The customer recognized the winner as evaded, since the security was listed according to the details from the draft contract, and not from the notice.
The winner appealed this decision. The controllers supported him. In their opinion, the security was transferred to another account due to the fault of the customer. He incorrectly specified the details in the draft contract, which violated Law No. 44-FZ.
The courts of three instances decided otherwise:
The customer purchased works with project documentation. The antimonopoly authority received a complaint that it was not placed in the EIS. The customer explained that he did it in the cloud storage.
The inspectors recognized this as a violation:
the description of the object of purchase should include project documentation. According to the Law No. 44-FZ, it is placed in the EIS, and not in the "cloud". Participants must have full information about what the customer is purchasing;
It is planned that the procurement will require the absence of information about the participant and other persons from the application in the RNP, if they were included in the register after the contract was rejected due to sanctions and (or) restrictions against the customer.
They want to make such amendments to the resolution on additional requirements for procurement participants.
The courts no longer accept lawsuits from financial consumers complaining about the actions of financial institutions. At the same time, in the event of a dispute with a financial organization, entrepreneurs of Tatarstan can apply to the financial ombudsman to resolve the issue.
We are talking about disputes that are subject to pre-trial settlement in accordance with the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services". According to him, in most cases, before filing a lawsuit against a financial institution, it is necessary to contact the financial ombudsman.
The Financial Ombudsman considers disputes with the following financial organizations: insurance companies, banks, microfinance organizations (MFIs), pawnshops, consumer credit cooperatives (CCCs), non-state pension funds (NPFs).
You can check whether your dispute is subject to consideration by the Financial Ombudsman using a special service by answering a few simple questions.
Since May 3, 2022, all Russian organizations, including customers under laws No. 44-FZ and 223-FZ, are prohibited from entering into transactions with companies and individuals who are under Russian sanctions, and with persons controlled by them. In addition, with the listed participants, it is impossible to:
execute transactions that were concluded but not executed before May 3, 2022;
conduct financial transactions;
to export goods and raw materials for them.
The antimonopoly authority received a complaint: the customer incorrectly set additional requirements for the participants of the purchase for the overhaul of the bridge.
The customer decided that the work was related to road activities, and established additional requirements in this area.
The controllers did not agree with him:
the bridge is an independent object of capital construction. When purchasing work on its repair, additional requirements are established in the field of urban planning (work on the overhaul of the capital construction facility, except for linear);
The customer purchased design and survey work. According to the terms of the purchase, the participant must be in two SRO: in the field of engineering surveys and architectural and construction design.
The supervisors saw a violation in the fact that the requirement for membership in the SRO in the field of engineering research restricts competition. Survey work is not an independent object of purchase, they can be performed with the help of subcontractors participating in the necessary SRO.
The courts did not agree with them, because:
The application of the participant in the purchase of school catering services was rejected for non-compliance with the additional requirements: the price of the confirming contract was less than 20% of the NMCC.
The documentation established the requirement that participants from among the MSPs have the status of a manufacturer of goods or a dealer. If there is no such status, you need to get documents from them to confirm the right to supply.
The contractor performed part of the work in violation of the deadline. The customer accrued penalties, and the parties terminated the contract by agreement.