NEWS

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.

The Ministry of Finance of the Russian Federation has prepared a draft of amendments to paragraph 1 of the Decree of the Government of the Russian Federation No. 440 dated April 12, 2018, according to which requirements are defined for banks issuing bank guarantees to customers to secure applications and execution of contracts. Thus, the Ministry proposes to exclude from this paragraph the requirement that the bank has its own funds in the amount of at least 300 million rubles, calculated according to the methodology of the Bank of Russia, as of the last reporting date.

We have adjusted the rules according to which the parties can change the terms of individual construction contracts for federal needs on the basis of clause 8 of Part 1 of Article 95 of Law No. 44-FZ. The innovations will start working from November 9.
So, the rules were extended to contracts concluded before October 1, 2021.

The customer held a construction auction with additional requirements. To confirm the experience, the participant submitted, among other things, a copy of the subcontracting agreement. He was allowed to purchase.

The customer under the contract for the supply of spare parts for computing equipment concluded under the state defense order, referring to the inconsistency of the country of origin of the supplied hard drives with the terms of the contract, refused to accept the goods and decided to refuse to execute the contract. Not agreeing with the actions of the customer, the supplier appealed to the arbitration court with a claim to compel the institution to accept the goods and recover its value. Considering the case and satisfying the claim of the supplier, the judges considered the fact that the supplied hard drives were manufactured by a multinational corporation with production units in several countries, and therefore the country of manufacture of a particular disk model in this case did not affect either the characteristics or the quality of the goods, determining the decision.

The standard conditions were supplemented with a new provision: the customer will be able to accept and pay for the work performed ahead of schedule without changing the contract price. This is acceptable if there are funds from the redistribution of funding from later periods to earlier ones.

They plan to clarify the rules for changing the essential terms of contracts, to determine the specifics of public procurement during non-working days. In addition, the by-laws will be adjusted taking into account the latest optimization amendments to Law No. 44-FZ.
So, to clarify the prices of contracts, the essential conditions of which can be changed if it is impossible to fulfill for objective reasons:
for life cycle contracts for a period of at least 3 years for federal and regional needs, at least 1 year for municipal needs, the price will be 100 million rubles and above;

The President has established non-working days from October 30 to November 7 inclusive. The Agency explained what to do with purchases if the timing of the procedures falls during this period.
Public procurement
Customers were advised to extend the deadline for submitting applications, which are calculated in working days and include non-working days. This should be done so that the participants have at least as many working days as is usually required (paragraph 1.1 of the Letter).
Operators of electronic platforms should postpone the deadline for submitting final proposals at open electronic tenders and the dates of electronic auctions to working days. The new deadlines will be set taking into account the postponement of the dates of consideration of the first parts of applications and the requirements of Part 3 of Article 54.6, Part 3 of Article 68 of Law No. 44-FZ. If a project is included in the construction auction documentation, the bidding period will remain the same (paragraphs 1.2 and 1.3 of the Letter).
It is not necessary to change the terms of consideration of the second parts of applications for an open tender or auction in the notification, documentation and on the electronic platform (clause 1.4 of the Letter).

The parties have signed a contract for the supply and installation of equipment. According to its terms, the customer must prepare the premises in order to mount the goods. The supplier sent him the technical conditions for placing the equipment in accordance with the operational documentation.
The supplier wanted to fulfill the obligations on time, but the premises were not prepared. This was done only a few months later. Since the goods were not accepted on time, they had to be stored in a special warehouse. The supplier demanded, in particular, to reimburse these costs.
The customer refused to pay: the supplier changed the technical conditions several times. The initial data is initially unreliable. The losses were caused by his fault.