NEWS

The Agency reported what requirements customers should take into account when forming lots for regular transportation of passengers and Luggage for purchases under the Law N 44-FZ. If these rules are followed, the purchase will not limit competition and the number of participants in the purchase.

The letter prepared by experts of the Antimonopoly Department, in particular, notes that the decree of the Government of the Russian Federation of February 5, 2015  No. 102 "About the restrictions and the conditions of admission of certain types of medical devices originating from foreign States for the purposes of procurement for state and municipal needs" and the Method of calculation of the MSPC for the supply of medical products do not contain peculiarities of formation of the MSPC in the case of recognition cancelled the purchase, as provided, for example, in the case of the procurement of drugs for medical use, and does not provide justification for MSPC based on the market price of medical products.

The customer refused to perform the contract unilaterally because the supplier violated the terms of the contract. The FAS decided to include information about the supplier in the RNP, but this happened only a few months later.

The Ministry of Finance in accordance with clause 9 of the Rules of forming and maintaining a private registry of Bank guarantees, approved by the decree of the RF Government dated November 8, 2013 No. 1005 "On Bank guarantees used for the purposes of the Federal law "On contract system in procurement of goods, works, services for state and municipal needs" approved the Procedure of formation and direction of information to be included in the private register of Bank guarantees, the directions of the Federal Treasury statements and protocols (the Order) (Order of the Ministry of Finance of Russia dated 22 June 2020  No. 118n (zareg. in the Ministry of justice on October 12, 2020)).

The customer signed 3 contracts with the sole supplier under clause 5 of part 1 of article 93 of Law N 44-FZ:
for 598,641,84 rubles, a contract was signed for dismantling door frames, canvases, platbands, dismantling and installing floors, cleaning and painting ceilings;
213,742. 80 rubles — for painting ceilings, varnishing floors, skirting boards and doorways;
43,266. 96 rubles — for dismantling luminaires for fluorescent lamps and installation of lamps with led grating.

The customer placed the draft of the state contract in the EIS. The winner of the purchase submitted a Protocol of disagreement in response with the following comments:

the name of the winner is indicated with a typo;
the customer did not take into account that the winner works on the USN;
the contract is filled out without taking into account the participant's request.
The customer took into account all comments, except for the indication of a typo in the name of the winner of the purchase. The organization did not sign the contract with an error. When the deadline for signing the contract expired, the customer sent information to the control body about the inclusion of the winner of the purchase in the RNP.

The customer made a purchase that required a license to be submitted. Under the terms of the draft contract, it was possible to involve co-executors in its execution.

The government of the Russian Federation approved the Regulation on the procedure for consideration by the Government of the Russian Federation of requests to determine the sole supplier (contractor, performer) of goods, works, and services when purchasing them for state needs (hereinafter referred to as the Regulation) (Decree of the Government of the Russian Federation No. 1649 of October 10, 2020).

The customer decided to unilaterally refuse to fulfill the contract due to the fact that the deadlines for the work were violated. He posted the decision in the EIS on time, and notified the contractor by mail with a delay.

The document will take effect when the standard provision approved by the Ministry of Economic Development (clause 2 of the order) expires. There is no expiration order at this time.

The standard provision (regulation) establishes the functions and powers of the contract service when planning purchases, identifying suppliers, concluding contracts, as well as during their execution, amendment and termination.