NEWS

Since the beginning of the year, when executing a contract based on the results of electronic procedures, most closed electronic procedures, acceptance documents are issued through the EIS.
Among other things, the agency explained that they can be corrected in the system. Non-essential conditions, for example, information about the address of the consignee, are changed in the acceptance document both before and after its signing.

The winner of the purchase for the supply of products did not sign the contract on time and did not provide collateral. The customer recognized him as evading and sent the information for inclusion in the RNP.
The winner explained that he was forced not to conclude a contract, because the prices of products have increased. He confirmed this with commercial offers with prices that were valid on the dates of the purchase and signing of the contract. The price of the product has become higher than he offered in the application.
The controllers were not convinced by this argument:

The antimonopoly authority received a complaint that the customer did not establish additional requirements for procurement participants in the field of road activities. The customer explained that he did not do this, because he purchased the sidewalk repair work, not the highway.

According to experts of the Ministry of Finance of the Russian Federation, if the purchased goods, work, service are included simultaneously in both lists approved by the Decree of the Government of the Russian Federation No. 3500-r dated December 8, 2021, advantages in the procurement are provided to both institutions and enterprises of the UIS and organizations of disabled people (Letter of the Ministry of Finance of the Russian Federation dated February 21, 2022 No. 24-01-08/11994).
In other words, if, when purchasing such goods, works, services, a contract is concluded with a procurement participant who is an institution or an enterprise of the UIS, the benefits are provided in accordance with Article 28 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs", and if with an organization of disabled people – in accordance with Article 29 of Law No. 44-FZ.
Recall that the benefits provided for in Article 29 of Law No. 44-FZ apply to organizations of disabled persons listed in Part 2 of Article 29 of Law No. 44-FZ, namely::

The inspectors found out that the winner of the purchase, contrary to its conditions, submitted an application for participation in the auction without a properly issued license for the provision of services. This was considered unfair competition.
The courts agreed with this interpretation, because other participants with the proper permission could not win the purchase. The winner was obliged to return income to the budget under a partially executed contract. He refused and reached the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation, among other things, called the circumstances under which participation in an auction without a properly issued license and the execution of a contract concluded on its results cannot be considered unfair competition. We are talking about such circumstances:

As part of the execution of the contract for the processing of wood into solid fuel with delivery to the consignees, the contractor turned to the customer's representatives to obtain raw materials, the provision of which was refused to him. The contract was executed by the contractor through the use of its own raw materials (Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2021).
In connection with the refusal of the customer to pay for the work performed, the contractor appealed to the arbitration court with a corresponding claim.
The decision of the court of first instance, left unchanged by the decisions of the court of appeal and cassation instances, the application was refused.

The Government of the Russian Federation has amended the Decree of the Government of the Russian Federation dated August 22, 2016 No. 832 "On restrictions on the admission of certain types of food products originating from Foreign Countries for the purposes of procurement for State and municipal needs."

The parties signed a contract for services for the preparation and supply of hot food to a special reception at a price based on its average daily occupancy. Obligations were fulfilled according to requests.
The contractor appealed to the court because the customer did not pay for part of the services.
The courts of three instances supported him:
the occupancy of the receiver turned out to be more than defined in the contract, so the money was spent on payment before the expiration of its validity.

A digital platform for small and medium-sized enterprises (SMEs) has been launched in Russia.The Russian Service was created thanks to the national project to support entrepreneurship.
The platform will allow you to get the most popular government and commercial services and services for business development. At the moment, there are 11 online assistant services available that are necessary for starting and running a business. By the end of the year there will be more than 15 of them. The list of services was determined by the entrepreneurs themselves who participated in the development of the platform. It is currently running in test mode.

35 indicators are available to a legal entity on the platform, 15 parameters will be shown to an individual entrepreneur (IE), including data on stop factors. The entrepreneur will be able to see whether there is a tax debt, whether the terms of use of previously provided support have been violated.

From January 1, new additional requirements apply to procurement participants. They were grouped into sections depending on the scope of goods, works, services.
The Agency noted: the type or scope of the customer's activity does not form the conditions for the application of such requirements (p. 7 of the letter). Note that there is a different opinion in administrative practice.