The state Duma adopted in the third reading a bill that should simplify public procurement in 2019
Amendments to the Law n 44-FZ provide for several innovations in contract enforcement, the abolition of mandatory examination for a number of cases, a new basis for the purchase from a single supplier and the ability to change the price of the contract due to an increase in VAT.
Detailed rules for reducing collateral for partial performance of the contract will appear
The amount of collateral will be reduced in proportion to the cost of timely fulfillment of obligations. The collateral will not reduce if the executor:
did not work the advance;
did not pay the penalty under the contract (paragraph 10 of article 1 of the Bill).
If there are no obstacles to reduction, the customer will return the extra money to the contractor within the period stipulated by the contract.
If the security is a Bank guarantee, the customer will waive part of the rights under it.
Under either option to issue additional documents is not required, the customer will be enough to send to the registry contracts information about the performance of the obligations.
These rules should be effective from July 1, 2019. However, by agreement of the parties, they can be extended to contracts concluded earlier.
You can change the contract price due to the increase in VAT
The price can be adjusted within the limits of VAT increase under contracts concluded before January 1, 2019. At the same time, it will be necessary to take into account the limits of budget obligations. This possibility will remain until October 1, 2019 (paragraph 12 of article 1 of the Bill).
There will be another reason for purchasing from a single supplier
A contract with a single supplier can be concluded for the provision of services for the production of forms of identity documents, forms of certificates of state registration of acts of civil status and a number of other documents. Thus it is not necessary to prove impossibility to choose other way of purchase, the price and other essential conditions of the contract (item 8 of Art. 1 of the Bill). This possibility will appear from the moment of publication of the law.
External examination for acceptance of contracts will need to be carried out less often
It was made optional for acceptance under contracts concluded with a single supplier after failed electronic procedures (paragraph 9 of article 1 of the Bill). This amendment will also enter into force upon the promulgation of the law.
The contractor shall be ready to provide new security for the performance of the contract
If the Bank that issued the guarantee revokes the license, the contractor will be obliged to provide a new security for the execution of the contract within a month from the date of the customer's request. For late payment will accrue interest (PP. "b" of paragraph 2 of article 1 of the Bill). Such a condition will need to be included in the draft contract if the procurement starts after July 1, 2019.
Document: Draft of the Federal law N 197556-7