According to the agency, Law No. 44-FZ does not allow such an opportunity.
The AC of the Volga region counted that the customer does not have the right to withhold the entire amount of security for the delay in fulfilling the obligations. This conclusion was made by the court despite the fact that the contract provided for the transfer to the customer of securing the contract in full upon failure to perform or improper performance by the customer's counterparty of its obligations.
The order of evaluation of applications must contain:
The customer rejected the application because the quantity of goods offered for delivery was greater in the auction document. The Antimonopoly Authority considered that there were no grounds for rejecting the application, and found the customer to have violated Law No. 44-FZ.
The explanations concern changes introduced by Law No. 505-FZ into the rules for appealing against the actions (inaction) of the customer, the purchasing commission and the operator of the electronic platform.
On February 15, the first in 2018 session of the Public Council at the State Committee of RT on procurement was held.
To establish advantages it is necessary, if the names of objects of purchase correspond to the names of the goods from the list.
The AC of the North-West district supported the position of the antimonopoly authority, pointing out that Law No. 44-FZ does not provide for a strict form of a declaration on the ownership of the procurement participant in the SMB. The essence of the declaration is of legal importance, and not its form.
In the opinion of the state body, it is wrong to reject the quotation application only because it does not contain a declaration of compliance with the requirements provided for in §§ 3-10, part 1 of Art. 31 of Law N 44-FZ.
As explained by the agency, the obligation to compile a report on the volume of purchases from the SMP and SONKO is retained by the customer, if he only purchases small volume from a single supplier. In this case, you must specify zeros in the report.