NEWS

The specialists of the Ministry of Finance of the Russian Federation reminded in their letter that the description of the subject of competitive procurement is determined by the customer independently in the documentation on competitive procurement in accordance with the procurement regulations and the requirements of Law No. 223-FZ.

The procurement regulations have fixed 24 grounds for purchasing from a supplier, including in competitive markets. The inspectors found a violation in this and ordered it to be eliminated.
Three instances supported the controllers

The parties agreed on the supply of milk to a number of institutions of the customer. The examination found that 2 of them received goods that did not comply with the contract. The supplier did not change it because he was not informed about the examination. The customer refused the contract.

The participant complained that not all sections of the project documentation were placed in the notice of the purchase of the overhaul.
The customer explained: the necessary information about the object of purchase is in the main sections of the project. They were placed as part of the notification. This is enough for the participant to form a proposal.

In January, the parties signed a contract for the supply of paper. In March, the supplier offered to terminate the deal under the agreement — it became unprofitable due to the rise in the cost of materials. The customer refused.

The construction sector shows positive dynamics. So, at the moment, the planned federal budget expenditures on construction contracts have already been implemented for 85% of state contracts.

The Ministry of Finance has published a letter explaining how customers under Law No. 223-FZ can place a notice on non-competitive purchases in the EIS.

The parties agreed to repair the highway. The customer identified 2 defects as a result of the work. Since they were not eliminated, he added a double fine. The contractor did not pay.

The customer has set 2 values of NMCD in the documentation: with and without VAT. When evaluating applications, the tax was not taken into account. The FAS ordered to eliminate the violation.
Three instances supported the controllers:
The Law N 223-FZ does not allow setting 2 values of NMCD (with and without VAT). The customer should have specified 1 for all participants regardless of their taxation system;

Rationing
By the end of the year, for a number of customers, the requirements for marginal prices were relaxed as part of the rationing of public procurement.
Conflict of interest
We have published amendments on the settlement of conflicts of interest in public procurement and procurement of certain types of legal entities. We have determined who is taking measures so that a conflict does not arise, and who cannot become a member of the procurement commission.