From July 1, 2019 in public procurement may be significant changes
The Ministry of Finance prepared the bill with amendments to the Law N 44-FZ. Thus, there will be new grounds for changing the terms of contracts for overhaul or utilities. Upon termination of the contract with the winner, the customer will be able to conclude a new one with the participant who took second place. There are other innovations.
There will be additional grounds for changing contracts
In the case of construction, reconstruction, overhaul, demolition of capital construction projects can be changed (PP. "a" clause 54 of article 1 of the project):
in contracts concluded for a year or more — any conditions other than the term, if there were circumstances beyond the control of the parties, because of which the work can not be performed. The contract price can be increased by no more than 30%. Changing the conditions will require a decision by the government, the highest Executive body of the region or the local administration. The government will set the price level at which such a change is permissible;
in any contracts — term, if it is broken through the fault of the contractor. The additional time shall not exceed the initial period. The contractor will have to pay all accrued penalties. The parties will have to agree on a new deadline for the return of the amount provided as security for the contract.
A contract with a single supplier can be changed if purchased in particular (PP. "a" clause 54 of article 1 of the project):
services of natural monopolies;
utilities, gas supply services, connection to networks;
apartment building management services;
services in the maintenance, repair, protection of the premises transferred to the customer for free use or operational management;
electricity or energy services;
rent of non-residential buildings and premises.
Customers will be able to change the contractor without bidding
Upon termination of the contract for any reason, a new one can be concluded with the participant whose application has been assigned a second number, with his consent (PP. "b" item 54 of Art. 1 of the project). If the customer refused to perform the contract, the first contractor must be included in the RNP.
The contract will be concluded on the terms stipulated by the notice and the application of the new contractor. The amount of obligations and the price would need to be reduced if the original contract was partially fulfilled.
There will be more opportunities to make purchases with an unknown volume
Customers will be able to purchase any goods, works or services without determining their volume.
You will need to justify the starting price of the unit and the starting price of the units of goods, works or services (PP. "d" item 3 of article 1 of the project). The notice will need to specify these prices, as well as the maximum value of the contract price (PP. "b" item 17 of Art. 1 of the project).
Participants will make proposals on the amount of unit prices (paragraphs 4 and 11 of article 1 of the project). This feature will affect other aspects of the purchase. Thus, the benefits to the institutions of the MIS and organizations of persons with disabilities will be provided in relation to the amount of unit prices (paragraphs 7 and 8 of article 1 of the project). Anti-dumping measures will need to be applied taking into account the reduction of this amount (paragraph 15 of article 1 of the project).
Operators will verify compliance with additional requirements
Documents confirming compliance with additional requirements, participants will have to send to the operator of the electronic platform. Within five working days, the operator will check the documents and decide whether to place them in the register of participants accredited at the site. In case of refusal, the participant will not be able to apply (paragraph 5 of article 1 of the project).
Simplify submission and evaluation of applications for participation in "construction" auctions
If the documentation for construction, reconstruction, overhaul or demolition of the project will be given in the application will be enough to Express consent to perform the work. The customer will not have to evaluate the first parts of the applications. The applicant will automatically become a member if the operator does not return the application. The auction will be held four hours after the deadline for applications (PP. "C" p. 34, p. 36 of Art. 1 of the project).
Document: Draft of the Federal law