What else is proposed to change in procurement under Law n 223-FZ
The Antimonopoly service has prepared a draft of the next amendments that will significantly Supplement the Law N 223-FZ.
Participants with a good reputation want to give benefits for securing the application and ensuring the execution of the contract
For participants with a high business reputation rating, the amount of collateral for the application and contract execution may be reduced. To determine the rating, the following factors will be taken into account:
experience of a purchasing participant based on information from the unified register of purchasing participants;
UIS data on the execution of contracts under Law n 223-FZ and state contracts.
They want to clarify the content of the Protocol for reviewing and evaluating applications
The Protocol suggests specifying, in particular, information about accepted and rejected applications, as well as the reasons for their rejection.
They suggest fixing the procedure for concluding and executing contracts
The amendments set out exactly what the draft agreement should contain and when to conclude the agreement. So, 5 days will be given to the customer to place the draft agreement in the EIS, and to the participant-to sign and place the agreement or to prepare a Protocol of disagreements. You can only post the Protocol once.
The amendments define measures for the performance of the contract and the obligations of the parties. The customer and supplier will exchange information about the execution, modification and termination of the agreement via the EIS.
It will be possible to change the essential terms of the agreement in the course of its execution only in cases stipulated by Law n 44-FZ.
The government will establish additional procurement rules under Law n 223-FZ
In the future, the government may establish:
additional requirements for participants in purchases of certain types of goods, works and services;
the procedure for evaluating applications and final proposals, including the maximum values of the significance of each criterion;
rules for determining the amount of the fine for improper performance or non-performance of obligations under the agreement;
the procedure for justifying the NMC.
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