Quotas for domestic goods and other important changes in procurement: laws published
Quotas for domestic goods and other important changes in procurement: laws published
From August 11, part of the amendments to Laws n n 44-FZ and 223-FZ will come into force. They relate, in particular, to the implementation of the mandatory share of purchases of domestic goods, including those supplied during the performance of works and services.
Quotas for domestic products
The government will establish, in particular, the size of the minimum share, the list of Russian products and the specifics of determining the NMC under Law n 44-FZ.
When you do not need to observe the minimum share
We have identified cases when the provisions on the national regime, including the minimum share, will not be applied. For example, they include purchases to meet the needs of foreign intelligence of the Russian Federation by means of intelligence activities.
Customers who operate on the territory of a foreign country, when purchasing on this territory, also have the right not to comply with the minimum share.
How to describe the purchase object
When describing the object of purchase, customers will be required to specify the characteristics of Russian products, including those contained in the KTRU.
How to create a report
At the end of the year, the customer will draw up the following documents:
-report on the volume of purchases of Russian goods;
- justification of the inability to meet the minimum share, if it is not achieved.
Their content and form will be determined by the government.
Documents will need to be placed in the EIS before April 1 of the year following the reporting year.
If information about the purchase is not available in the system, the report and justification will need to be sent to the Federal Executive authority authorized by the government, which is responsible for evaluating the customer's compliance with the minimum share.
It may also provide for other cases of purchases when reporting documents do not need to be placed in the EIS.
For customers under the Law N 223-FZ, the government will also determine the size of the minimum share. There are no reporting provisions.
The changes will take effect on August 11.
What else changes in purchases
It will be necessary to hold a tender for public procurement of construction works taking into account the following features
We have established the specifics of conducting an open competition in electronic form for the purchase of construction, reconstruction, capital repairs, and demolition of capital construction projects. They will be valid for purchases with project documentation. Read more about the features in our review.
The innovations will start working from September 1, 2020 and will be valid until January 1, 2024.
Recall that from September 1, 2020, construction purchases are excluded from the mandatory auction list. From this date, customers will be able to conduct them both through an auction and through a competition.
The entry into force of previously adopted amendments to Law n 44-FZ was postponed
We are talking about a number of amendments that were supposed to enter into force on October 1, 2020. Some of them relate to the new rules for electronic request for quotations and electronic small purchases. The start of the changes has been postponed until April 1, 2021.
In addition, interaction with the EIS regarding electronic small purchases will be provided by October 1, 2021.
Defined the information that will need to be specified when entering into a contract under Law N 223-FZ
The contract will need to include information about the country of origin of the product. You will also need to provide information about the goods that are delivered when performing work or providing services.
These changes will take effect on August 31, 2020. They will not apply to purchases announced before the effective date of the amendments.
Documents:
Federal law of 31.07.2020 N 249-FZ
Federal law of 31.07.2020 N 250-FZ