NEWS
Representatives of the Ministry of Finance of the Russian Federation in their letter, in particular, note that according to Part 3 of Article 24 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", the purchase of goods from a single supplier for the amount provided for in Part 12 of Article 93 of Law No. 44-FZ is also considered an electronic procedure for the purposes of Law No. 44-FZ. By virtue of Part 1 of Article 24.1 of Law No. 44-FZ, electronic procedures are provided on the electronic platform by the operator of the electronic platform. At the same time, the operators of the electronic platform are legal entities that comply with the uniform and additional requirements established by the provisions of Part 2 of Article 24.1 of Law No. 44-FZ, and are included in the list of operators of electronic platforms approved by the Government of the Russian Federation (paragraph 18 of Part 1 of Article 3 of Law No. 44-FZ) (Letter of the Ministry of Finance of the Russian Federation dated January 18, 2022 No. 24-06-08/2160).
Upon acceptance, the customer identified a discrepancy in the quality of the goods, among other things, and asked to eliminate the shortcomings.
After the supplier did this, the customer accepted the goods without comment and demanded to pay penalties for late delivery, as well as a fine for low-quality goods.
The supplier acknowledged the penalty, but did not agree with the fine: he eliminated all the shortcomings of the product, which was accepted without comment.
The courts of three instances supported the supplier:
they fulfilled their obligations under the contract, albeit with delay;
controllers punished customers for the following errors:
We applied the "third extra" rule without a sufficient number of applications
If there are no applications with products from the EAEU or one such application has been received, it is impossible to reject applications with foreign goods. Komi UFAS, Novosibirsk UFAS, Murmansk UFAS drew attention to this.
Deviated from the characteristics of the goods specified in the permission of the Ministry of Industry and Trade
The FAS of Russia and the Novgorod UFAS noted: if the Ministry of Industry and Trade allowed not to apply prohibitions, the characteristics of the goods in the technical task should coincide with the characteristics agreed by the department. Note that in these cases the discrepancies were significant. Controllers can forgive inconsistencies in indicators that do not affect production characteristics. This is what the Samara UFAS did.
The customer recognized the purchase as failed and announced it anew, since only one application was allowed to participate in the procedure. He established such a right in the procurement regulations and documentation.
The only participant complained that a contract was not concluded with him. The controllers supported him.
The customer explained, among other things: he refused the contract with the participant and announced a new purchase in order to ensure competition.
The courts of three instances supported the controllers:
The winner did not sign the contract on time. The customer recognized him as evading.
The supervisors did not include the information in the RNP, because the winner
did not fulfill his obligations in a timely manner due to the fact that the authorized employee (director) fell ill. In the sick list there are dates of disability that fell during the period of signing the contract;
issued the contract security;
Since January 1, meetings of the competitive procurement commission can be held remotely via video conferencing (VCS) in compliance with the legislation on the protection of state secrets.
The procurement participant complained that in the draft contract, the deadline for providing his new security in case the old one ceased to be valid was specified in banking days. This does not comply with the Civil Code of the Russian Federation.
The controllers supported the participant. The courts agreed with them:
In the first reading, a draft was approved on the introduction of a mechanism for "growing" suppliers, contractors, performers from among MSPs for their potential participation in procurement under Law No. 223-FZ.
It is planned that the government, among other things, will approve (p. 5 of the project):
a list of customers under Law No. 223-FZ who have the right to approve development programs for suppliers (contractors, performers) from among MSPs;
program form;
the main requirements for program participants and the procedure for their selection.
Customers in the purchase documentation themselves determine the form, term and order of payment for goods, works, services.
The Agency offered to pay for contracts within no more than 15 working days from the date when the customer signed the acceptance document. Similar rules now exist for purchases from MSPs.
Customers will be able not to apply innovations if, for example, they set a different payment term in the procurement regulations. In this case, the position should include: