The supplier fulfilled the contract in 2016 in full, but with a violation of the term. For some time, the parties in the correspondence argued about the amount of the penalty and the customer's right to keep it. As a result, the customer calculated it unilaterally and made payment under the contract minus the penalty. The supplier asked to write it off because it did not exceed 5% of the contract price, but the customer refused.
On November 28, 2018, it is planned to hold a round table with suppliers of goods, works and services of the Republic of Tatarstan on the theme: "public Procurement and small and medium-sized businesses efficiency and development prospects".
The Treasury issued a review of violations in the financial and budgetary sphere for the first half of 2018. Among them are violations in public procurement. Let's list the main mistakes of customers.
October 30, 2018 will be a free seminar-meeting with customers of the Republic of Tatarstan on the topic: "Features of procurement in accordance with the Federal law of 05.04.2013 № 44-FZ "on the contract system in the procurement of goods, works and services for state and municipal needs" in 2018".
The participant indicated in the application that it corresponds to the conditions of attribution to small and medium-sized businesses. The Commission rejected the application, as it is not clear from the Declaration, a small or medium-sized entrepreneur is a participant.
The Ministry of construction approved a standard contract, which will be used in the procurement of construction works, reconstruction of capital construction projects, including commissioning and other works, inextricably linked with the construction project, as well as the supply of materials and equipment. It will need to be applied not earlier than July 1, 2019. The exact date will be known when the document will be placed in a single information system.
The office has prepared a position on the calculation of the unit price of goods, works and services at the conclusion of the contract. So, in the letter of FAS of Russia it is emphasized that if the contract provides delivery of several positions of goods, several stages of execution of the contract, the total cost of each position, each of stages is recalculated by the customer in proportion to coefficient of decrease from the price of the position of goods or the stage calculated at determination of the initial maximum price of the contract provided that such price of the position of goods or the stage was specified in documentation on purchase.
In accordance with part 11 of article 34 of 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" and paragraph 2 of the Rules for the development of standard conditions of contracts submitted a draft departmental order.
The specialists of the Ministry once again confirmed their position on the procedure for sending information and documents accredited by the operator of the electronic platform to the customer before January 1, 2019 of procurement participants included in the Register of participants of the electronic auction (article 62 of 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). It is, in particular, the information specified in paragraph 2 of part 11 of article 24.1 of Law No. 44-FZ, including surname, name, patronymic and position, passport data, TIN of a person entitled to act on behalf of a legal entity without a power of attorney.
The court supported the conclusions of the courts of three instances on the dispute between the municipal customer and the individual entrepreneur, in which the counterparty challenged the actions of the customer to retain the security payment under the contract in full