Since the new year, the amount of the contract, which is concluded with the only supplier following the results of the failed competitive procurement from small businesses and socially oriented non-profit organizations, is taken into account in the mandatory volume of such purchases. In addition, it should be included in the total annual volume of purchases to calculate this volume. The Agency believes that the report for 2018 should be prepared taking into account these changes.
Section V "Production of power engineering, electrotechnical and cable industry" of Appendix to the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About criteria of reference of industrial production to the industrial production which has no analogs made in the Russian Federation" (further – Appendix) changes are made.
The Antimonopoly authority, which is considering the inclusion of the contractor in the register of unscrupulous suppliers in connection with the breach of contract, must examine all the circumstances of the case and the documents confirming and refuting the violation.
The Commission rejected the application for non-compliance with the requirements of the documentation, but did not specify a specific reason in the Protocol. The participant challenged this decision in the Antimonopoly authority.
The Law N 44-FZ introduced a number of innovations relating to control issues. Thus, the government should establish a single procedure for inspections. Electronic procurement will follow more supervisors. The risk of cancellation of the purchase due to complaints of unscrupulous participants and public associations will be reduced.
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.
Выделите текст, чтобы посмотреть примеры
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.