The Ministry of Finance clarified the issues of the application of KTRU in public procurement and the coordination of public procurement with the supplier
Features of negotiating a contract with a single supplier
An unscheduled check is mandatory when negotiating a contract with a single supplier
The control body conducts an unscheduled inspection in response to the customer's request to agree on the conclusion of a contract with a single supplier. Based on its results, the controllers decide whether it is possible to conclude such a contract. Refusal can only be based on the results of an unscheduled inspection.
Thus, from July 1, 2020, the control body must carry out an unscheduled check under clause 4 of part 15 of Art. 99 of Law N 44-FZ, since without it it is impossible to agree on the conclusion of a contract with a single supplier.
Where to find information about the results of an unscheduled inspection
The control body places information on an unscheduled check and its results in the EIS and (or) the register of complaints, scheduled and unscheduled checks, decisions made on them and issued orders, submissions. From July 1, 2021, the register will also need to indicate the result of considering the customer's request to agree on the conclusion of a contract with a single supplier. Until this date, information on the results of the unscheduled inspection is placed in the register of complaints without indicating the result of consideration of the customer's appeal.
Do I need to negotiate a contract with a single supplier if a joint auction or tender has not taken place
If a joint auction or tender has not taken place, each customer independently decides whether to conclude a contract with a single supplier. It is necessary to coordinate the conclusion of such a contract with the control body if the price of an individual contract exceeds the maximum amount.
Features of KTRU application
What to do if there is no description of goods, works and services in the KTRU position
According to the rules for the use of KTRU, when purchasing, the customer must use all the information included in the catalog item, including in the part of the description of goods, work, services. If there is no such description in the item, the customer uses the catalog item, but sets the requirements for the characteristics of the product, work, service independently.
How to use the KTRU reference information
This refers to the information in the Reference section of the General Information tab. For example, for medical devices, a code, the name of the type of medical device, and the classification signs of medical devices may be indicated there. The Ministry of Finance clarified: reference information is not considered a description of the goods under Law N 44-FZ. The customer is not obliged to use it.
Does the use of KTRU when purchasing REP depend on whether admission restrictions are set
From July 1, when purchasing a REP from the list approved by Decree of the Government of the Russian Federation of July 10, 2019 N 878, additional characteristics not provided for by the KTRU cannot be used in the description of the procurement object. The Ministry of Finance clarified: this rule is valid for all items from the list, regardless of whether there are restrictions on the admission of a foreign REP under the said resolution. The agency reported that in the future, the list of additional characteristics for the REP positions specified in the KTRU can be expanded.
Document: Letter of the Ministry of Finance of Russia dated 25.08.2020 N 24-06-05 / 74463