On November 29, 2021, the State Committee of the Republic of Tatarstan on Procurement jointly with JSC "Procurement Development Center of the Republic of Tatarstan" is holding a free seminar "Innovations in procurement in 2022" and invites suppliers of goods, works, services, including small and medium-sized businesses, socially oriented non-profit organizations (hereinafter - SMP, SSP, SONKO) and organizations of disabled people to participate.
On November 11, 2021, the State Procurement Committee of the Republic of Tatarstan jointly with the Procurement Development Center of the Republic of Tatarstan JSC held a seminar-meeting for republican customers on the topic: "Procurement in accordance with Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the procurement of goods, works, services for state and municipal needs," including via online broadcast.
The State Committee of the Republic of Tatarstan on Procurement, the Republican Agency for Press and Mass Communications "Tatmedia" and the Joint-Stock Company "Procurement Development Center of the Republic of Tatarstan" are holding a Republican competition for the best media coverage of the functioning of the contract system in the procurement of goods, works, services for state and municipal needs.
The Ministry of Finance of the Russian Federation in order to improve the living conditions of citizens of the Russian Federation with children, within the framework of the federal project "Financial support for families at the birth of children", as part of the national project "Demography", is implementing a program of preferential mortgage lending "Family Mortgage".
The contractor did not complete the construction work on time, so the contract with him was terminated unilaterally. The controllers did not include the information in the RNP. The customer appealed this decision.
The courts sided with the antimonopoly authority:
during the execution of the contract, the contractor repeatedly reported on the shortcomings of the project documentation and estimates. They were not eliminated before the unilateral refusal;
the customer did not provide all the initial data about the site, so the contractor performed additional work at his own expense. Without them, the safety of the construction site could suffer;
despite the fact that only 34% of the total amount of work was completed, such work was the most difficult and unprofitable. There are no complaints about their quality;
The Government of the Russian Federation, in accordance with paragraph 30 of Part 1 of Article 93 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs" (as amended, which will enter into force on January 1, 2022), approved a list of goods, works, services, purchases of which for the preparation and conduct of elections, referendums, the activities of the election commission, the referendum commission can be carried out without competitive procedures. The list, in particular, includes:
special technological equipment;
The customer has the right to adjust a long-term construction contract according to clause 8, part 1, Article 95 of Law No. 44-FZ, if due to unforeseen circumstances it cannot be executed. To do this, a number of conditions must be met. For example, a contract should be concluded for a year or more. The Ministry of Construction proposed to change contracts with a term of less than a year on the basis of the above.
Upon acceptance, the customer identified a non-conformity of the product and asked to replace it by a certain date. He also demanded to pay a fine for improper performance of the contract.
Since the supplier did not pay and did not deliver the necessary goods in a timely manner, the customer refused the contract.
A few days later, the goods were delivered and accepted. Then they signed an act on the fulfillment of obligations and the cancellation of the unilateral refusal. It stated that the supplier must pay penalties for late delivery of the goods and the initial fine for improper performance of the contract. The supplier paid only penalties.
The bidder's application with additional requirements was rejected. To confirm the experience, he submitted copies of the executed contract and acts of work performed. In these acts, there is no position of the person who made the transaction, and his full name for identification.
The controllers and the courts considered it illegal: the copy of the contract contains the position of the person who made the transaction on behalf of the company, as well as his surname and initials. The purchase object and contract number were indicated in the acts of work performed. The contract itself was executed flawlessly. The participant confirmed the experience.
Within the framework of Federal Law No. 44-FZ dated 05.04.2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs" (hereinafter – Law No. 44-FZ), support for small businesses (hereinafter – SMP) is provided.
In particular, in accordance with part 1 of Article 30 of Law No. 44-FZ, customers are required to make purchases from SMEs in the amount of at least 15% of the total annual volume of purchases.