Banning foreign goods: what mistakes were made by participants and government customers in may-June 2020
On may 1, updated bans on the admission of foreign goods to public procurement came into force. How to apply exceptions, whether supporting documents are needed in the application, when the register of Russian products started working — these questions arose from participants and customers. Let's analyze the main errors using practical examples.
What is considered an exception when applying the ban on the admission of foreign goods
One of the grounds for non-application of the ban is established by clause " b " of clause 3 of the Decree of the Government of the Russian Federation of 30.04.2020 N 616. It can be used if one of the conditions is met:
-one unit of goods is purchased with a cost of no more than 100 thousand rubles.
-a set of such goods is purchased and their total cost is less than 1 million rubles. (except for purchases of goods specified in items 1-7, 124, and 125 of the list).
In practice, these conditions have become difficult to apply.
Thus, the bid of the auction participant for the supply of fabrics was rejected due to the lack of documents confirming compliance with the ban on the supply of foreign goods. The participant complained to the control authority. He considered that in this case bans under item 3 of the Resolution N 616 do not apply and it is necessary to establish restrictions under the Resolution N 617. Orenburg UFAS did not agree with the participant. The object of purchase has the code OKPD2 13.2 "textile Fabrics", which corresponds to item 1 of the list, i.e. it is necessary to apply the ban under Decree N 616. The control body also noted that this code is not specified in the Resolution N 617, therefore, the restrictions do not apply to the purchase of these goods.
Another participant considered that the purchase was an exception because the unit price of the purchased goods was less than 100,000 rubles. Arkhangelsk UFAS concluded that the bans should be applied: the NMC was more than 1 million rubles.
Errors are also possible when creating documentation.
The customer mistakenly placed a ban on the supply of foreign goods when purchasing a snowplow. The unit price of the product was less than 100 thousand rubles, only 1 piece was purchased. This means that the purchase belongs to exceptions where the ban does not need to be set. The Altai Republican UFAS recognized this as a violation.
In another case, the customer combined the following in the purchase:
- a product that does not need to be banned under sub-clause "b" of clause 3 of the Decree N 616;
-the goods in respect of which the prohibition is valid (it belongs to the exceptions in this paragraph).
This was also considered a violation.
Do I need documents confirming the country of origin of the product in the application
Additional requirements apply for purchases of goods specified in clauses 1-7, 124, and 125 of the list from Resolution N 616. Participants are required to use materials or semi-finished products from the EEU member States. The participant submits documents confirming the country of origin of the materials at the stage of contract execution.
Thus for all items from the list in the order you need to submit an extract from the registry of Russian industrial products or the register of Eurasian industrial production numbers, registry records and (or) information on the number of points for performing technological operations (conditions) on the territory of the Russian Federation if this is stipulated in the Decree No. 719.
When participating in purchases of goods specified in the above items, participants often make mistakes. They believe that all supporting documents should be submitted when performing the contract. However, this rule only applies to documents confirming the country of origin of materials or semi-finished products.
So, the participant of the auction for the supply of outerwear considered that his application was wrongfully rejected due to the lack of an extract from the register. The object of purchase belonged to the OKPD2 14.1 code "Clothing other than fur clothing", which corresponds to item 3 of the list. Irkutsk UFAS found the complaint unfounded. An extract from the register confirming the country of origin of the goods had to be submitted. A similar decision was made by the Kemerovo UFAS.
Recall that the Ministry of industry and trade has previously expressed a similar position.
From what date can I use the register of Russian products
The register of Russian products appeared on the GISP website almost a month before the procedure for its use was published. In this regard, many participants did not understand whether this register could be used as a guide. On June 2, the Ministry of industry and trade reported on the possibility of using the register to obtain an extract. The control authorities count down the beginning of its operation of the register from this date.
Thus, the Krasnoyarsk FAS recognized that the rejection of the participant's application was unlawful due to the absence of an extract from the register, since the register had not yet been published as of the end date of filing the application (June 1). A similar decision was made by the Ryazan UFAS.
In a situation when the filing of applications was completed on June 18 and the application did not contain an extract from the register, the Pskov FAS recognized its rejection as legitimate.