NEWS

The Ministry of Finance told what rules to use for contracts with a single supplier, which were concluded under an act of the regional government.
The Agency listed two rules that apply to contracts with a single supplier on the basis of an act of a state agency (Article 15 of Law No. 46-FZ):
1. It is necessary to plan, execute a contract and include information in the register of contracts according to the same rules that are established for contracts under paragraph 2 of part 1 of Article 93 of Law No. 44-FZ.
For example, when you include data in the register of contracts, use the basis under paragraph 2 of Part 1 of Article 93 of Law No. 44-FZ: "Procurement of goods, works, services from a single supplier (contractor, contractor) determined by decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, contractor) determined by a decree or order of the Government of the Russian Federation."

It is planned that when purchasing with offset contracts, the participants will confirm by choice (paragraph "b" of paragraph 3 of the draft amendments):
the presence of experience in the execution of the contract. It must be confirmed by an executed state contract or contract under Law No. 223-FZ, acceptance certificates (subclause "a" of clause 2 of the draft amendments);
availability for the last 5 years before the date of purchase of data on the amount of revenue of at least 20% of the NMCC (paragraph 4 of paragraph "b" of paragraph 2 of the draft amendments). They will be confirmed by income tax returns or financial results reports;
availability for the last 5 years prior to the date of purchase of information on the volume of capital investments of at least 20% of the minimum volume of investments that the supplier - investor must make under the offset contract (paragraph 4 of paragraph "b" of paragraph 2 of the draft amendments). They will be confirmed by the balance sheets with appendices.

If the counterparty has not fulfilled its obligations under the contract, the customer is obliged to demand a penalty, in particular, for delay.
The Agency noted, among other things: the penalty can be collected by paying for the contract or ensuring its execution, including at the expense of an independent guarantee, unless otherwise provided in it.

The parties signed a contract for the repair of the highway. Due to bad weather, the contractor suspended work. The customer terminated the transaction unilaterally — there are shortcomings in the repair and it will not be completed on time. The information was not included in the RNP.
The customer did not accept and did not pay for the work. The contractor appealed to the court.
Three instances satisfied the claim:
the customer did not prepare the construction site in time. A significant part of the repairs took place in the winter. He was informed that the main work was completed, and the rest was suspended due to bad weather;
the low temperature and heavy precipitation were confirmed in a special institution. According to the SNIP and GOST, it is impossible to perform work in such conditions — the result may be negative. The controllers also agreed with this;

The participant of the auction for the supply of ultrasound devices complained that the customer illegally indicated their characteristics not according to KTRU. When purchasing goods from the list of foreign electronic products (REP), this is prohibited.
The customer objected:
the special properties of the products were indicated in order to provide high-quality medical care and receive goods with the necessary functions. Otherwise it cannot be used for its intended purpose;
higher requirements were set for the purchase of innovative and high-tech products;
the codes from the KTRU did not fit, so the object of purchase was described according to Law No. 44-FZ and GOST.

The Ministry has prepared amendments to the Budget Code of the Russian Federation, which will simplify and speed up payments for delivered goods, including construction materials, work performed and services rendered with treasury support of state contracts. The project has already been approved by the Federation Council (Information from the Ministry of Finance of Russia dated May 25, 2022.).
According to the new rules, the supplier or contractor can receive payment for goods already delivered, works performed, services rendered under subcontracts immediately to his bank account, that is, without opening a personal account with the Treasury. At the same time, suppliers of construction materials and equipment will be able to immediately receive not only payment for delivery to bank accounts, but also advances under contracts / contracts.

The winner issued an independent guarantee and paid a commission for it. The customer did not accept the security and recognized the winner as evaded, since it did not comply with Law No. 44-FZ and the terms of purchase.
According to the winner, if the customer has not accepted the guarantee, the bank has no obligations under it. So, he did not render a service and must return the commission as unjustified enrichment. The bank did not do this. The winner appealed to the court.
Three instances did not satisfy the claim:
the winner agreed on the draft guarantee with the bank without comments. The guarantee fully answered him. At the same time, the bank should not find out from the customer what wording to include in it in order to comply with the requirements of the purchase;

The customer purchased medical products. The FAS received a complaint that the object of purchase was described for a specific manufacturer, which limited competition.
The inspectors recognized the complaint as justified, since the customer did not prove that there are other manufacturers of the necessary goods.
The courts of three instances decided otherwise:
the state customer himself determines the characteristics of the object of purchase. He justified them with references to scientific articles and research protocols, conducted a market analysis and took into account the specifics of patient treatment;

In 2022, in particular, state universities and scientific organizations have the right to conduct an electronic request for quotations without restrictions on price and volume if they purchase goods, works, services with OKPD2 codes:
20 — chemicals and products;
26 — computer, electronic and optical equipment;
27 — electrical equipment;
61 — telecommunication services;

According to the customer, the provision of the guarantee on printing on documents for payment is illegal, because it is not in the additional requirements for such security. Because of this, the winner was recognized as a dodger.
The winner appealed the decision because:
the disputed provision did not oblige the customer to certify the documents, as it included the words "entitled" and "if available";
the guarantee allowed sending documents to the bank, including in electronic form;
the customer did not report its shortcomings and thus did not allow to re-provide the security.
The controllers supported him and noted the following: