NEWS

The Finance Ministry reminded that the price is an essential condition of the contract. To change such conditions it is possible only in the cases established by the Federal Law № 44.

The customer is obliged to provide the participants with the opportunity to receive information on the opening of envelopes with applications in real time. 

The supervisory authority believes that such changes do not allow the introduction of Federal law № 44. Correction of the protocols after publication in the UIS contains signs of violation of this Law.

According to the agency, the customer is not entitled to terminate unilaterally a contract containing a condition to attract co-executors from among small business entities and socially-oriented non-profit organizations, if the counterparty has not fulfilled this condition.

In the opinion of the AC of the Volga region, the customer legally established in the procurement documentation the requirement for participants to have:

The department considers that it is necessary to conclude a contract with a single supplier under item 6, part 1 of Art. 93 of 44 federal law in this situation is illegal. Resolution of the Government of the Russian Federation No. 587, which approved a list of objects not subject to private protection, does not establish exclusive powers of any organization for activities in this sphere.

From next year these customers will need to take into account in the procurement activities the Regulation on measures to ensure the implementation of the federal budget. It establishes rules on the deadline for the adoption of budgetary obligations (conclusion of a contract), as well as on advances. The former concern only state bodies and state institutions, while the latter should apply budgetary institutions.

From December 9, 2017, with the help of the new procedure, initial (maximum) price of contract or the price of a contract with a single supplier for the purchase of medicines is determined. In the case of procurement, the notice of which has been published in the EIS before that date, the procedure does not apply.

The state contract is concluded and paid for at the price offered by the winner. Hence, the customer has no right to adjust it if the winner applies a simplified taxation system.

The court noted that the obligation to bear the costs of maintaining the common property in an apartment building was established for the owner of the premises by law.