In prepared by experts of the Ministry, the letter clarifies the procedure for participation in the procurement in electronic form, in respect of which the Government of the Russian Federation establishes additional requirements under part 2 and part 2.1 of article 31 of the Federal law of April 5, 2013 № 44-FZ "On the contract system in the field of procurement of goods, works and services for state and municipal needs" (hereinafter – the Law № 44-FZ), including procurement of works on construction, reconstruction, overhaul, demolition of capital construction, linear facility, construction of non-capital structure, structures (structures, structures), landscaping, repair, maintenance of roads.
The Treasury has released a review of violations in the financial and budgetary sphere for the second half of 2018. Among them are violations in public procurement. We will tell about the most significant mistakes of customers which will be interesting further taking into account changes of the Law N 44-FZ.
he Agency has amended the approval orders:
standard contract for construction and reconstruction of capital construction;
standard contract for design and survey works.
The company did not timely place the draft contract in the unified information system and did not provide its enforcement. The customer recognized the participant evaded from the conclusion of the contract and sent information to UFAS for inclusion of the participant in the register of unfair suppliers
If the terms of the contract are violated, the customer can terminate it and send information about the contractor to the register of unscrupulous suppliers. However, this may turn against the customer. For example, if the terms of termination of the contract are violated, the customer will be fined, and the supplier will not be included in the register. In the review we will consider the practice of 2019.
The government has adjusted the form in connection with the amendments to the Law N 44-FZ, which came into force on January 1.
The Agency wants to adjust the rules for determining the amount of penalty for improper performance of the contract for individual cases.
FAS explained how to specify VAT information at the stage of procurement announcement. The Agency also reminded what to do at the conclusion of the contract with the winner of procurement that operates according to the simplified system of taxation
The government of the Russian Federation in pursuance of part 4.2 of Art. 4 of the Federal law of July 18, 2011 № 223-FZ "On procurement of goods, works, services by certain types of legal entities" (hereinafter – the Law № 223-FZ) approved the requirements for the criteria for classifying goods, works, services to innovative products and (or) high-tech products, as well as the procedure for their establishment (hereinafter – Requirements).
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The list Of goods, works, services, in the case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction) (hereinafter-the List), approved by the order of the Government of the Russian Federation dated March 21, 2016 № 471-p, amended.