The Ministry of Finance proposed to update the model provision on contract service
The Ministry has prepared a draft model provision on the contract service (hereinafter-the Draft), which takes into account the provisions of the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works, services for state and municipal needs" (hereinafter – the Law № 44-FZ) in the current version.
In particular, in accordance with the Draft, it is planned to clarify the list of functions and powers of the contract service in terms of the implementation of organizational and technical support for the activities of the procurement commissions.
Thus, it is proposed that the relevant paragraphs of the model provision on the powers of the Contracting service to verify participants be set out in accordance with paragraphs 7-7.1, p. p. 9-11 part 1 of Art. 31 of the Law № 44-FZ and include in the scope of such powers the audit:
absence at the participant – physical person, the head, members of collective Executive body or the chief accountant of legal entity of a criminal record for the crimes listed in item 7 h. 1 of Art. 31 of the Law No. 44-FZ;
non-application of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities, and administrative punishment in the form of disqualification;
non-attraction within two years prior to the filing of the application of the participant – legal entity to administrative responsibility for the offense under Art. 19.28 of the administrative Code;
absence of the place of registration of a legal entity participant in the state or territory included in the approved in accordance with the podp. 1 item 3 of Art. 284 of the Tax code the list of the States and territories providing the preferential tax regime of the taxation and (or) not providing disclosure and providing information when carrying out financial transactions (offshore zones) concerning legal entities;
absence of restrictions for participation in procurement established by the legislation of the Russian Federation.
It is assumed that if adopted, the document will enter into force after the invalidation of the order of the Ministry of economic development of Russia dated October 29, 2013 № 631 "On approval of the Model provision (regulations) on contract service".