the Federal Treasury No. 5n of January 11, 2021).