NEWS

According to experts of the Ministry of Finance of the Russian Federation, in cases in which, in accordance with Law No. 44-FZ, it is possible to use information about contracts executed without the application of penalties, only contracts for which penalties in connection with non-fulfillment or improper fulfillment of obligations under these contracts have not been accrued can be used. At the same time, it is noted that the write-off of accrued amounts of penalties in accordance with the decree of the Government of the Russian Federation dated 07/04/2018 No. 783 assumes that the counterparty does not have an unpaid penalty, but does not exclude the fact that civil liability is applied to such a participant.

The customer carried out the purchase from Small Businesses and a Socially oriented non-profit organization. The inspectors found a violation: the draft contract did not establish the procedure for calculating fines for improper fulfillment of obligations by such entities. It provided only a reference to the rules for determining the amount of the penalty.

This provision is contained in Part 3 of Article 103 of Law No. 44-FZ. However, by virtue of Part 11 of Article 8 of Federal Law No. 360-FZ dated 07/02/2021, it does not apply to purchases, notices of which are posted in the Unified Information System, invitations to participate in which are sent from January 1, 2022 to April 1, 2024.

The Agency clarified that the guarantor bank is responsible for non-compliance with the rules for registration and issuance of an independent guarantee under state contracts.

The Government of the Russian Federation has updated the requirements for the total number of points in order to classify automotive products as manufactured in the territory of the Russian Federation for procurement within the framework of Law No. 44-FZ. In particular, according to the new version of paragraph 5 of Note 5 to the Requirements for industrial products for passenger cars (including commercial vehicles) established by Decree of the Government of the Russian Federation dated 07/17/2015 No. 719, the following requirements are established:

The Ministry of Finance explained how to provide preferences to organizations with disabilities in the procurement of imported goods with admission conditions.

As experts of the Ministry of Finance of the Russian Federation note in their letter, the annexes to the order of the Ministry of Finance of the Russian Federation dated 06/04/2018 No. 126n "On the conditions for the admission of goods originating from a foreign state or group of foreign States for the purpose of purchasing goods for state and municipal needs" (hereinafter - Order No. 126n) contain a position with the OKPD code 2 26.20.18.000 "Peripheral devices with two or more functions: data printing, copying, scanning, receiving and transmitting fax messages."

On March 22, in order to exchange experience and study the practices of the city of Moscow and the Moscow Region in the field of procurement, the RT State Committee for Procurement, represented by Chairman Ruslan Sabirov and Deputy Chairman Iskander Bagautdinov, met with Kirill Purtov, Head of the Moscow Department for Competition Policy, and with representatives of the Committee on Competition Policy of the Moscow Region and the Main Control Department of the Moscow Region.

The customer purchased radio-electronic equipment and set the restrictions and conditions of admission in the notification. The restrictions did not work, as none of the participants submitted product registration records.

According to Part 4 of Article 30 of Law No. 44-FZ, at the end of the year, the customer is obliged to compile a report on the volume of purchases from small businesses, socially oriented non-profit organizations and post the above report in the Unified Information System by April 1 of the year following the reporting year. The procedure for preparing the specified report, its placement in the Unified Information System, and the form of the report are determined by the Government of the Russian Federation (Part 4.1 of Article 30 of Law No. 44-FZ).