What are the features of the construction tenders will be valid from September 1 according to Law N 44-FZ

29 July 2020, Wednesday

From September 1, construction purchases are excluded from the mandatory auction list. From that date, customers will be able to conduct them both through an auction and through a competition. Amendments on the specifics of the construction tender have already been approved by the Federation Council.

When and what nuances need to be considered

For the procurement of construction, reconstruction, overhaul, demolition of capital construction objects through an open tender in electronic form, special features are provided.

They will act in relation to procurement with project documentation.

Documenting

So, the following information will not need to be indicated in the notice and documentation on the tender:

- on the date and time of consideration and evaluation of the first and second parts of applications;

- the date of submission by the participants of the final proposals for the price of the contract. There is no procedure for sending such proposals.

Also, the procurement documentation does not need to demand from the participants a proposal on the quality, functional and environmental characteristics of the procurement object. In the first part of the application, it will be enough to give only consent to perform the work.

Procedural points

After the deadline for submission of applications, no later than the next working day, the customer will receive from the operator of the electronic platform at the same time:

- first and second parts of applications;

- proposals for the price of the contract;

- documents under Part 11 of Art. 24.1 of Law No. 44-FZ.

There is no need to draw up a protocol of consideration and evaluation of the first parts of applications.

Within 5 working days from the date of receipt of documents and information, the customer's commission will perform the following actions:

- will consider and evaluate applications;

- formalize the results of the consideration of the second parts in the protocol and place it in the EIS. In the same protocol, if necessary, it is necessary to reflect information on the recognition of the purchase as invalid;

- draw up the final protocol and place it in the EIS.

The purchase is considered invalid if:

- not a single application has been submitted;

- all applications were rejected.

In this case, the customer, if necessary, makes changes to the schedule and can repeat the purchase.

When and for how long will the new rules be in effect?

The innovations will start working on September 1, 2020 and will be valid until January 1, 2024.

Document: Draft Federal Law N 969960-7

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