Changes in the procurement Law No. 44-FZ and N 223-FZ in 2018

25 January 2018, Thursday

Procurement according to the Law N 44-FZ: key changes who or which entered into force in 2018

A competitive procurement was transferred into electronic form

The Law N 44-FZ has undergone major revisions. The key difference is the transition to competitive procurement in electronic form. Conduct in a form open tender, tender with limited participation, two-stage competition, request for quotations and request for proposals customers can volunteer from 1 July 2018. Some innovations need to be applied from January 11.

Entered into force new rules on the ban on the admission of foreign IN

The prohibition no longer applies IN the member States of the EEU. To do this, it should be included in a special register, which will be in addition to existing.

If at least one of the registers will be a suitable products to the customer, wishing to conduct the purchase need to install this prohibition. In this case, the purchase should allow only participants that offer goods from registers.

Rules banning foreign software distributed on any purchase, which customer receives the software or the right to it.

Detailed requirements as to the form of application schedules

In the schedule of procurement for Federal needs, as well as for regional and municipal needs justification, the MSPC or the contract price with a single supplier should lead to the indication included in the subject matter of the procurement of goods, works, services, their quantities and units of measure (if available).

Government and municipal customers can enter into contracts in the recall period limits

If the limits of budgetary obligations withdrawn to bring them into compliance with the law (decision) on the budget, the procurement may conduct the procurement. The contract amount shall not exceed the amount put on the account of budgetary obligations.

Terms of reference for the purchase of medicines need to cook in new ways

When planning, we need to apply the Decision of the Government of the Russian Federation from 15.11.2017 N 1380. This document, in particular, set out the requirements to the description of formulations, dosage, primary packaging, the remaining shelf life of purchasing drugs.

In 2017, there have been many significant changes that are worth to remind:

from 1 December 2017 for a two-year ban on the purchase of imported furniture is named in a special list;

contracts now have to pay for a period not exceeding 30 days;

according to the contracts concluded by results of purchases from SMEs and SONKO, the payment period should not exceed 15 working days;

there are new rules for determining the penalty for state contracts;

establishes administrative liability for violation of terms and order of payment of contracts;

possible to require the bidders in construction tolerances of the SRO;

the ban on participation in procurement of Turkish companies;

expanded the list of foreign Radioelectronics, tolerance where to purchases are limited.

The changes that need to be considered in 2018 during the procurement Law No. 223-FZ

Significant changes made to the Law N 223-FZ

The number of customers who should conduct the procurement from small and medium business

From 1 January 2018, this obligation came from customers according to the Law N 223-FZ, if the annual volume of proceeds exceeds 500 million rubles.

The customer is a credit institution should conduct such purchases, if the amount of its assets according to the financial statements for the preceding calendar year exceeds RUB 500 million To customers of the number of Autonomous institutions, the requirement applies if the value of the contracts according to the tender results for the previous calendar year will exceed 250 million rubles.

Customers who are the subjects of small and medium-sized enterprises, innovation is not concerned.

Changed the annual volume of purchases that customers are required to spend at small and medium businesses

The minimum level of annual procurement, the participants of which can only be subjects of small and medium-sized businesses, from 1 January 2018 increased from 10 to 15% of the total annual value of contracts concluded according to the results of the procurement.

From 7 December 2017 customers under the 223-FZ temporarily make the registry less information

From this date and until July 1, 2018, would not have to be in the registry:

the details of the provider, contractor, contractor;

information on subcontractors and contracts with them.

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