The Treasury "fought off" the supplier of monoblocks, demanding to invalidate the termination of the state contract

2024: Trial with "Flashing "

As TAdviser found out in May 2024, the "Center for Ensuring the Activities of the Treasury of Russia" ("CRM"), subordinate to the Federal Treasury, won a legal dispute with the company "Migalka," which demanded to invalidate its refusal to fulfill the previously concluded state contract.

As follows from the published decision of the Arbitration Court Moscow^[1], the contract in question, with a volume of about 559 million rubles , was concluded in November 2022 and involved the supply of monoblocks Depo within 10 thousand pieces. It was required to be carried out in batches at the request of the customer.

In court, representatives of Migalka said that the manufacturer of the required monoblocks - Depot Electronics - was delaying the shipment of goods, so the company turned to Beshtau Electronics with a request to provide a test sample in order to agree with the customer on the possibility of replacing goods with goods with improved characteristics without changing the scope of supply and contract price.

Freepik

According to representatives of the company, "RCC" arranged the provided alternative, and it remained only to wait for these Beshtau monoblocks to be included in the register of industrial goods produced in the Russian Federation. And after that it was planned to conclude an additional agreement with the customer for the replacement of goods and the start of delivery. The corresponding register entry for monoblocks appeared on April 6, 2023, but two days before that, "CRM" decided to unilaterally refuse to fulfill the contract.

At the same time, from April 1, 2023, the execution of the contract without replacing the goods turned out to be completely impossible, since the registry entries for the contracted Depo monoblocks ceased to operate. Migalka said that the manufacturer of monoblocks did not notify in advance that it was not going to renew the register for this product, and "constantly delayed the timing" of its shipment. Thus, the company believes, the execution of the contract turned out to be impossible for reasons beyond its control.

At the same time, as the court established, Migalka appealed to the manufacturer for information about the availability of goods in accordance with the registered records or similar goods only after the expiration of the delivery period for goods. Under the terms of the contract, the delivery of monoblocks was to be carried out at a time when the registry records were still in effect.

In addition, Migalka, in its letter dated April 13, 2023, suggested that RCC consider the possibility of supplying Beshtau goods with a unit price of 98.3 thousand rubles or Depo at a price of about 108 thousand rubles. But the contract established that the cost per unit of goods is about 42 thousand rubles - that is, more than twice as low as proposed for alternative monoblocks. Thus, the proposal of "Migalka" could not be accepted by "RCC," as this would violate the law on the contract system: it establishes that it is possible to change the contract price only within 10% of the original one.

"Flashing" did not eliminate the violation of the terms of the contract at the date of entry into force of the decision to terminate it in connection with the unilateral refusal of the customer from fulfillment and did not fulfill its obligations under the contract, the court states. The goods were not delivered, respectively, Migalka significantly violated the terms of the contract and the decision of RCC is legitimate, legal and reasonable. The factor not in favor of "Migalka" when making a court decision was the fact that in fact an additional agreement for the supply of alternative goods between it and "CRM" was never concluded.

Accordingly, the court refused to "Migalka" in satisfying the requirements for the recognition of the decision of "RCC" invalid.

The Treasury's waiver was due to the fact that the company disrupted the delivery of monoblocks to the Treasury by not supplying a single piece of declared equipment within the time frame allotted to government contracts, as a result of which the contract was terminated on April 17, 2023, TAdviser was told in the Federal Treasury regarding the trial. - It is worth noting that "RCC" made a claim to the unscrupulous contractor to pay a penalty in the amount of 2.2 million rubles, the entire amount was paid by LLC "Migalka."

The representative of the Treasury added that the long-term practice built in their department in the preparation, bidding and acceptance of goods, works and services based on the results of the purchase, as well as a multi-level control system, make it possible to mitigate all possible risks, and if they occur, have a clear algorithm for eliminating the consequences for the department. In his opinion, this confirms the case with "Migalka."

2023: Conclusion of a state contract with Open Technologies 98

According to the information on the portal, in UIS "Procurement" June 2023, "CRM" entered into a state contract for the supply of monoblocks with another supplier - "Open Technology 98"^[2]Its volume amounted to about 559.9 million, just rubles below the maximum purchase price. From the published documents it follows that the company must supply 12.9 thousand monoblocks with "CRM." Aquarius

According to the database of legal entities Kontur.Focus, "with the company" Open Technologies 98 "" CRM "has previously concluded government contracts for large sums more than once, while" Migalka "was a new contractor for it. The latter in 2020-2021. twice participated in the tenders of the department, but then did not become the winner.

2022: Conclusion of a state contract with "Migalka"

In November 2022, the Center for Ensuring the Activities of the Treasury of Russia, following an electronic auction in which five suppliers took part, entered into a state contract for the supply of monoblocks with a volume of about 559 million rubles with Migalka^[3].

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