NEWS

The company performed the work in the hospital under a verbal agreement with the customer due to the urgent need due to the tense epidemiological situation in the region. The customer refused to sign the acceptance certificates, did not pay for the work in full. Among other things, he explained: there was no need for work, legal relations could not arise without a competitive procedure.

Amendments were signed on measures to support customers and procurement participants in connection with sanctions. In particular, they limited the terms of payment for contracts, clarified the rules for describing the subject of procurement, secured the opportunity to purchase work on the construction of an object on a turnkey basis.

The changes were introduced by Federal Law No. 104-FZ of April 16, 2022

The parties entered into a contract for security services. The customer terminated it unilaterally due to improper performance. The controllers included the information in the RNP.
 

The customer has established a procedure for evaluating applications without VAT. Controllers recognized this as a violation.

The winner of the procurement for the supply of cheese did not sign the contract and did not provide its security. The customer recognized him as having evaded.

In order to assess the qualifications of the bidders in terms of the "experience" indicator, the customer accepted completed contracts for the subject of procurement, the cost of each of which was not less than the NMTsK.

According to the new rules, starting from March 23, the TPR does not include suppliers who have not fulfilled the contract due to external sanctions (Decree No. 417 dated March 21, 2022). The department explained how this rule works.

Competitive procurement was recognized as failed, since only one application met its conditions. This right was provided for in the procurement regulations. The tender was re-announced.

Among other things, they proposed speeding up payment for contracts, temporarily not applying the requirement to ensure their execution, prohibiting the use of foreign currency in the calculation of NMCC, clarifying procedural deadlines. The draft was adopted in the third reading on April 6. Read more in the review.
Payment of contracts
They want to adjust the settlement period for all contracts (clauses "b" of clause 6 of Article 2 of the draft on p. 16, clauses "b" of clause 8 of Article 2 of the draft on p. 16-18). It will be:
no more than 15 working days if the purchase was announced from January 1 to April 30, 2022 inclusive;
no more than 7 working days if it was announced from May 1, 2022;
For some cases, other deadlines have been provided. So, the deadline will be no more than 10 working days if the acceptance is issued without an EIS.
The deadline is still counted from the date when the customer signed the acceptance document.
Contract enforcement
Customers are going to be allowed until the end of the year in most cases not to establish a requirement to ensure the performance of the contract, warranty obligations (sub-clause "d" of clause 23 of Article 2 of the draft on page 27).