Customers will not be able to determine the validity of the Bank guarantee
The bidder will decide for how long to provide a guarantee. However, it must in any case exceed the period of performance of obligations by at least one month. If the contractor receives a delay to complete the work, services or delivery, he will have to agree with the Bank to extend the guarantee or provide other security.
The Department plans to add the List to the Order of the Ministry of Finance N 126n about conditions of the admission of foreign goods radio electronic equipment, agricultural machinery and the equipment and other positions.
Set deadlines for the return of the security of the contract
The contract will need to continue to set a deadline for the return of funds. It should not exceed 30 days from the date of performance of obligations, and for purchases from NSR and SONKO — 15 days.
During the audit, the controller found violations: the contract did not contain the calculation and justification of the contract price, the method of determining the contract price was not specified. The price justification performed by the cost method contained costs that were not documented. The customer is obliged to reimburse to the budget of the unreasonable part of the price. The order tried to challenge in court.
The terms of auctions will be reduced
the initial maximum price of the contract of "short" auctions will increase to 300 million rubles. Notifications on such purchases can still be placed 7 calendar days before the deadline for applications.
On may 1, amendments to Laws N 44-FZ and N 223-FZ were published.
The Ministry has prepared a draft model provision on the contract service (hereinafter-the Draft), which takes into account the provisions of 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" (hereinafter – the Law № 44-FZ) in the current version.
The Bank of Russia in accordance with part 9 of Art. 5 of the Federal law of November 29, 2018 № 459-FZ "On the Federal budget for 2019 and for the planning period 2020 and 2021" defined the form of documents "Treasury security of obligations" and "Application for the issuance (transfer, execution) of Treasury security obligations" used in the Treasury security obligations in the banking support of public contracts. The order of their filling is also defined.
On April 16, the amendments made by the Government of the Russian Federation to the Rules of the state customers of the management of the rights of the Russian Federation to the results of intellectual activity of civil, military, special and dual use (hereinafter – the Rules), approved by the resolution of March 22, 2012 № 233, came into force.
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The winner of the auction sent the customer a Bank guarantee for the wrong amount and the signed draft contract. Upon discovering the error, the organization sent a letter to the employer stating that it was ready to provide the proper enforcement of the contract. However the winner already recognized evaded from the conclusion of the contract. FAS included it in the register of unfair suppliers.