Public procurement: large-scale amendments made to the state Duma
In connection with the coronavirus pandemic, the state Duma has made amendments that will allow urgently adjusting the rules for business inspections, introducing a moratorium on bankruptcy, and establishing easing in the field of licensing. There are changes for public procurement, tourism and medicine. Read more about this in our review.
Any goods, works, or services can be purchased from a single supplier according to clause 9, part 1, article 93 of the Law N 44-FZ. You will not need to take into account their presence in the government's list. To the list of reasons for such a purchase, the introduction of a high-alert mode for emergency prevention will be added (item 3. article 7 of the project).
Penalties accrued in 2020 will need to be written off in the same manner as penalties for 2015 and 2016.
For contracts with SMP and SONKO, the state customer will be able to avoid setting a requirement for contract enforcement until the end of the year. The exception will be cases when the contract provides for an advance payment.
In 2020, the parties to the state contract by mutual consent will be able to change the term of its execution and (or) its price (the price of a unit of goods, work, or service), if the previous conditions of the state contract cannot be fulfilled due to independent circumstances. We are talking about those that arose, for example, because of the coronavirus. For such a contract change, the supplier will need to provide security for its performance, and the state customer will need to prepare a written justification. If the execution of the contract was secured by money, the parties will be able to agree on a new term for their return. All changes must be made taking into account the LBO.
The government will be given the right until December 31, 2020 inclusive to establish new grounds for purchasing from a single supplier and determine the procedure for such purchases (article 8 of the draft).