The Ministry of Finance prepared the bill with amendments to the Law N 44-FZ. Thus, there will be new grounds for changing the terms of contracts for overhaul or utilities. Upon termination of the contract with the winner, the customer will be able to conclude a new one with the participant who took second place. There are other innovations.
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Experts of the Ministry of Finance of Russia recalled that in accordance with the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works and services for state and municipal needs" (hereinafter – the Law № 44-FZ), the IRS is indicated including:
Experts of the Department noted that the decision to include information about the counterparty in the register of unscrupulous suppliers (contractors, performers) in this case is taken by the Supervisory authority on the basis of all the circumstances of the case and the documents and evidence submitted by the customer and the counterparty.
In connection with the increase in the VAT rate in the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works, services for state and municipal needs" included provisions under which it is allowed to change the price of the contract concluded before January 1, 2019 within the increase in the tax rate.
The innovations relate to both purchases with an initial maximum contract price of more than 10 million rubles, and tenders with limited participation for special facilities and roads. So, for the first additional requirements to participants will become tougher in most cases. Changes should be taken into account during the procurement, which will begin after April 1.
In accordance with the draft order of the Ministry of agriculture of Russia in such a state contract, among other things will be determined by its subject matter, price, payment procedure, procedure, terms and conditions of delivery and acceptance of products, rights and obligations of the parties, packaging of goods, its quality and shelf life, responsibility of the parties, as well as ensuring the execution of the contract. The document assumes the presence of six annexes to the state contract:
The draft amendments to the procedure for determining the initial maximum price of the contract relate to the use of reference prices.
The customer placed an application for an open auction to provide citizens with hearing AIDS and the provision of medical services for auditory prosthetics. The company appealed to the Antimonopoly authority with a complaint. The documentation was to contain restrictions on the admission of certain types of medical devices.
The contractor appealed to the court to recover the debt under the state contract. He determined it based on the cost of services rendered, minus the penalty for improper performance of obligations. According to the customer, the penalty had to be considered from the amount of the entire contract, then the penalty would be more, and its debt is less. The courts of three instances agreed with the calculation of the contractor. The Supreme court supported them.
The customer demanded in the request for quotations that the place of provision of services for inspection of buses and other vehicles was not more than one kilometer from its location. The territorial body of the FAS received a complaint about the restriction of competition.