NEWS

From July 9, the specifics of purchases under offset contracts will be clarified, for example:
• the minimum investment volume under such a contract will be reduced from 1 billion to 100 million rubles. If it is concluded for several regions, then from 2024 the volume will be at least 400 million rubles;
• the mandatory conditions of the offset contract will be fixed. One of them is the maximum quantity of goods (services) that can be provided directly to other customers of the region in a year. It should not exceed 30% of the products produced (the volume of services rendered). The requirement will become mandatory from 2024.
Also, from July 9, not only state or municipal medical organizations, but also other customers will be able to purchase medical products and consumables from the supplier, subject to a number of conditions. However, the purchase of medicines on this basis will be prohibited.

The parties have signed a construction contract. The customer did not accept the work because the result did not meet the project documentation. He received a payment under the guarantee.
According to the contractor, the work was done qualitatively, and the project was abandoned for objective reasons. He went to court to recover, among other things, a debt, a penalty, unjustified enrichment (payment under a guarantee).
Three instances supported him:
the contractor retreated from the project, technical specifications and estimates, but this did not worsen the result. The object can be used for its intended purpose, it is of high quality and meets the standards. The customer has not proved the opposite;
to put an object into operation, you can change the project documentation for what has already been built.

The participant submitted 2 applications for the day and made a provision for a special account. Both declined. Since the participant's application was already rejected earlier this quarter, the EP operator transferred the provision of the third application to the customer.
Three instances have recovered unjustified enrichment:
a prerequisite for such a financial sanction is the systematic nature of the violation. The participant should know that 2 of his applications in the quarter have already been rejected, but ignore the consequences. This has not been confirmed;

The Ministry of Finance noted: if customers were allowed to purchase goods, works and services in 2022 without taking into account marginal prices, the NMCC should be determined in a general manner.
The agency clarified that marginal prices are still mandatory only in purchases for federal needs:
mobile communications equipment and services;
tablets and laptops;
internet service providers;
official passenger cars.

Since May 3, federal, regional state authorities, local self-government bodies, etc. have been banned, among other things, from making transactions with persons under sanctions.
The Ministry of Finance, in particular, explained: on the basis of paragraph 1 of Part 1 of Article 31 of Law No. 44-FZ, a requirement must be established in the notification that such persons cannot become participants in the procurement. Their list has already been determined by the government.

The auction winner provided an independent guarantee and signed the contract on time. The customer did not do this, did not report the reasons.

The contractor completed the design work on time. During the state examination, the customer found that he had not taken into account a number of items in the technical task, and asked to include them in the project. The contractor did it, but the customer refused the contract — the final result of the work was not achieved on time.

From July 1, some mandatory requirements for a security guarantee for competitive procurement from MSPs under Law No. 223-FZ will come into force. For example, that the customer will accept it from the same guarantors as under Law No. 44-FZ.
The Ministry of Finance proposed to approve the provision on independent guarantees. In it, in particular, they want to define standard forms of guarantees for securing applications and contracts, as well as additional requirements for them. Among other things, the warranty will include the following conditions:
that a bank or a regional guarantee organization must fulfill its obligations, even if they have been excluded from the relevant lists;
in which arbitration court will resolve disputes in connection with the fulfillment of obligations under the guarantee.

The customer has concluded contracts for the current repair of roads with contractors on the USN. There was a condition in the draft contracts to include VAT in the price. However, when concluding agreements, the tax was excluded from it, and the estimates were recalculated using coefficients.
The supervisors saw a violation and sent a submission to the customer, despite the fact that the contracts were concluded at the prices of the winners of the purchases. The courts supported the inspectors:
the contract must be concluded on the terms stipulated by the notice and documentation;
it is impossible to change the price structure using coefficients that are not in the legislation, documentation or contract;

The antimonopoly authority received a complaint: when purchasing work on capital repairs, membership in the SRO is illegally required.
The inspectors found the complaint justified. From May 1, 2022, it is possible to perform work without such participation if their price for each construction contract is no more than 10 million rubles. Since the initial (maximum) contract price is lower, the customer's demand is unlawful.
The Pskov and Yamalo-Nenets UFAS, in particular, came to similar conclusions.