The normative legal acts devoted to organizational issues of electronic procedures in accordance with the Law № 44-FZ and the Law № 223-FZ are clarified

26 February 2019, Tuesday

In particular, in accordance with the amendments made to the decree of the Government of the Russian Federation No. 564 of may 10, 2018, the fee from the persons with whom the contract is concluded is charged by the operators of electronic platforms once, including the results of a joint tender or auction. In this case, the operator of the electronic platform has the right to send a request to transfer the fee no later than one working day from the date of signing of the relevant contracts by all customers.

Paragraph 1 of The requirements to the special account agreement is set out in a new version, according to which the special account agreements may be concluded by participants accredited on the electronic platform in accordance with Law No. 44-FZ.

According to the new paragraph 4.1 of the RF Government decree No. 656 of June 8, 2018, the Ministry of Finance of Russia together with the FAS of Russia until June 1, 2019 will have to check the compliance of operators and electronic platforms with the requirements provided for in paragraphs 19-21, 24 and the new sub-paragraph "and" paragraph 29 of the unified requirements, paragraph 28-29 of additional requirements. In this case, conformity assessment is carried out by means of checks of readiness for operation, provided for in paragraph 7 of the rules of conformity assessment, as well as verification of operation, provided for in paragraph 10 of the rules of conformity assessment.

Also, the operators of electronic platforms were forbidden to involve third parties in the conduct of electronic procedures with the participation of small medium-sized businesses, the Corresponding new subparagraph "b" was added to paragraph 4 of the requirements for the functioning of the electronic platform for the purpose of competitive procurement with the participation of small medium-sized businesses.

In addition, according to the new paragraph 2.1 of the RF Government decree No. 748 of June 29, 2018, the requirement for banks in which procurement participants open special accounts on the existence of agreements on interaction with each of the operators of electronic platforms is presented 60 days after their inclusion in the list provided for by part 10 of article 44 of the Federal law of April 5, 2013 No. 44-FZ "on the contract system in the procurement of goods, works and services for state and municipal needs".

Document: Decree of the Government of the Russian Federation of February 13, 2019 № 141

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