The Antimonopoly authority, which is considering the inclusion of the contractor in the register of unscrupulous suppliers in connection with the breach of contract, must examine all the circumstances of the case and the documents confirming and refuting the violation.
The Commission rejected the application for non-compliance with the requirements of the documentation, but did not specify a specific reason in the Protocol. The participant challenged this decision in the Antimonopoly authority.
The Law N 44-FZ introduced a number of innovations relating to control issues. Thus, the government should establish a single procedure for inspections. Electronic procurement will follow more supervisors. The risk of cancellation of the purchase due to complaints of unscrupulous participants and public associations will be reduced.
The Ministry of Finance prepared the bill with amendments to the Law N 44-FZ. Thus, there will be new grounds for changing the terms of contracts for overhaul or utilities. Upon termination of the contract with the winner, the customer will be able to conclude a new one with the participant who took second place. There are other innovations.
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Experts of the Ministry of Finance of Russia recalled that in accordance with the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works and services for state and municipal needs" (hereinafter – the Law № 44-FZ), the IRS is indicated including:
Experts of the Department noted that the decision to include information about the counterparty in the register of unscrupulous suppliers (contractors, performers) in this case is taken by the Supervisory authority on the basis of all the circumstances of the case and the documents and evidence submitted by the customer and the counterparty.
In connection with the increase in the VAT rate in the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works, services for state and municipal needs" included provisions under which it is allowed to change the price of the contract concluded before January 1, 2019 within the increase in the tax rate.
The innovations relate to both purchases with an initial maximum contract price of more than 10 million rubles, and tenders with limited participation for special facilities and roads. So, for the first additional requirements to participants will become tougher in most cases. Changes should be taken into account during the procurement, which will begin after April 1.
In accordance with the draft order of the Ministry of agriculture of Russia in such a state contract, among other things will be determined by its subject matter, price, payment procedure, procedure, terms and conditions of delivery and acceptance of products, rights and obligations of the parties, packaging of goods, its quality and shelf life, responsibility of the parties, as well as ensuring the execution of the contract. The document assumes the presence of six annexes to the state contract:
The draft amendments to the procedure for determining the initial maximum price of the contract relate to the use of reference prices.