NEWS

In January, the parties signed a contract for the supply of paper. In March, the supplier offered to terminate the deal under the agreement — it became unprofitable due to the rise in the cost of materials. The customer refused.

The construction sector shows positive dynamics. So, at the moment, the planned federal budget expenditures on construction contracts have already been implemented for 85% of state contracts.

The Ministry of Finance has published a letter explaining how customers under Law No. 223-FZ can place a notice on non-competitive purchases in the EIS.

The parties agreed to repair the highway. The customer identified 2 defects as a result of the work. Since they were not eliminated, he added a double fine. The contractor did not pay.

The customer has set 2 values of NMCD in the documentation: with and without VAT. When evaluating applications, the tax was not taken into account. The FAS ordered to eliminate the violation.
Three instances supported the controllers:
The Law N 223-FZ does not allow setting 2 values of NMCD (with and without VAT). The customer should have specified 1 for all participants regardless of their taxation system;

Rationing
By the end of the year, for a number of customers, the requirements for marginal prices were relaxed as part of the rationing of public procurement.
Conflict of interest
We have published amendments on the settlement of conflicts of interest in public procurement and procurement of certain types of legal entities. We have determined who is taking measures so that a conflict does not arise, and who cannot become a member of the procurement commission.

As experts of the antimonopoly department note in their letter, in accordance with Part 12 of Article 93 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs" in cases provided for in paragraphs 4 and 5 of Part 1 of Article 93 of the Law No. 44-FZ, the purchase from a single counterparty can be carried out in electronic form using an electronic platform for an amount not exceeding 3 million rubles. Such purchases relate to electronic procedures by virtue of Part 3 of Article 24 of Law No. 44-FZ.

The customer accepted the result of the construction contract, it was terminated by agreement. The contractor demanded to pay for additional work, which was provided for in the project documentation, but not in the estimate.

The customer purchased the medicine from the VED. The "third extra" mechanism has worked. Special admission conditions were applied to the winner's application, since his goods are produced in the EAEU at all stages.

Inspectors complained that the product was described for a specific manufacturer. The customer allowed the equivalent to be supplied only with identical parameters, but the analogue cannot match the properties of the subject of purchase. Instead of the ranges of the required values, they indicated that the equivalent is a product that is not inferior in characteristics to the parameters from the documentation.