NEWS

The specialists of the Ministry of Finance of the Russian Federation stressed in their letter that the provisions of Article 3.2 and Article 3.4 of Federal Law No. 223 do not provide for reducing the contract price to zero and concluding a contract at a price equal to zero.

Contractors were released from the obligation to transfer documents about the country of origin of the goods during the execution of the contract. We are talking about the documents on the basis of which the products were included in the register of Russian industrial products or the Eurasian register of industrial goods.

Director of the Department Tatyana Demidova told about the work of the procurement system last year and further directions of development at the conference "The future of the procurement market in Russia: from shock to development."

A participant in the purchase of medical devices complained that the customer did not reject the winner's application due to false information. He offered non-original products and declared its compatibility with the customer's equipment, although:

The agency clarified: if the object of purchase includes the provision of services and the supply of products from the list, when describing the latter, the share of secondary raw materials is indicated. The rule applies to goods that are planned to be accepted for accounting.

According to representatives of the Ministry of Finance of the Russian Federation, the specifics of the formation of lots, established by paragraph 1 of the Decree of the Government of the Russian Federation dated 04/19/2021 No. 620 "On the requirement for the formation of lots in the procurement of medical devices that are the object of procurement for state and municipal needs" (hereinafter - Resolution No. 620), are applied based on the amount of money paid for execution of the relevant contracts in the previous year.

Specialists of the Ministry of Digital Development, Communications and Mass Communications of Russia in their letter, in particular, noted that the ban on the admission of foreign software, established in accordance with the Decree of the Government of the Russian Federation dated 16.11.2015 N 1236 "On the establishment of a ban on the admission of software originating from foreign countries for the purposes of procurement for state and municipal needs", applies to the purchase, if its terms provide for the installation of software on the purchased equipment and the transfer of rights to it.

Among other things, the Agency noted: if customers do not approve the procurement documentation during open procedures, this does not mean that they can avoid responsibility, since the information is reflected in the notice.

When transferring to the customer the goods specified in the annex to the Decree of the Government of the Russian Federation of 30.04.2020 N 616 "On the establishment of a ban on the admission of Industrial goods Originating from Foreign States for the Purposes of Procurement for State and Municipal Needs, as well as industrial goods originating from foreign states, works (services) performed (rendered) by foreign persons, for the purposes of procurement for the needs of the country's defense and state security" (hereinafter - Resolution No. 616), the supplier must provide him with a valid conclusion confirming the production of industrial products on the territory of the Russian Federation (paragraph 10.3 of Resolution No. 616).

Based on the results of small purchases, two contracts were concluded with a single supplier. Transactions were terminated by agreement due to improper execution. Later, the customer went to court to collect a fine from the counterparty.