NEWS

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.

The participant complained that the customer did not apply the national mode when purchasing PPE. He chose the wrong product code according to OKPD 2 in order not to establish a ban on the admission of foreign products: in the notification he included the code 32.99.11.120 for non-medical respirators. In the description of the same product, he indicated that he was purchasing a medical filter respirator for single use. So, we need the code 32.50.50.190 for medical masks with a ban on admission.
The customer explained that he bought respirators, not masks. He confirmed this with registration certificates for medical devices. They contain the code 32.99.11.120. It is not necessary to establish a ban on admission in this case.

The customer decided to terminate the contract unilaterally and sent information about the supplier to the FAS to be included in the RNP. The supervisors decided not to do this: there is no evidence of a significant violation of the terms of the contract. Unilateral refusal is illegal.
To protect the interests of the antimonopoly authority, the supplier hired a representative. Since no grounds were found for unilateral refusal, the supplier incurred unreasonable expenses for legal aid services. He demanded that the customer reimburse them. He did not pay.

According to the changes made to the form of an extract from a contract containing information constituting a state secret (Appendix No. 1 to the Order of the Minister of Defense of the Russian Federation No. 502 dated August 31, 2015), column 2 of the specified extract, when filled in, indicates, among other things, the number of a separate account of the customer (buyer) (Order of the Minister of Defense of the Russian Federation dated August 13, 2021 No. 488 (reg. in the Ministry of Justice on September 28, 2021).

When purchasing a number of foreign radio electronics with a ban on admission, it is impossible to use additional characteristics outside of the KTRU in the description of the object of purchase. This rule applies if the purchase has established

The Ministry of Finance proposed to bring in line with the optimization edits the requirements for banks that issue security guarantees.