The customer is not entitled to violate the terms of the contract, even if after the results of the procurement chief administrator of budgetary funds withdraw from the account of the customer limits of budgetary obligations, distributed prior to the adoption of the budget law.
This obligation of the customer is retained even if the contract does not provide for its gradual execution, but delivery and payment are made regularly.
Ministry of Economic Development of Russian Federation also noted that in this case the inclusion of information on the supplier (contractor, executor) in Register of unfair suppliers because of non-fulfillment of the contract can only limit its subsequent participation in the procurement if the customer has established the requirement of the absence of information about the participant in the registry.
The State procurement Committee of the Republic of Tatarstan, Republican Press and Mass Communications Agency «Tatmedia» and SUE RT «Procurement Development Center of the Republic of Tatarstan» Republican conduct competition for the best coverage in the mass media issues about contract system in the procurement of goods, works, services for state and municipal needs.
Customer during the request for quotations rejected a request of the participant. The competition authority examined his application and recognized these actions as unlawful. The customer has signed a contract with another person, without waiting seven-day period for the expiration of the Federal Law of 05.04.2013 N 44-FL. Member appealed to the court for recovery of the amount of lost profits.
This conclusion is based on an analysis of part 15 Art. 34 of the Federal Law dated 05.04.2013 N 44-FL.
June 11, 2015 was finished training for contract services and contract managers on training program on the topic "The contract system in the area of procurement of goods, works and services for state and municipal needs."
The customer found that the date of the deadline for submission of participation applications for in the auction is a non-working day. The competition authority found the actions of the customer's legitimate. The applicant with the decision disagreed and appealed to the court.
The competition authority on participants appeal identified a number of violations of the Federal Law of 05.04.2013 N 44-FL. So, documentation containing the requirements of attracting small business entities as subcontractors and socially-oriented non-profit organizations, the percentage of their participation had to be at least 30 percent of the contract value, determined accurately.