FAS has proposed significant amendments to the Law N 223-FZ
How do they want to change the content of documentation
When placing purchases, you will need to use the KTRU
Functional, technical, quality and operational characteristics of the subject of purchase will need to be set out in accordance with the KTRU. You can specify additional characteristics, but you will need to justify them.
You will need to justify the maximum contract price
The documentation will need to include a justification for the NMDC or the unit price of a product, work, or service for purchases with an unknown volume.
They will impose more requirements on participants in competitive purchases
In some cases, you will need to establish a requirement to have experience in performing contracts under Law n 223-FZ and state contracts.
They will change the rules for securing applications and ensuring the execution of contracts
If the purchase will provide for securing requests and ensuring the execution of contracts, the documentation will need to set their size, term and procedure for providing them.
You will only be able to provide security for an application to participate in a competitive procedure in the form of money or a Bank guarantee. They want to exclude the possibility of resorting to other methods established in the civil code of the Russian Federation.
Bank guarantees provided to secure applications and performance of the contract will have to meet the same requirements as guarantees under Law n 44-FZ.
Specify the requirements for the content of the application for participation in the purchase
The law wants to fix the list of information that the customer has the right to request, in particular:
name, address and constituent document — for a legal entity, Full Name, passport data and place of residence-for an individual entrepreneur;
TIN of the purchasing participant, as well as for legal entities — TIN of founders, members of the collegial Executive body, and the person performing the functions of the sole Executive body;
document confirming the authority to act on behalf of the purchasing participant;
Declaration that the participant is an MSP, if such information is not available in the unified MSP register;
documents confirming the participant's compliance with additional requirements, if this information is not publicly available;
Declaration of the participant's compliance with the unified requirements.
Other documents and information will not be required.
There will be fewer opportunities to conduct a non competitive purchase
Limit the volume of non-competitive procedures
The annual volume of non-competitive purchases, other than purchases from a single supplier, will not exceed 10% of the total annual volume of the customer's purchases.
A closed list of cases will be provided for purchases from a single supplier
The project shows 22 cases where the customer can enter into a contract with a single supplier, contractor or performer, for example:
purchase of goods, works or services in an electronic store for up to 100 thousand rubles.;
purchase of goods in an electronic store for up to 300 thousand rubles.;
purchase from a monopolist or Central securities Depository;
purchase of certain goods, works, services due to an accident, other natural or man-made emergencies, force majeure, for emergency medical assistance;
purchase of goods, works, services from institutions and enterprises of the UIS according to the list approved by the government;
provision of services for water and heat supply, water disposal, handling of MSW, gas supply (except for services for the sale of liquefied gas), connection (connection) to the networks of engineering and technical support at regulated prices (tariffs), storage and import (export) of narcotic drugs and psychotropic substances.
When will the amendments start working
The amendments will take effect only 180 days after the law is published. The project is currently undergoing public discussion. It will last until April 8.
Document: Draft of the Federal law from 28.02.2020