NEWS

The Government has approved a resolution in support of the SMSP. The mandatory share of participation of such entities in procurement will increase. The total annual volume of purchases from them will be at least 25% instead of 20%. At the same time, the share of the cost of contracts with MSPs based on the results of purchases, in which only these entities can participate, will increase from 18% to 20% (paragraph 3 of paragraph "b" of paragraph 1 of the amendments).

The application of the state procurement participant with additional requirements was rejected. In confirmation of the experience, he presented copies of the executed contract and acts of work performed. These acts do not specify the position of the person who made the transaction, and his full name for identification.

The Ministry of Construction proposed to adjust the price of a long-term construction contract, in which customers have the right to change its term and (or) price in case of unforeseen circumstances. The price will be 15 million rubles and above (now-100 million rubles and above).

When concluding contracts in 2022-2024, federal customers must provide for a deadline for payment in them (p. 1-2 of the resolution, p. 6-7 of amendments)

There will be fewer competitive procurement methods. The rules of their conduct will change. The acceptance will be processed mainly in electronic form. The main part of the innovations will work from January 1, but there will be transition periods for some of them. Let's look at the most noticeable changes.
Competitive methods
Purchases can be made in the following ways:
competition (closed, electronic open and closed);
auction (electronic, closed, closed electronic);
electronic request for quotations.

Since July 1, the procedure for sending data to the RNP has changed. The government has published new rules for maintaining the register instead of the old ones. Customers will prepare an appeal to the control body. The rules, among other things, provided for the procedure for its referral and consideration. Read more in the review.
It is impossible to withdraw the appeal (p. 11 of the rules).
It should be noted that transitional provisions are provided for e-procurement. Until April 1, 2022, appeals to the control body are submitted in paper form.
Consideration of the application and making a decision
The supervisors have 5 working days to consider the application and make a decision from the day following the day of receipt of the application (p. 11 of the rules). If you send an appeal not under your jurisdiction, the procedure will take longer (p. 9-10 of the rules).

The law on increasing the mandatory share of purchases from SMP and SONKO has been published. From January 1, it will amount to at least 25% of the total annual volume of purchases instead of 15%, as it is now.
In addition, the payment terms for all contracts will be reduced. If the purchase is announced from January 1 to December 31, 2022 inclusive, the period will be:
no more than 10 working days-when purchasing from SMP and SONKO;

The participant was not allowed to purchase, because he made a mistake in the name of a specific indicator: instead of width, he indicated height in the application. These characteristics are not equivalent. According to the instructions, specific indicators were required in the format: length, width, thickness. In this case, the "width" indicator is not presented. There are no grounds for admission of the participant.
The supervisors considered the refusal illegal:
when considering applications, it is impossible to be guided by the formal requirements for filling them out;
the application was declared non-compliant only on the basis of a contradictory interpretation of the instructions, although the information about the product correlated with the requirements from the description of the object of purchase and did not contradict it;

Since the beginning of the year, a list of Russian goods and goods from the EAEU countries with a minimum purchase share has been in effect.
The government has supplemented it with new types of musical instruments, for example:
32.20.11.110-piano;
32.20.12.111-violins;

The parties have signed a contract for the provision of services. The company refused to fulfill it, because the customer did not fulfill his obligations. The court in another case recognized the refusal as legitimate.
The company filed a claim for recovery of lost profits. Due to the fault of the customer, it did not receive the profit it expected.
The first instance satisfied the requirements. The appeal and cassation did not agree with this decision:
the lost profit is calculated based on the profitability, which is indicated in the cost estimate for the contract. The profit would be paid to the company after the acceptance of the services by the customer. They are not provided until the termination of the contract. There are no grounds for payment;