The state Duma adopted a law on simplification of public procurement procedures for enterprises
The state Duma adopted in the second and third readings a law that simplifies the procedure for public procurement for enterprises and facilitates access to public procurement for legal entities due to the need to reduce the burden on business during a difficult economic situation.
The document was issued as amendments to the second reading of the draft law on closing data on state defense orders.
Fundamentals
The law provides for an increase from 300 thousand to 600 thousand rubles of the maximum amount of purchases that the customer is entitled to make from a single supplier, and also establishes that the annual volume of purchases that the customer is entitled to make from a single supplier should not exceed 10% of the total annual volume of purchases of the customer (currently the limit is 5%).
It is provided that the establishment of a requirement to ensure warranty obligations in the notice of purchase and draft contract, invitation to participate in the determination of the supplier in a closed way is not an obligation, but the right of the customer. This rule will come into force on July 1, 2020. At the same time, the amount of security for warranty obligations cannot exceed 10% of the initial (maximum) contract price. Changing the size of enforcement of the contract — in the General case they are mounted in size from ½ percent to 30% of the initial (maximum) contract price, and if the contract stipulates an advance payment, not less than the amount of the advance.
Settlements under the contract in the part of advance payment are subject to Treasury support in the amount of the initial (maximum) contract price reduced by the amount of such advance.
The customer has the right not to establish a requirement to secure the performance of the contract, if the payments under the contract are subject to Treasury support. In this case, if the customer establishes a requirement to secure the performance of the contract, the amount of such security is set at up to 10% of the initial (maximum) price of the contract. If the price or the sum of prices of units of goods, work, or services offered in the bid of the bidder is reduced by 25% or more in relation to the initial (maximum) price of the contract, the bidder with whom the contract is concluded provides security for the performance of the contract, taking into account the provisions of anti-dumping measures during the tender and auction.
In 2020, by agreement of the parties change the size of the advance (if the contract stipulates an advance payment) if the performance of the contract in connection with the spread of the new coronavirus infection, and in other cases established by the Russian government, arose independent of the parties to the contract of the circumstances giving rise to the impossibility of its fulfillment.
The law changes the procedure for public procurement in connection with the establishment of non-working days on the territory of the Russian Federation in 2020 due to the spread of a new coronavirus infection. During such non-working days, the terms provided for by the law "on procurement of goods, works, services by certain types of legal entities" and normative legal acts adopted in accordance with it, calculated in working days, are counted in calendar days, while Saturday and Sunday are not counted. If the last day of a period calculated in accordance with this law, is a non-business day, the period shall expire on such day, except, if the last day of the period falls on a Saturday, Sunday or public holiday (if the day of the period shall expire the next following day that is not a Saturday, Sunday or a holiday).