After intervention of the Moscow Region Business Ombudsman Vladimir Golovnev, an entrepreneur received his contract debt in full
After intervention of the Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region, the Krasnogorsk city hospital paid all its payments for food delivery.
As the Business Ombudsman said, an entrepreneur applied in May 2020 for inaction of Moscow Region health budget- funded entity "Krasnogorsk city hospital 2". In particular, there was information of contract violation of food delivery. Thus, the employer did not identify any lack of items delivered, all terms and time frames were implemented according to the invoices from March 2020. As for the contract, the goods delivery is to be partly, based on the employer's requirements from the contract date to December 31st of 2020. The payment is to be performed no more than 15 days from invoice being signed by employer. But since then, with items delivered in time, no money come to entrepreneur's account.
Having considered the arguments, Vladimir Golovnev has submitted the case to the Moscow Region Office of the Auditor General for further inspection of health entity inaction and to take the necessery measures required, according to the current legislation of Russian Federation.
It was revealed that according to the documents on the unified procurement system and on the contract performance Portal of Moscow Region of unified procurement system (PIC EASUZ), indeed, in March 2020 the contracts were concluded between an entrepreneur and Moscow Region health budget -funded entity "Krasnogorsk city hospital 2". The total amount of three contracts is up to 620 thousand rubles. The payments are going to be no longer than 08.04.20 and 09.04.20.
Besides, the regional Office of the Auditor General identified the invoices unindicated in the appeal and they should be paid no longer than 22.05.20, 01.06.20 and 04.06.20.
As a result of a collaborated work of regional Office of the Auditor General and the Moscow Region Business Ombudsman, the employer made all the payments in total amount of 19 936, 15 rubles. The payments of the rest are scheduled in time, according to the contract terms.
"Despite the fact that the entrepreneur attended to sue, he was successful in his appeal in pre-trial way at all. The contract performance is mandatory for all.
According to 189 Federal Law from 26.07.2017, the contract violation in state and municipal procurement incurs a fine equal to 30-50 thousand of rubles for officials. Further disqualification is possible 1 to 2 years in the event of a repeated offence.
Since the payment for items delivered was made, the case now is closed. "- informed the Moscow Region Business Ombudsman Vladimir Golovnev.