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The collective participant complained that when evaluating applications according to the "qualification" criterion, his financial condition was determined incorrectly. We added up the loss indicators without taking into account the share of each of its members. The final figure exceeded 100% Because of this, the participant did not become the winner.
The supervisors reminded: if the participant of the purchase is a group of persons, the documentation requirements must be presented to the entire group in aggregate. At the same time, a violation was found in the actions of the customer.
Three instances supported the controllers:

According to amendments to Law No. 44-FZ, any member of the commission, contract manager or employee of the contract service of any customer must report a conflict of interest. Amendments to Law No. 223-FZ oblige managers and members of commissions of all customers to resolve conflicts of interest.
Public procurement
Any members of the procurement commission must immediately report a conflict of interest (paragraphs "b" and "c" of paragraph 4 of Article 2 of the amendments). Now this applies, for example, to civil servants and employees from the lists of positions in institutions and other organizations created to fulfill the tasks of federal government agencies. A similar obligation will appear for all employees of contract services and contract managers (paragraph "b" of paragraph 3 of Article 2 of the amendments). Recall that for violating this requirement, you can dismiss an employee under an employment contract, and not just a civil servant.
The list of persons who cannot be members of the commission has been adjusted:
the experts involved in assessing the compliance of participants with additional requirements have been excluded;
added employees of participants-individuals.

The Agency indicated: for small purchases from a supplier according to clauses 4 and 5 of Part 1 of Article 93 of Law No. 44-FZ, there are restrictions only on the annual volume and price of a separate contract. Taking them into account, for these reasons, the customer has the right to purchase, among other things, goods, works and services of the same name.

The changes will give customers under the Law 44-FZ the opportunity not to apply the established marginal prices until December 31, 2022. The decision will allow organizations to continue to carry out necessary purchases against the background of significant price changes in most commodity markets if the actual price of a unit of goods, work and services exceeds the maximum price set earlier in the departmental list of normalized goods, works and services (Decree of the Government of the Russian Federation No. 1051 of June 9, 2022 "On Amendments to the Decree of the Government of the Russian Federation Federation of October 20, 2014 No. 1084"1).

The Ministry of Finance told what rules to use for contracts with a single supplier, which were concluded under an act of the regional government.
The Agency listed two rules that apply to contracts with a single supplier on the basis of an act of a state agency (Article 15 of Law No. 46-FZ):
1. It is necessary to plan, execute a contract and include information in the register of contracts according to the same rules that are established for contracts under paragraph 2 of part 1 of Article 93 of Law No. 44-FZ.
For example, when you include data in the register of contracts, use the basis under paragraph 2 of Part 1 of Article 93 of Law No. 44-FZ: "Procurement of goods, works, services from a single supplier (contractor, contractor) determined by decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, contractor) determined by a decree or order of the Government of the Russian Federation."

It is planned that when purchasing with offset contracts, the participants will confirm by choice (paragraph "b" of paragraph 3 of the draft amendments):
the presence of experience in the execution of the contract. It must be confirmed by an executed state contract or contract under Law No. 223-FZ, acceptance certificates (subclause "a" of clause 2 of the draft amendments);
availability for the last 5 years before the date of purchase of data on the amount of revenue of at least 20% of the NMCC (paragraph 4 of paragraph "b" of paragraph 2 of the draft amendments). They will be confirmed by income tax returns or financial results reports;
availability for the last 5 years prior to the date of purchase of information on the volume of capital investments of at least 20% of the minimum volume of investments that the supplier - investor must make under the offset contract (paragraph 4 of paragraph "b" of paragraph 2 of the draft amendments). They will be confirmed by the balance sheets with appendices.

If the counterparty has not fulfilled its obligations under the contract, the customer is obliged to demand a penalty, in particular, for delay.
The Agency noted, among other things: the penalty can be collected by paying for the contract or ensuring its execution, including at the expense of an independent guarantee, unless otherwise provided in it.

The parties signed a contract for the repair of the highway. Due to bad weather, the contractor suspended work. The customer terminated the transaction unilaterally — there are shortcomings in the repair and it will not be completed on time. The information was not included in the RNP.
The customer did not accept and did not pay for the work. The contractor appealed to the court.
Three instances satisfied the claim:
the customer did not prepare the construction site in time. A significant part of the repairs took place in the winter. He was informed that the main work was completed, and the rest was suspended due to bad weather;
the low temperature and heavy precipitation were confirmed in a special institution. According to the SNIP and GOST, it is impossible to perform work in such conditions — the result may be negative. The controllers also agreed with this;

The participant of the auction for the supply of ultrasound devices complained that the customer illegally indicated their characteristics not according to KTRU. When purchasing goods from the list of foreign electronic products (REP), this is prohibited.
The customer objected:
the special properties of the products were indicated in order to provide high-quality medical care and receive goods with the necessary functions. Otherwise it cannot be used for its intended purpose;
higher requirements were set for the purchase of innovative and high-tech products;
the codes from the KTRU did not fit, so the object of purchase was described according to Law No. 44-FZ and GOST.

The Ministry has prepared amendments to the Budget Code of the Russian Federation, which will simplify and speed up payments for delivered goods, including construction materials, work performed and services rendered with treasury support of state contracts. The project has already been approved by the Federation Council (Information from the Ministry of Finance of Russia dated May 25, 2022.).
According to the new rules, the supplier or contractor can receive payment for goods already delivered, works performed, services rendered under subcontracts immediately to his bank account, that is, without opening a personal account with the Treasury. At the same time, suppliers of construction materials and equipment will be able to immediately receive not only payment for delivery to bank accounts, but also advances under contracts / contracts.