Amendments on quotas for domestic goods and other changes in procurement already in the Federation Council
Amendments to Laws No. 44-ФЗ and 223-ФЗ concern the fulfillment of the mandatory share of purchases of domestic goods, including those supplied when performing work, rendering services. In addition, the texts of the documents were supplemented with new provisions.
Quotas for domestic goods
The government will establish, in particular, the size of the minimum share, the list of Russian products and the specifics of determining the NMCC in accordance with Law No. 44-FZ. The rules for observing the minimum share, which had been proposed earlier, were revised.
When you do not need to comply with the minimum share
The revised amendments have identified cases when the provisions on the national regime, including the minimum share, will not be applied. These include, for example, purchases to meet the needs of the Russian foreign intelligence service by means of intelligence activities.
Customers who operate on the territory of a foreign state, when purchasing in this territory, also have the right not to comply with the minimum share.
How to describe a procurement object
Customers will be obliged to indicate the characteristics of Russian goods, including those contained in the KTRU.
How to create a report
If the minimum share is established, then by the end of the year the customer will draw up the following documents:
a report on the volume of purchases of Russian goods;
justification of the impossibility to comply with the minimum share, if it is not achieved.
Their content and form will be determined by the government.
The documents will need to be placed in the EIS before April 1 of the year following the reporting year.
If information about the procurement is not subject to placement in the system, the report and justification must be sent to the federal executive body authorized by the government, which is responsible for assessing the customer's fulfillment of the minimum share.
Perhaps, there will be other cases of procurement when reporting documents in the EIS do not need to be placed.
For customers under Law N 223-FZ, the government will also determine the size of the minimum share. The reporting provisions in the new version of the draft law have not been established.
What else will change in procurement
Will establish the specifics of the tender for the state purchase of construction works
Until January 1, 2024, the specifics of holding an open tender in electronic form for the purchase of construction, reconstruction, overhaul, and demolition of capital construction projects will be established.
They will act for procurement with project documentation. We will analyze these features in detail in the near future.
As a reminder, from September 1, 2020, construction purchases will be excluded from the mandatory auction list. From that date, customers will be able to conduct them both through an auction and through a competition.
Features are also slated to start working on September 1, 2020.
Entry into force of the block of previously adopted amendments to Law No. 44-FZ will be postponed to a later date
We are talking about a number of amendments that should enter into force on October 1, 2020. For example, they relate to the new rules for the electronic request for quotations, as well as electronic small purchases. The beginning of their action will be postponed until April 1, 2021.
Interaction with the ENI regarding electronic small purchases will be established by October 1, 2021.
Determine the information that needs to be specified when concluding an agreement under Law N 223-FZ
The contract will need to include information about the country of origin of the goods. Information will also need to be specified in relation to the goods supplied during the performance of work, the provision of services.
These changes will take effect 30 days after the day they are posted. They will not apply to purchases announced prior to the effective date of the changes.
Documents: Draft Federal Law N 969960-7
Draft Federal Law N 970027-7