NEWS

Ministry of construction submitted a draft document for discussion, which will need to be observed, drawing up schedules for construction and installation works and their payment for contracts for the construction or reconstruction of capital construction projects.

The contractor has partially completed work on the contract. The successor of the customer applied to the bank for recovery of funds under the guarantee, which ensured the execution of the contract. The bank refused to pay. Then, under the contract, an amicable agreement was concluded and approved by the court. However, the successor to the customer demanded that the court recover the amount of the guarantee from the bank.

For the performance of a conventional contract, to procure goods, as well as to attract subcontractors or co-executors, is required by Law No. 44-FZ.

The explanations relate to the calculation of a thirty-day time limit for determining the date of proper notification of the customer's counterparty of unilateral refusal of the contract, as well as the effective date of the decision on such refusal.

Counting on the benefits can only All-Russian public organization of disabled people. Such an organization operates in more than half of the constituent entities of the Russian Federation and has structural subdivisions there. Therefore, if the regional organization of disabled people becomes the winner in the procurement, the customer is not entitled to give it advantages.

The Office explained that it was impossible to present two bank guarantees as collateral for the contract. Provision of two bank guarantees for different amounts in different or equal parts to ensure the fulfillment of the contract by the provisions of Law No. 44-FZ "On the contract system in the procurement of goods, works, services for provision of state and municipal needs" is not provided.

Several applications with the same conditions for the execution of the contract were submitted for participation in the open tender. Then the application, which was received first, was amended. However, the customer did not change the date of filing of this application on the date of making changes and the participant who submitted it won. The antimonopoly authority recognized the actions of the customer as a violation of Law No. 44-FZ.

Customers should not hope that it is possible to reduce the number of reports without specifying in the contract the stages of its execution. The Ministry of Finance explained: there are enough facts of periodic acceptance and payment, so that there is a duty to account for the stages.

In the opinion of the Ministry of Finance, a purchase can be made by indicating in the notice and documentation the price of a unit of work or services, as in the purchase of maintenance services for machinery or equipment.

According to the amendments to the Law No. 44-FZ, a state information system should appear for monitoring and recording activities in the EIS and on the electronic platform. With a view to its creation, the Ministry of Communications has developed a draft government decree, which proposes to name this system "Independent Registrar".