If, during the conclusion of the contract, the participant has not managed to comply with the procedure or the deadlines, all possible measures should be taken to eliminate the violations. Depending on the conditions, it is necessary:
This refusal affects the rights of the customer and may lead to a breach of competition.
The Supreme Court said that, If an unfair company will continue to participate in procurement, the customer will not be able to achieve the set results with optimal costs. It was observed that budgetary funds will be used inefficiently at the same time.
This opportunity available for theaters, museums, cultural centers, libraries and other customers listed in Law №44-FZ.
The list was supplemented with the following equipment:
- devices and equipment for telecommunications - 26.51.44.000;
- Electrical signaling devices, equipment that provides security or controls traffic - 27.90.70.000. For example, speed cameras or traffic lights;
According to the Law № 44-FZ, another medicaments can be taken from the supplier if its characteristics are improved. The institution considers that the state customer can independently decide which of medicaments have advantage.
The following conclusions are interesting:
- it is sufficient to provide for the possibility of unilateral withdrawal of the party from execution in the contract. It is not necessary to list specific grounds;
For increase in efficiency of participation in government procurement of subjects of small and average business, socially oriented non-profit organizations, organizations of persons with disabilities and republican producers the State committee of RT on purchases with organizational support SUE RT "Centre razvitiya zakupok RT" will hold a seminar meeting on the subject "Participation in Procurement according to Laws 44-FZ and 223-FZ".
The state customer can't insist also on an insertion of such volume application in the form of a uniform package of documents. The federal Law "About Contract System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" from 4/5/2013 No. 44-FZ doesn't assume the right to establish these requirements, specifies the Ministry of Finance.
The EXPERT of Ural federal district hasn't counted insufficiency of the budgetary financing as essential change of circumstances which the parties couldn't expect reasonably. The state customer has no right to refuse unilaterally performance of the contract in that case.
The electronic auction or different way of purchase under the Federal law "About Contract System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" from 4/5/2013 No. 44-FZ will be suitable for such purchases.