Draft amendments to Law N 44-FZ have been prepared
It is planned to reduce the number of competitive procurement methods, identify new cases of procurement from a single supplier, adjust the rules for sending information to the Register of unscrupulous suppliers, and change the procedure for filing complaints.
Competitive methods of procurement
The following methods of procurement are excluded: two-stage contests, contests with limited participation, requests for proposals.
Competitive methods will be:
competition (open and closed competitions held in electronic form, closed competition);
auction (electronic auction, closed auction, closed auction in electronic form);
request for quotations in electronic form.
Features of competitive procurement
Innovations will affect, in particular, the request for quotations in electronic form. Thus, it will be possible to conduct it without restrictions on the Total annual volume of purchases. In addition, this method of procurement will require the application to be secured if the initial maximum contract price exceeds 1 million rubles. Currently, this obligation is only established for tenders and auctions.
The project relieves customers of the obligation to draw up documentation for conducting purchases using open competitive methods. All the necessary information will be included in the purchase notification, which will be generated in a Single information system. Documentation will need to be prepared, for example, for a closed auction in electronic form.
Preferences when entering into a contract with an organization of persons with disabilities or an institution of the criminal Executive system
Lists of goods (works, services) that provide advantages for purchasing will continue to be used.
At the conclusion of the contract with the organization of disabled persons or institution (enterprise) of the penal system will need to increase their proposed price, the unit price of the goods (works, services) by 15%, but not more than the size of the initial maximum contract price. Now this value may be less than 15%.
In addition, it will be prohibited to purchase goods (works, services) from the list and goods (works, services) that are not included in it within the same purchase.
Purchases from a single supplier
There will be more such purchases. It will be possible to conclude a contract in a non-competitive way, in particular, when purchasing a building based on the results of auctions held in accordance with land legislation, legislation on enforcement proceedings, and insolvency (bankruptcy).
The order of execution of the contract
When conducting electronic procedures (closed electronic procedures), you will need to form and sign acceptance documents in electronic form. This feature is already implemented in the Unified information system
Procedure for sending information to the Register of unfair suppliers
When conducting electronic procedures (closed electronic procedures), customers will form an application for inclusion of information in the Register of unscrupulous suppliers in electronic form in a Single information system.in some cases, the information will have to be sent on paper, as before: for example, when conducting a closed tender or auction.
The list of information for the registry has been adjusted. Thus, it does not need to include information about the grounds and date of termination of the contract by a court decision.
Appeal of violations
The procedure for appealing violations is also proposed to be changed. In particular, they plan to introduce an electronic complaint form for competitive and small electronic purchases. In some cases, complaints will still have to be submitted in paper form: for example, when conducting a closed competition or auction.
In addition, they plan to adjust the information specified in the complaint. So, if a competitive purchase is carried out with an initial maximum contract price of 20 million rubles, the customer will require the participant to have a successful experience in performing the contract under the Law N 44-FZ. Its price should be at least 20% of the initial maximum contract price of the procurement Subject will not matter. You will need to set this provision if the customer did not apply additional requirements to the bidders. If there is a requirement for experience, you will need to specify the number of the contract's registry entry when submitting a complaint.
It is planned that the innovations will take effect from January 1, 2021. Public discussion of the project will last until March 2, 2020.
Document: Draft of the Federal law