NEWS

The customer has established a procedure for evaluating applications without VAT. Controllers recognized this as a violation.

The winner of the procurement for the supply of cheese did not sign the contract and did not provide its security. The customer recognized him as having evaded.

In order to assess the qualifications of the bidders in terms of the "experience" indicator, the customer accepted completed contracts for the subject of procurement, the cost of each of which was not less than the NMTsK.

According to the new rules, starting from March 23, the TPR does not include suppliers who have not fulfilled the contract due to external sanctions (Decree No. 417 dated March 21, 2022). The department explained how this rule works.

Competitive procurement was recognized as failed, since only one application met its conditions. This right was provided for in the procurement regulations. The tender was re-announced.

Among other things, they proposed speeding up payment for contracts, temporarily not applying the requirement to ensure their execution, prohibiting the use of foreign currency in the calculation of NMCC, clarifying procedural deadlines. The draft was adopted in the third reading on April 6. Read more in the review.
Payment of contracts
They want to adjust the settlement period for all contracts (clauses "b" of clause 6 of Article 2 of the draft on p. 16, clauses "b" of clause 8 of Article 2 of the draft on p. 16-18). It will be:
no more than 15 working days if the purchase was announced from January 1 to April 30, 2022 inclusive;
no more than 7 working days if it was announced from May 1, 2022;
For some cases, other deadlines have been provided. So, the deadline will be no more than 10 working days if the acceptance is issued without an EIS.
The deadline is still counted from the date when the customer signed the acceptance document.
Contract enforcement
Customers are going to be allowed until the end of the year in most cases not to establish a requirement to ensure the performance of the contract, warranty obligations (sub-clause "d" of clause 23 of Article 2 of the draft on page 27).

The counterparty provided services behind schedule. The customer decided that it would not be possible to fulfill the contract on time, and terminated it unilaterally.
The controllers did not include the information in the RNP: they did not prove the fact of evasion from the execution of the contract, they did not violate the general term for it.
The courts of three instances agreed with them, since the executor tried to fulfill the obligations, namely:

The project, among other things, concerns the requirements for an independent guarantee in competitive procurement from MSPs.
So, in order to secure applications and contracts, the customer will accept guarantees, for example, of banks from the list under Law No. 44-FZ (sub-clause "b" of clause 2 of Article 1 of the draft on page 2).
The guarantee includes a number of conditions, in particular about the validity period:
at least 1 month from the deadline for submission applications — to secure applications (clause "b" of clause 2 of Article 1 of the draft on page 3);

The supplier informed the customer that he could not deliver the goods due to restrictions in the country of the manufacturer. The customer refused to fulfill the contract. The controllers did not include the information in the RNP.
The courts of three instances supported their decision because the supplier:
failed to fulfill obligations on time due to circumstances beyond his control;
offered the customer to suspend the contract or terminate it by agreement of the parties;

Since March 31, according to Law No. 223-FZ, customers (except for organizations with municipal participation) have been prohibited from purchasing
foreign software, including as part of hardware and software complexes for use at critical information infrastructure facilities of the Russian Federation (hereinafter referred to as CII facilities), without approval from the federal agency that will determine the Government of the Russian Federation;