August 12-14 on the platform www.100tatarstan.com the online forum " 100% Tatarstan. Education. Science and technology. The labor market", which will bring together the Government of the Republic of Tatarstan, experts in the field of education and science, business and the population, business partners of the republic.
In the list N 1, approved by Resolution N 102, it was proposed to change the position with the code 32.50.13.110 according to OKPD2. They want to supplement it with double-sided needles for taking venous blood. It is planned to include a surgical mesh for abdominal hernia in the position with the code 32.50.22.190.
In addition, the named list may include new medical products:
As before, the document should be applied if the subject of the purchase belongs to the OKPD2 code 33.13. There are no restrictions on the NMCC.
In general, the document was brought into compliance with the legislation on the contract system. So, in the section on the responsibility of the parties, we took into account the norm on the calculation of penalties for delay based on the cost of the contract stage.
The winner of the purchase did not send the contract to the customer on time, so he was found to have evaded.
The winner explained that he did not send the contract for reasons beyond his control: the prices of construction materials for the work have increased, so he does not have the financial ability to fulfill his obligations. Failure to sign a contract is not an intentional act.
The government has listed the nuances of public procurement in 2021 of hardware and software complexes for screening assessment of the body and testing the level of physical fitness. The order has entered into force.
The purchase will be carried out in the form of an open electronic tender. Participants must meet the additional requirements: to
carry out technological operations in the Russian Federation or in the EAEU countries during the production of these complexes, which are evaluated by the sum of points according to Appendix N 1;
The application of the procurement participant with a ban on the admission of foreign goods was recognized as not meeting the requirements of the documentation. He did not provide an extract from the register of Russian or Eurasian industrial products indicating the numbers of the registry entries.
The participant did not agree with this: he attached a conclusion to the application confirming the production of industrial products in the Russian Federation. On its basis, information about Russian goods is included in the register. In addition, he himself declared the country of origin of the goods.
The winner did not sign the contract on time. Since he was found to have evaded, the customer concluded a contract with the second participant at a higher price.
The customer demanded that the winner compensate for losses in the form of the difference between his price and the value of the contract with the second participant. The claim remained unanswered.
The courts supported the customer:
the fact of evasion from the conclusion of the contract is confirmed;
When describing the object of purchase, customers indicate, among other things, the dosage form of the drug, including its equivalent forms. In the register of medicines under the international nonproprietary name (INN) "Vancomycin", drugs in the following forms are registered:
powder for preparing a solution for infusions;
lyophilizate for the preparation of this solution.
In Russia, within the framework of this INN, there are drugs in such equivalent forms:
powder for preparing a solution for infusions and oral administration;
The Ministry of Finance has prepared amendments to the decree banning the admission of foreign software.
To confirm that the product does not fall under the established ban, participants will be required to indicate the name of the program and the entry number in the register of Russian or Eurasian software. The participants will submit these data together with the proposal for the object of purchase (p.1 of the draft amendments).
When purchasing works (services) under paragraphs "b" and "d" of paragraph 2 (1) of the resolution, participants will be able to confirm compliance in one of the ways (p. 1-2 of the draft amendments):
specify in the application the name of the program, the number of the entry from the register and (or) information about the rights to it that are subject to transfer to the customer (another person) based on the results of the contract execution;
The parties have signed a contract. It provided for penalties in the amount of 1% of the contract amount for each day of delay in the fulfillment of obligations by the supplier. The latter appealed to the court to recognize such a condition as null and void. The first instance agreed with him: the amount of penalties in the contract is higher than their value under Law No. 44-FZ. For each day of delay, the penalties should be 1/300 of the key rate of the Central Bank of the Russian Federation effective on the date of payment of the penalties from the amount not paid on time.
The appeal and cassation decided that the condition on the amount of penalties greater than specified in Law No. 44-FZ does not contradict the law and is not a basis for declaring the disputed condition invalid.