The rules for granting national treatment when conducting purchases under Laws No. 44-FZ and No. 223-FZ unify
The Government of the Russian Federation has submitted to the State Duma a bill providing for the optimization of the rules for granting advantages to Russian goods, works and services for the purpose of procurement under Laws No. 44-FZ and 223-FZ. In particular, these laws are supposed to include provisions providing that:
- national treatment of "foreign" goods, work, services is provided as a general rule, regardless of the presence or absence of a relevant international agreement, except in cases where the Government of the Russian Federation has taken measures prohibiting or restricting purchases of goods, work, services originating from a foreign state, or advantages in relation to goods, work, services of Russian origin;
- The Government of the Russian Federation in establishing the above-mentioned prohibitions, restrictions, advantages: takes into account the international obligations of the Russian Federation, in connection with which it cannot establish a ban, restriction, advantage in respect of goods, works, services, if the Russian Federation has concluded an international agreement according to which the relevant foreign state has been granted national treatment;
- may establish a prohibition, restriction, advantage in cases where the relevant international treaty contains provisions (exceptions, exceptions) in which national treatment is not provided.
With regard to the measure taken by the Government of the Russian Federation prohibiting the purchase of goods (work, services) originating from a foreign state, it is proposed to provide in Laws No. 44-FZ and No. 223-FZ provisions on preventing the conclusion of an agreement (contract) providing for the supply of goods originating from a foreign state, as well as replacement in the performance of the contract (contract) goods for goods (work, service) originating from a foreign country.
With regard to restrictions on purchases of "foreign" goods (works, services), it is planned to provide provisions on the prevention of:
- conclusion of an agreement (contract) providing for the supply of goods (performance of work, provision of services) originating from a foreign country, if at least one proposal for the supply of goods (work, services) of Russian origin has been submitted and recognized as meeting the established requirements - the "second superfluous" mechanism;
- replacement of goods (work, services) for goods (work, service) originating from a foreign country during the execution of the contract (contract), if the contract (contract) at its conclusion provided for the supply of goods (work, services) of Russian origin.
In relation to a measure taken by the Government of the Russian Federation that establishes an advantage for a product (work, service) It is proposed to provide for a rule that, for the purpose of reviewing (evaluating) the proposals of the procurement participants, the price offer of the participant offering goods (work, service) exclusively of Russian origin is adjusted, which will improve the position of such a participant in the procurement when assigning serial numbers to applications for participation in the procurement and increase the probability of his victory. At the same time, if the specified participant wins, the contract (contract) will be concluded at the proposed price without taking into account the adjustment.
The composition of information and documents confirming the Russian origin of the goods is proposed to be determined in an act of the Government of the Russian Federation.
The bill also provides for the preservation of the mechanism for the minimum mandatory volume of purchases of goods of Russian origin within the framework of Law No. 223-FZ.
It is assumed that the relevant federal law will enter into force on October 1, 2024, with the exception of provisions for which other deadlines will be set for their entry into force.
Document: Decree of the Government of the Russian Federation dated February 8, 2024 No. 273-r
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