NEWS

The government of the Russian Federation approved a new list of certain types of engineering products included in the list of promising needs for such products necessary for the implementation of investment projects, and the purchases of which can not be carried out by state companies outside Russia without the consent of the Government Commission on import substitution (government order No. 1370-R of July 5, 2018). This also applies to the limitation of procurement, the subject of which is the performance of works, the provision of services, rent (including chartering, financial lease), if the conditions provide for the use of such products.

Approved by the Government of the Russian Federation on the basis of part 42.1 of Art. 112 of the Federal law of April 5, 2013 № 44-FZ "on the contract system in the field of procurement of goods, works, services for state and municipal needs" Rules establish the procedure and cases of writing off the accrued and unpaid amounts of penalties in the case of completion of suppliers in full in 2015 and 2016 of performance of all obligations under the contract, except for warranty obligations (decree of the Government of the Russian Federation of July 4, 2018 № 783).
 

The parties entered into a contract, setting a limit price at which it is considered to be terminated. When the limit was exhausted, the contractor continued to provide services, and the customer accepted them, but did not pay. It went to court.

The specialists of the Ministry replied to the question of how customers should apply the provisions of the Federal law dated 5 April 2013 No. 44-FZ "On contract system in procurement of goods, works, services for state and municipal needs" (hereinafter – the Law № 44-FZ) in the part providing information concerning the concluded contract to the Federal Treasury and placing appropriate information in the EIS after the entry into force of the Federal law from December 31, 2017.  No. 504-FZ " on amendments to the Federal law "on the contract system in the procurement of goods, works and services for state and municipal needs" (hereinafter – the Law No. 504-FZ) (letter No. 24-03-07/34121 of the Ministry of Finance of the Russian Federation of may 18, 2018).

The customer carried out the procurement of construction and installation works and did not place design estimates in the EIS. FAS recognized this as a violation and fined the customer.

Speech in the joint letter prepared by the agencies is about the purchase of security services for buildings included in the List of facilities for which private security activities do not apply (hereinafter - the List) (letter of the Federal Antimonopoly Service of Russia and Rosgvardia dated June 27, 2018 No. IA / 48336/18/1 / 5277).

Since June 29, all unitary enterprises may not purchase at their own expense under Law No. 44-FZ.

In this case, legal entities that, under procurement for their own needs, are governed by Federal Law No. 223-FZ of July 18, 2011, "On Procurement of Goods, Works, Services by Individual Types of Legal Entities", apply the provisions of the Federal Law of April 5 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services for the provision of state and municipal needs" (hereinafter - Law No. 44-FZ) regulating the procedure for determining suppliers and concluding a contract (clause 2-3 h 1 Article 1 of the Law No. 44-FZ). At the same time, the provisions of Law No. 44-FZ regulating procurement monitoring, procurement audit, as well as procurement control provided for in Part 3 of Art. 99 of Law No. 44-FZ (Federal Law No. 174-FZ of June 29, 2018).

In the list of banks for opening special accounts, the government will make credit institutions that meet such requirements:

The customer wanted to purchase printers, one of the requirements for which was the possibility of using paper of a certain density. The range of values ​​of this indicator was given in the documentation.