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FAS Russia answered questions about what terms of the contract cannot be changed due to coronavirus, what to consider when unilaterally canceling a contract with a supplier, which documents will confirm compliance with additional requirements.

In connection with the determination of June 24 and July 1, 2020, the Ministry of Finance of Russia sent military parades to mark the 75th anniversary of the Victory in the Great Patriotic War of 1941-1945 and the Victory Parade and sent an all-Russian vote on amendments to the Constitution of the Russian Federation the participants of the contract system recommendations on the implementation of procurement on the indicated days, as Laws No. 44-ФЗ and 223-ФЗ establish requirements for performing certain actions exclusively on business days, in particular:

The participant in the procurement of works on the development of design and estimate documentation complained that the procedure for evaluating applications by the “Business reputation” indicator does not allow to objectively identify the qualifications of participants. It is not associated with the purchase object.

The parties entered into a contract for design and survey work. After repeated claims, the customer decided to unilaterally refuse to fulfill the contract: the contractor did not fulfill obligations in a timely manner. Information included in the RNP.
 

The customer held an auction for the repair of vehicles and, among other things, set the boundaries of the work performed - within 2 km from its garage boxes. He determined the winner, but then it turned out that the information about the place of work does not match the documentation. The customer refused to enter into a contract. The winner did not agree.

In 2020, the essential terms of the contract can be changed, including in terms of advances. The Office listed the conditions under which it is possible.
 

The Office has prepared several projects with changes to the rules for applying the national regime in respect of individual goods.

The Ministry of Finance prepared amendments to the rules for evaluating applications approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1085.
 

It will be possible to purchase works (services) from a joint-stock company as the sole contractor (contractor) if 100% of its shares are owned by the state and only this JSC can perform (render) them in accordance with its powers. The relevant amendments to paragraph 6 of Part 1 of Art. 93 of the Law N 44-ФЗ will work from June 19.
 

The winner of the public procurement did not sign the contracts and did not provide their security on time. The customer recognized him as evading and sent information about this to the supervisory authority. Information included in the RNP.