NEWS

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:

Since January 1, when executing a contract based on the results of electronic procedures, most closed electronic procedures, it is necessary to form and sign an acceptance document in electronic form.

Since January 1, regional guarantee organizations can also issue guarantees to secure contracts and applications.
On January 14, a list of 13 such organizations was published on the website of the Ministry of Finance. Among them are:
JSC "Guarantee micro-credit company "Surety";
JSC "Guarantee Organization of the Arkhangelsk region";
LLC "Guarantee Fund for entrepreneurship support of the Kostroma region".

Since January, you can take a refresher course on 44-FZ in the Tatar language. The Procurement Development Center of the Republic of Tatarstan has translated a distance learning course on 44-FZ into the Tatar language. This was done in order to support the preservation of the Tatar language and an additional opportunity for specialists from the regions of the republic to study in their native language. Terminology, concepts, features of bidding, contract conclusion and other components of public procurement are available in Tatar. It will now be easier to maintain professional literacy even in the smallest and most remote settlements of the Republic.