NEWS

They plan to allow customers to change:

• regional and municipal offset contracts – with an initial maximum contract price of 100 million rubles. and higher;

• regional contracts for regular transportation of passengers and baggage with an initial maximum contract price of 10 million rubles. and higher, municipal contracts with an initial maximum contract price of 100 thousand rubles. and higher.

Specialists from the Ministry of Finance of the Russian Federation reminded that when concluding and executing a contract, changes in its essential terms are not allowed, except in cases provided for by Law No. 44-FL (Letter of the Ministry of Finance of Russia dated June 10, 2024 No. 24-08-08/53524) .

The letter, prepared by specialists of the Federal Antimonopoly Service of Russia, notes that the provisions of Part 3.1 and Part 3.2 of Article 28.1 of the Code of Administrative Offences of the Russian Federation, which establish the specifics of considering cases of offenses expressed in non-compliance with mandatory requirements, the assessment of compliance with which is the subject of state control (supervision), municipal control, do not apply to cases of initiation of cases about administrative offenses, identified during the implementation of state control in the field of procurement under Laws No. 44-FZ and 223-FZ.

The letter prepared by experts of the antimonopoly Department notes that the entry "For the purposes of procurement for state and municipal needs", specified in paragraph 5.2 of the annex to the order of the Chamber of Commerce and Industry of the Russian Federation dated 04/10/2015 N 29, is not provided for by the Agreement on the Rules for determining the country of Origin of Goods in the Commonwealth of Independent States (Yalta, November 20 2009), nor other regulatory legal acts.

On July 1 of this year, the amendments made to paragraph 2 of Part 1 of Article 93 of Federal Law No. 44 come into force.

The Agency has released an overview of the shortcomings and violations that it has identified in regional procurement.

On June 25, 2024, the State Committee held a seminar-meeting for republican customers on the topic: "The practice of regulating state and municipal procurement in 2024," including through online broadcasting.

The state contract was terminated by agreement – the court did not consider the subsequent transaction to be a substitute and did not recover damages.

According to the agency, purchases from a single supplier based on the results of failed procedures do not include in the calculation of the total annual volume of purchases if the bidding was conducted on a general basis with the condition of attracting small businesses and socially oriented non-profit organizations to subcontract.

From this date, a new paragraph 6.1 of part 1 of Article 93 of Federal Law No. 44 is in effect, providing for the possibility of purchasing by executive authorities of a subject of the Russian Federation, state institutions of a subject of the Russian Federation, municipal institutions of municipalities that are part of a subject of the Russian Federation from a single counterparty.