SMSP and the self-employed will participate in purchases differently under the Law N 223-FZ
The government has changed the decree on the specifics of participation in the procurement of MSPS. The amendments relate to purchases only from MSPS (self-employed), as well as purchases with mandatory involvement of subcontractors from among them. We set a new way for participants to confirm their status, and for customers to check it.
To confirm the status of a self-employed person when participating in purchases under Law N 223-FZ, the information on the website of the Federal tax service is sufficient (sub-clause " a " of clause 2 on page 2 of the amendments).
Similar rules are provided for MSPS. You will no longer have to declare your membership in these entities in your applications. The status is confirmed by information about such a participant from the unified SMSP register (item " b " of item 2 on page 3 of the changes).
How can the customer check the participant status
The customer will check whether there is information about the participant on the FTS website or in the register. If they are not available in these resources, the participant will be denied access to the purchase or the conclusion of the contract. These rules apply not only when purchasing among MSPS (and equivalent self-employed people), but also when purchasing with the mandatory involvement of subcontractors from among them. You can not request documents confirming the status (paragraphs " a " – " b " of paragraph 2 on p. 2-3 of the changes).
How have the rules for entering into and paying for a contract based on the results of purchases among MSPS and self-employed people changed?
The parties are given 20 calendar days to conclude the agreement, not 20 working days (paragraph 2 (b) on page 4 of the amendments).
It is necessary to calculate the payment term under the contract from the date of signing the acceptance document by the customer (point " b " of point 2 on page 4 of the changes).
the rules Considered came into force on November 27.
Document: Resolution of the Government of the Russian Federation of 24.11.2020 N 1909