NEWS

The department, as before, continues to believe that the identity of the supplier is of significant importance to the customer. The assignment of claims under contracts contradicts budgetary legislation. The right can not even transfer to claim for reimbursement of court expenses.

This opinion was expressed by the Novosibirsk Office of the Federal Antimonopoly Service.

The Ministry of Industry and Trade has drafted amendments to several government decrees. Innovations relate to the following provisions:

Among the most significant amendments to Law No. 44-Federal Law proposed in the draft, we note the following:

According to the opinion court, the Law on OSAGO is special in relation to Law No. 44-Federal LAw, and it provides for the liability of the insurer in a larger amount. Under the OSAGO Act, the penalty for violating the term of insurance payment is 1% of the amount of insurance compensation for each day of delay. And according to the Law No. 44-Federal Law, the penalty for late performance of the contract can not be less than 1/300 of the CB of Russia refinancing rate from the contract price, which is reduced by an amount proportional to the amount of obligations fulfilled.

It is planned to establish methods of calculating the Initial (Maximum) Contract Price for the following procurement objects:

- construction, reconstruction and overhaul of capital construction objects;

- design and survey work;

- purchase and delivery of equipment;

- building control.

Сustomer’s official expects a fine of 30 thousand to 50 thousand rubles. If the violation is repeated, this person may be disqualified for a period of from one to two years.

According to the court opinion, necessity to have a service office for the repair of the supplied equipment does not refer to the demand for the availability of production facilities from the procurement participant in Russian Federation. Therefore, the requirement to have a service office on the territory of  Russian Federation complies with the Federal Law «The contract system in the procurement of goods, works, services to ensure state and municipal needs» of 05/04/2013 N 44-Federal Law.

The size of the state contract in this case should not exceed the amount of budgetary obligations taken into account.

The supervisory authority must accept a complaint about the actions of the customer when considering the second part of the applications, if the participant sent it through the communication organization before the contract is concluded, observing the terms. In the opinion of the AC of the North Caucasus District, the receipt by the antimonopoly authority of a complaint after the conclusion of the contract does not indicate that the participant violated the deadline for its submission.