The President signed the law on amendments to Law n 44-FZ and deadlines for purchases under Law n 223-FZ
The changes provide for a reduction in the burden of ensuring the execution of the contract, more opportunities to conduct small purchases, uniform rules for the entry into force of amendments to N 44-FZ, and other innovations.
More opportunities to conduct a small purchase.
You can sign a contract with a single supplier according to clause 4 of part 1 of article 93 of the Law N 44-FZ for the amount of up to 600 thousand rubles, and not up to 300 thousand rubles as previously. The annual percentage limit for such purchases has also increased: it was 10% instead of 5% of the SGOZ (clause 5 of article 2 of the law). In monetary terms, the limit remains the same - 50 million rubles.
They will provide less for the obligations under the contract.
The requirement to provide warranty obligations will be the right of the customer, and not a duty, as now (clauses "a", " b " of clause 6 of article 2 of the law).
The customer will be able to set the contract performance security in the amount of 0.5% to 30% of the NMC (clause " b " of clause 6 of article 2 of the law). Currently, the acceptable minimum is 5% of the NMCC.
With Treasury support for payments under a contract, you will not need to set the contract performance security at all. If it is still necessary to provide, its size should be up to 10% of the NMC, and for purchases under paragraph 1 of part 1 of article 30 of the Law N 44-FZ from the contract price.
In case of Treasury support of an advance, the amount of contract security will be considered from the NMCC, reduced by the amount of the advance, and for purchases under clause 1, part 1, article 30 of the Law N 44-FZ from the contract price, reduced by the amount of the advance.
More opportunities to change the contract due to the coronavirus.
In 2020 to change the essential terms of the contract not only in terms of price and contract period, in advance, if it was stipulated in the contract (paragraph 7, article 2 of the law). In contrast to other cases, such a change does not require a decision of a local government body, the government of the Russian Federation, or a region.
Purchasing participants will be checked more carefully.
The Commission will be required to check whether the legal entity was brought to administrative responsibility under article 19.28 of the administrative Code for two years before filing the application (paragraph 2 of article 2 of the law). It's her right now.
Moved to October 1 part of the "summer" innovations.
This will affect the changes that were supposed to work in the summer, namely (paragraph 2 of article 3 of the law):
new procedure for conducting an electronic request for quotations;
start of electronic small purchases. The procedure for conducting them has also been finalized.
Fixed a single term for the entry into force of amendments to Law n 44-FZ, depending on the date of their adoption.
Participants in the contract system will receive a guaranteed period to prepare for innovations in cases where amendments are made to the following parts:
planning;
purchasing methods, including the introduction of new ones;
control, monitoring and audit of purchases.
If the act is adopted before October 1 of the current year, it comes into force on January 1 of the next year. If after-January 1 of the year following the next one (clause 1 of article 2 of the law).
Defined how to count the terms of procurement under Law N 223-FZ
The new law provides for the rules for calculating the timing of purchases under N 223-FZ on days declared non-working in 2020 due to coronavirus (article 4 of the law). By these rules:
terms that under Law N 223-FZ and by-laws are calculated exclusively in working days should be counted in calendar days. These calculations do not need to take into account Saturday and Sunday;
the last day of the term that falls within the specified period should only be postponed if it falls on a Saturday, Sunday, or public holiday.
Previously, the government established similar rules for public procurement in the period from 4 to 30 April 2020.
Entry into force.
Most of the provisions came into force on April 24 (clause 1 of article 5 of the law).
The new rules for securing obligations under the contract will start working on July 1, 2020 (clause 2 of article 5 of the law). By agreement of the parties, they can be extended to purchases announced before this date (clause 4 of article 5 of the law).
From January 1, 2021, the unified rules for the entry into force of amendments to Law n 44-FZ and the provision on the Commission's obligation to check the legal entity more thoroughly (paragraph 3 of article 5 of the law) will come into effect.
Document: Federal law of 24.04.2020 N 124-FZ "on amendments to certain legislative acts of the Russian Federation on ensuring sustainable economic development in the face of a worsening situation due to the spread of a new coronavirus infection".