The cassation has considered that it is possible not to include in the draft of the government contract a condition about a deduction of taxes from payment. We don't recommend to hurry with application of this conclusion. He disperses from a position of the Supreme Court. According to the Supreme Court, the condition about a deduction of taxes from payment to the natural person has to be in the draft contract as at the conclusion the contract can't be changed in this part.
Marriage of the head of the customer and CEO of the participant and also close relationship, the adoption relations will be considered as the conflict of interests. Other cases of the conflict of interests also are listed in the project.
On the project it will be necessary to pay off with subcontractors and collaborators from among SMP and COHKO quicker. Instead of 30 calendar days it will need to be done in 15 working days from the date of signing by the performer of the document on acceptance.
Dear procurement specialists!
№44 Federal Law does not require the expressing of security in a fixed amount of money, noted the Economic College of the Supreme Court as applied to the tender documentation.
Since August 16, state customers must to re-formulate the requirements for the procurement participants in a new way. If the competition is announced before this date, no changes to the documentation will be required.
The department, as before, continues to believe that the identity of the supplier is of significant importance to the customer. The assignment of claims under contracts contradicts budgetary legislation. The right can not even transfer to claim for reimbursement of court expenses.
This opinion was expressed by the Novosibirsk Office of the Federal Antimonopoly Service.
The Ministry of Industry and Trade has drafted amendments to several government decrees. Innovations relate to the following provisions:
Among the most significant amendments to Law No. 44-Federal Law proposed in the draft, we note the following: