NEWS

The government decided to support the construction industry due to the rise in the cost of price-forming resources. Thus, federal customers from a special list will be able to adjust contracts on the basis of clause 8 of Part 1 of Article 95 of Law No. 44-FZ. It includes, for example, departments, the Armed Forces of the Russian Federation, state-owned companies.
You can make changes if several conditions are met: a
contract with a price of 1 million rubles and above, which is concluded before July 1, 2021 for a period of at least a year;
the obligations under the contract as of the date of conclusion of the agreement on changing its terms are not fulfilled;
there is a documented proposal of the contractor for an adjustment;
there is a government decision;

The antimonopoly authority received a complaint. Among other things, it indicated that the customer illegally set a condition for evaluating the participants of the purchase at the contract price: the highest score will be given to the one who offers a price more than 4% lower than the initial one.

The supervisors considered that such an assessment procedure violates the principle of targeted and effective budget spending.

The customer did not agree:

the complainer did not participate in the purchase, so he could not appeal against the customer's violations. Considering his complaint, the FAS exceeded its powers;

the controversial evaluation procedure is established to ensure fair competition. In addition, the maximum reduction in the contract price is not a priority, since other conditions are also evaluated.

Three instances supported the controllers:

before the deadline for submitting applications, any person has the right to appeal against violations of the customer, regardless of whether he submitted an application for participation in the purchase or not;

Following the results of the purchase, the parties signed a contract. After that, the contractor informed the customer by letter that he had suspended work:
we have identified volumes that are not taken into account in the technical documentation, so we need to increase the cost;
the actual volume of work does not partially coincide with the volumes from the estimate.
Since the customer did not respond to the letter, the contractor sent him a decision on unilateral termination of the contract. They received it on the same day.
A month later, the customer replied that he would not increase the cost, since the contractor in the application for participation in the purchase agreed to perform the work on the terms of the auction documentation.
In response to the contractor's decision to unilaterally refuse, the customer reported that the work under the contract was not completed, and asked to complete them. Later, he demanded to pay a fine for non-fulfillment of the contract and decided to cancel it unilaterally.

August 12-14 on the platform www.100tatarstan.com the online forum " 100% Tatarstan. Education. Science and technology. The labor market", which will bring together the Government of the Republic of Tatarstan, experts in the field of education and science, business and the population, business partners of the republic.

In the list N 1, approved by Resolution N 102, it was proposed to change the position with the code 32.50.13.110 according to OKPD2. They want to supplement it with double-sided needles for taking venous blood. It is planned to include a surgical mesh for abdominal hernia in the position with the code 32.50.22.190.
In addition, the named list may include new medical products:

As before, the document should be applied if the subject of the purchase belongs to the OKPD2 code 33.13. There are no restrictions on the NMCC.
In general, the document was brought into compliance with the legislation on the contract system. So, in the section on the responsibility of the parties, we took into account the norm on the calculation of penalties for delay based on the cost of the contract stage.

The winner of the purchase did not send the contract to the customer on time, so he was found to have evaded.
The winner explained that he did not send the contract for reasons beyond his control: the prices of construction materials for the work have increased, so he does not have the financial ability to fulfill his obligations. Failure to sign a contract is not an intentional act.

The government has listed the nuances of public procurement in 2021 of hardware and software complexes for screening assessment of the body and testing the level of physical fitness. The order has entered into force.
The purchase will be carried out in the form of an open electronic tender. Participants must meet the additional requirements: to
carry out technological operations in the Russian Federation or in the EAEU countries during the production of these complexes, which are evaluated by the sum of points according to Appendix N 1;

The application of the procurement participant with a ban on the admission of foreign goods was recognized as not meeting the requirements of the documentation. He did not provide an extract from the register of Russian or Eurasian industrial products indicating the numbers of the registry entries.
The participant did not agree with this: he attached a conclusion to the application confirming the production of industrial products in the Russian Federation. On its basis, information about Russian goods is included in the register. In addition, he himself declared the country of origin of the goods.

The winner did not sign the contract on time. Since he was found to have evaded, the customer concluded a contract with the second participant at a higher price.
The customer demanded that the winner compensate for losses in the form of the difference between his price and the value of the contract with the second participant. The claim remained unanswered.
The courts supported the customer:
the fact of evasion from the conclusion of the contract is confirmed;