The Ministry of industry and trade explained how to apply the new rules of the national mode in public procurement
On may 1, updated bans and restrictions on the admission of foreign goods to public procurement came into force. However, in practice, there are questions about their application. The Ministry of industry and trade explained in which cases the ban on the admission of foreign goods does not apply to purchases and how to apply the "third extra"mechanism.
In which cases the ban on the admission of foreign goods does not apply
Subparagraph " b " of paragraph 3 of the Decree of the Government of the Russian Federation of 30.04.2020 N 616 establishes one of the grounds for non-application of the ban on the admission of foreign goods to purchases. It can be used if one of the conditions is met:
-the purchase includes one unit of goods, the cost of which does not exceed 100 thousand rubles;
-the purchase includes a set of such goods, the total cost of which is less than 1 million rubles (with the exception of purchases of goods specified in items 1-7, 124 and 125 of the list).
The Agency explained that the aggregate of goods in this case should be understood as those goods that correspond to a single code for OKPD2. In other words, when purchasing a set of products, the ban does not need to be applied if the following conditions are met:
-products belong to the same OKPD2 code;
- The NMC is less than 1 million rubles.
-the unit cost of each product does not exceed 100 thousand rubles.
If the subject of the contract consists of goods from the list that belong to different codes under OKPD2, the option not to apply the ban on this basis is set for each product separately.
How to apply the "third extra" mechanism in the case of restrictions on the purchase of foreign goods
A participant can expect to be exempt from restrictions if one of the following conditions is met:
-the product is included in the register of Russian industrial products;
-the product has a ST-1 certificate issued by an authorized body (organization) of a member state of the EurAsEC (except for Russia).
The Ministry of industry and trade noted: for the application of restrictions under the decree Of the Government of the Russian Federation from 30.04.2020 N 617, these conditions are equivalent.
The participant confirms that the product meets the restrictions as follows:
- provides information in the application about the inclusion of the product in the register of Russian industrial products and agrees to the provision of an extract from the register at the stage of execution of the contract;
- agrees to the provision of a copy of the CT-1 certificate at the stage of contract execution.
Thus, the "third extra" mechanism should be applied to Russian products on the basis of information about the presence of goods in the register of Russian industrial products, and for products produced on the territory of the member States of the Eurasian economic Union — on the basis of the Declaration by the participant of the presence of the CT — 1 certificate.
Document: Letter of the Ministry of industry and trade of 08.07.2020 N 47475/12