The Ministry of Finance proposed to change the rules for participation of MSPS and self-employed in procurement under Law N 223-FZ

8 September 2020, Tuesday

The Ministry of Finance has prepared a draft of changes that relate to purchases only from MSPS (self-employed), as well as purchases with mandatory involvement of subcontractors from among them. For the project, it will be easier for participants to confirm their status, and the contract will be concluded faster after such purchases.

How self-employed and MSPS will confirm their status
It is planned that to confirm the status of a self-employed person when participating in purchases under Law N 223-FZ, there will be enough information on the official website of the Federal tax service (clause "a" of clause 1 of the amendments).

The Ministry of Finance proposed to establish similar rules for MSPS. If the project is approved, they will not have to declare their membership in the SMSP and submit information from the register, as is required now. Confirmation of the status will be the presence of information about such a participant in the unified register of small and medium-sized businesses (item "b" of item 1 of the amendments).

How can the customer check the status of the SMSP and self-employed
In the absence of information on the status of the participant of procurement on the website of the FTS or in the registry participant will be denied admission to the purchase or contract, if the procurement was conducted only for the participants of the SMSP (and equated self-employed) or under the terms of the mandatory subcontracting among SMEs (and equivalent self-employed). However, in the latter case, the customer will not be required to provide such information or supporting documents.

How will the rules for entering into a contract based on the results of purchases made only for MSPS and self-employed people change
The parties will have 20 calendar days instead of 20 working days to conclude the agreement.

You will not be able to refuse to enter into a contract and enter into it with any performer who is not a self-employed person.

The contract payment period will be counted from the date when the customer signs the acceptance document.

Public discussion of the project will last until September 17.

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