The government has approved new rules of national regime for electronic products
Create a unified register of Russian electronic products. The customer will be guided by him in the preparation of documentation, and the Commission — in the application of restrictions and conditions of admission to public procurement. Products from the register will receive priority in procurement under the Law N 223-FZ.
How the registry will be maintained
The register will be maintained by the Ministry of industry and trade from September 1, 2019.
The rules for inclusion in the register are different for electronic and telecommunication equipment.
Radionics. The manufacturer will need to apply for an opinion on the confirmation of Russian origin. Not later than three working days from the date of its issue, the products will get into the register.
If the conclusion is issued before July 27, 2019, the Ministry will include the products in the register within two months.
If you change the information included in the register, information about it will need to be sent to the Ministry within 30 calendar days from the date of change.
Telecommunication equipment. Such equipment, regardless of the date of issue of the conclusion, will be included in the register only at the request of the manufacturer. At the same time, it is necessary to confirm the Russian origin of products every year.
The Ministry of industry and trade will assign the status of Russian-made equipment to the products. To do this, you will need to submit documents confirming compliance with the requirements for the manufacturer and equipment. If the applicant is unable to submit the necessary information or the Ministry has additional questions, the expert Council will conduct an on-site inspection.
If the manufacturer is denied inclusion in the register, he will be able to re-apply only after one calendar year from the date of refusal.
In some cases, will be to set limits
Restrictions will have to be established if the customer decides to purchase electronic products included in the list. At the same time, it is impossible to combine products from the list and those that are not in it into one purchase.
The procedure for determining the initial maximum contract price for such purchases will be established by the Ministry of industry and trade together with the Ministry of Finance and the Federal Antimonopoly service
Restrictions do not need to be set if in the registry:
no products with the necessary features;
there are products with the required functions, but its characteristics are not suitable for the customer.
In these cases, the customer will have to justify the inability to comply with the restrictions on the admission of electronic products. Justification will need to place in the EIS concurrently with the placement of the notice on the purchase. That it is necessary to specify in justification, is provided by the Resolution N 878.
The new admission rules will not apply to the implementation of cross-border cooperation programs and the purchase of products on the territory of a foreign state.
How restrictions will be applied
The customer must reject applications with offers of foreign goods, if there are at least two applications that are simultaneously:
comply with notice and documentation;
contain proposals for the supply of products from the register;
do not contain proposals for the supply of the same type of product of the same manufacturer or manufacturers belonging to the same competitive group.
The participant will have to declare that his products are included in the register, and specify the number of the register entry.
During the execution of the contract it will be impossible to change products from the register for products not included in it.
How will buy radio electronics from the register under the Law N 223-FZ
Regulation No. 878 provides for the priority of radio electronics included in the register.
Thus, if the customer holds a tender or other purchase on the basis of evaluation criteria and comparison of applications, proposals for the supply of products from the register will be evaluated according to cost criteria, reducing the price offered by the participant by 30%. The contract will be concluded at the price offered by the winner.
If the customer conducts an auction or other purchase with a step-by-step price reduction, with the winner who offered foreign products, the contract will be concluded at a price 30% lower than the proposed one. If the price is reduced to zero and the bidding goes for the right to conclude a contract, the winner will have to pay 30% more than he offered.
When will earn new rules
Resolution N 878, including the rules for maintaining the register and the provisions on the priority of domestic radio electronics in procurement under the Law N 223-FZ, shall enter into force on July 27, 2019.
Restrictions on the admission of foreign radio electronics under the new rules will work on September 1, 2019 and will be valid for two years. Prior to this date will be applied the Decree No. 968. We believe that in fact, the priority will need to be applied only from September 1, because it is from this date that the registry will begin to operate.
Document: RF Government Resolution from 10.07.2019 N 878 (effective for 27.07.2019)