They want to replace the current rules for preparing the report.
The basic provisions were left the same. Some of them were clarified. The positions were renamed to rows. So, in line 5 of the report, it was indicated that the volume of purchases made from SMP and SONKO includes information on paid contracts.
The Ministry explained the provisions of the Federal law of April 5, 2013 № 44-FZ "On the contract system in procurement of goods, works, services for state and municipal needs" governing procurement of goods from a single supplier in electronic form on the amount under part 12 of article 93 of the Law No. 44-FZ, which, as we will enter into force on 1 April (Letter of the Ministry of Finance of Russia dated February 12, 2021 № 24-06-08/9591).
The specialists of the Ministry of Finance of Russia in his letter, told about the peculiarities of control contained in the contract information in the event of the conclusion with the sole contractor on the grounds indicated in paragraph 25 of the Rules of control under part 5, and part 5.1 of article 99 of the Law No. 44-FZ (hereinafter – the Rules) (Letter of the Ministry of Finance of Russia dated 27 January, 2021 n 24-04-08/4769).
The winner of the auction offered Chinese products, and one of the participants — Russian. At the conclusion of the contract, the customer reduced its price by 15%. Such a rule exists in the conditions of admission of foreign goods.
According to the Law N 44-FZ, an offshore company cannot be a participant in the purchase.
The participant submitted an application and complained about violations of the documentation. The supervisors confirmed it. The participant appealed to the court to recover the losses.
In accordance with the draft decree of the Government of the Russian Federation, the Ministry of Finance of the Russian Federation will monitor purchases. At the same time, the monitoring results will be reflected in the quarterly and annual reports of the Ministry (Information Message of the Ministry of Finance of the Russian Federation dated February 1, 2021).
Item 1 of the resolution of the Russian Government dated 28 November 2013. № 1087 supplemented by a new sub-item "t", according to which life cycle contracts can be concluded in the case of procurement of works on creation, operation, and decommissioning of information systems, datacenters and software and hardware systems (resolution of the Government of the Russian Federation of February 11, 2021, No. 160).
Prepared by experts of the Ministry of Finance's letter, in particular, it is noted that a minimum share of procurement of goods, listed in the Annex to decree of the Government of the Russian Federation of December 3, 2020 No. 2013 (hereinafter – order No. 2013), from the annual volume of purchases for the corresponding code JECFA 2 is the minimum allowable ratio of the value of the goods delivered in the reporting year to the total sales value of the goods delivered in the reporting year by the corresponding code JECFA 2 (Letter of the Ministry of Finance of Russia dated January 15, 2021 n 24-03-07/1390).
It is impossible to prevent a participant from public procurement for a typo in the name of the country of origin of the goods
The participant was not allowed to purchase because he incorrectly indicated the country of origin for several products:"People's Republic of China". There is no such name in the OKSM. In the documentation, it was required to give the country according to this classifier.
The supervisors considered the customer's refusal legitimate./file/goszakupki/File/АРБИТРАЖНЫЙ СУД ВОЛГО(2).pdf