We changed a few more procurement rules in 2024

10 January 2024, Wednesday

The Government has adjusted several more procurement documents. In 2024, customers were extended the right to change the terms of construction contracts, regions no longer have the right to establish additional procurement rules from the supplier, and the central office of the Federal Antimonopoly Service will consider more complaints. We also adjusted the list of customers under 223-FZ, whose draft plans will be evaluated for compliance with SMEs.

How have the temporary norms been changed?

On December 19, 2023, the Ministry of Finance issued clarifications in which it told how to carry out the purchase taking into account the changes. The agency clarified that in 2024, the regions have the right to purchase TRU from a single supplier for special operations and mobilization training. In 2024, the right to independently establish additional grounds for regions to purchase from a single supplier was excluded.

Document: Letter of the Ministry of Finance dated 12/29/2023 No. 24-01-10/128563

The deadlines for changing construction contracts have been extended according to Resolution No. 680. The essential terms of such contracts can be changed before the end of 2024 if circumstances arise that do not depend on the will of the parties.

Document: Federal Law No. 625-FZ dated 12/25/2023

The powers of the Central Office of the Federal Antimonopoly Service have been clarified

Since January 9, 2024, the powers of the Central Office of the Federal Antimonopoly Service have been changed. In particular:

• increased the price threshold for complaints;

• submitted to the Central Federal Antimonopoly Service for consideration complaints and appeals against the actions of banks, the state corporation "VEB.RF" and regional guarantee organizations;

• established the right to review complaints and appeals by the Central Federal Antimonopoly Service of Russia, which are considered by the territorial bodies of the FAS.

The same document established the jurisdiction of the consideration of complaints. Thus, the Moscow Federal Antimonopoly Service will consider complaints about the procurement of federal courts located in the Central Federal District. The exception is complaints that are considered by the Central Office. The St. Petersburg Federal Antimonopoly Service will receive complaints about the procurement of federal courts located in the Northwestern Federal District.

Document: FAS Order No. 1010/23 dated 12/15/2023

How the rules of the national regime were changed

Since December 29, 2023, the rules of the national regime for the purchase of industrial products have been changed. In particular, the lists with restrictions and prohibitions were adjusted:

• a ban was imposed on the purchase of passenger and cargo helicopters of foreign production;

• Restrictions have been placed on the purchase of unmanned aircraft systems.

Document: Government Resolution No. 2357 dated 12/28/2023

How the procurement rules for 223-FZ were changed

The legislator has adjusted the list of customers under 223-FZ, whose procurement plans are being evaluated for compliance with the requirements for the participation of SMEs in the Federal Corporation for the Development of SMEs. The new list is valid from December 27, 2023.

Document: Government Decree No. 3965-r dated 12/27/2023

Starting from January 1, 2024, the Government approved recommendations to increase the price of the contract for the supply, maintenance and repair of railway transport under Law No. 223-FZ.

Document: Government Resolution No. 2333 dated 12/27/2023

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