NEWS

The parties signed a contract for the supply of electricity. The customer paid it late, so the supplier accrued penalties under the Law on Electric Power Industry.

The customer carried out the purchase of works on the preservation of cultural heritage objects (hereinafter - OKN).
The participant's application was rejected because he submitted a contract without an acceptance certificate to confirm the experience.

The customer recognized the winner of the electronic request for quotations as evaded, because he did not sign the contract on time. The controllers included the information in the RNP.
The Court of first instance and the appeal considered their decision illegal:

When purchasing plastic disposable medical products from the government list, the NMCC is calculated according to a special methodology. From August 1, the norm that establishes this requirement will become invalid.

The supervisors received a complaint that the experience of the procurement participant was incorrectly evaluated.
The customer objected. According to the terms of the purchase, in order to confirm the experience, a register of contracts (contracts) in Word or Excel format with the ability to copy text should be attached to the application. Registries in other formats where data cannot be copied were not accepted for evaluation. The participant submitted documents in PDF format, so his experience was rated at 0 points.

The rules for maintaining the register of contracts contain a list of information that is sent to be added to the register at the conclusion of the contract. The control bodies check it, in particular, for compliance with the terms of the contract.
The Treasury, among other things, noted that according to Law No. 44-FZ, part of the information for the register is not necessarily in the contract, for example, the code of types of expenses. They are checked only if available. However, this code should be specified to monitor compliance with the amount of funding.

The parties have signed a contract for the work. The customer paid for them partially, since the hidden works were performed without his representatives, and he did not receive a separate notification of their acceptance.
The contractor explained that the customer was informed about the readiness of hidden works, but his representatives did not arrive for acceptance. Therefore, the acts were drawn up unilaterally.

The government has published the procedure by which customers will be able to pay with counterparties directly, without opening a personal account with the Treasury. The document will become effective on July 12, 2022.

The goods were not delivered on time. The customer accrued penalties for violation of deadlines and a fine for not fulfilling the contract. After that, he received a payment under the guarantee.

Later, the supplier fulfilled its obligations and demanded a refund of the fine amount. The customer illegally applied several types of liability for delay.

The court did not support him. The claim and the warranty claim were sent before the delivery of the goods. There is no double responsibility, since the fine was withheld not for delay, but for non-fulfillment of the contract.

The procurement participant complained that the customer incorrectly set additional requirements. According to the project documentation, the overhaul should be performed on a linear object, but the customer chose a position for capital construction objects.
The inspectors found the complaint justified. The design documentation was developed for a linear object, therefore, work on its repair was purchased. The customer mistakenly established additional requirements for the position for capital construction objects.