NEWS

The Ministry of Industry and Trade proposed to include in the list of medical products N 1, approved by Resolution N 102, 2 items:

The customer required consent to fulfill the contract. It gave participants the opportunity to do this in two ways: in the form of a separate document or using the electronic platform interface (EP).
One of the participants used the EP interface, but his application was rejected. The consent was not displayed due to a failure on the EP. The participant considered it illegal, but the supervisors did not support it:
there was no consent when considering the application;
In Law No. 223-FZ and the procurement regulations, there is no obligation to find out from the EP operator whether consent has been submitted or not. In addition, the above-mentioned Law prohibits negotiations between the customer, the operator and the procurement participant, if such negotiations give advantages or disclose confidential information.

The Ministry of Finance has developed a draft resolution in support of the SMSP. Among other things, the mandatory share of participation of such entities in procurement will increase. The total annual volume of purchases from them will be at least 30% instead of 20%. At the same time, the share of the value of contracts with MSPs based on the results of purchases in which only these entities can participate will increase to 20% instead of 18% (paragraph 3 of paragraph "b" of paragraph 1 of the draft amendments).

In accordance with Part 9 of Article 5 of Federal Law No. 385-FZ of December 8, 2020 "On the Federal Budget for 2021 and for the Planning Period of 2022 and 2023", the Ministry of Finance of the Russian Federation and the Bank of Russia have established the procedure for implementing treasury collateral for obligations under bank support of state contracts subject to bank support in accordance with paragraph 3 of the Decree of the Government of the Russian Federation of September 20, 2014.  No. 963 "On the implementation of Banking Support of contracts", and the terms of which provide for treasury security of obligations (Order of the Ministry of Finance of the Russian Federation and the Bank of Russia of December 31, 2020 No. 342n, 750-P).

The Agency drew attention to the fact that a lot of errors have been revealed in construction procurement recently. Thus, the participants submitted incorrect extracts from the register of members of the construction SRO. The customers demanded this document without taking into account the final result of the contract. Read more in the review.
Construction SRO
In one case, the customer rejected the application of the participant, because he submitted an incorrect extract from the register of members of the construction SRO. It specifies the 1st level of liability for contractual obligations, and based on the contract price, the 2nd level is required.

From July 1, the procedure for sending data to the RNP changes. The Agency has developed new rules for maintaining the register instead of the existing ones. Customers will prepare an appeal to the control body. The project provided for its form and order of direction. Read more in the review.

From May 14, when concluding contracts in 2021, federal customers must provide for a payment deadline of 10 working days from the date of signing the acceptance document. Innovations are not applied, for example, in contracts for the needs of the defense and security of the state under a number of conditions.

The Research Institute of Labor of the Ministry of Labor of the Russian Federation, on the instructions of the Ministry of Labor and Social Protection of the Russian Federation, conducts a study to determine the needs of organizations in personnel and identify prospects for the development of professional qualifications in the field of information security.

In accordance with Federal Law No. 223-FZ of July 18, 2011 "On Procurement of Goods, Works, and services by Certain Types of Legal Entities", the customer and the company entered into a contract for the performance of construction works. Referring to the fact that, as a result of the performance of the contract, the institution must pay in excess of the price specified in the contract, specified without VAT, the amount of costs for the payment of VAT by the company to its suppliers when purchasing goods and services necessary for the performance of work, the company sent the relevant claim to the institution. The institution left this claim without satisfaction, which served as the basis for the company's appeal to the arbitration court with a corresponding application (Review of the judicial Practice of the Supreme Court of the Russian Federation No. 1 (2021)).

The parties to the state contract determined that the work should be completed in 22 days from the date of its signing. A few weeks later, the customer drew up reports that the work was not started. He notified the participant that he was withdrawing from the contract.
 
The participant asked to postpone the deadline for completing the work, but he was refused. As a result, the FAS included it in the RNP.