It will become easier to conduct competitive public procurement and execute contracts: review of the optimization project
A draft amendment to Law No. 44-FZ has been submitted to the State Duma. It is planned to reduce the number of competitive procurement methods, establish their features, identify new cases of procurement from the supplier, and adjust the order of contract execution. Let's consider the main provisions of the project.
Competitive ways
Such methods will be (p. 21 of the project):
competition (closed, electronic open and closed);
auction (electronic, closed, closed electronic);
electronic request for quotations.
Features of competitive procurement
Request for quotations
The innovations will affect, in particular, the electronic request for quotations. So, it will be possible to conduct it if the NMCC does not exceed 3 million rubles. The annual volume of purchases by this method should not exceed 50% of the CDF (p. 23-24 of the project). In some cases, these restrictions can be ignored (p. 24-26).
In addition, with this method of procurement, it is necessary to require the application to be secured if the NMC exceeds 1 million rubles (p. 96 of the project). Currently, such a duty is established only in relation to tenders and auctions.
Universal prequalification of the participants
If any competitive procurement is carried out with the NMCC from 20 million rubles, the customer will require the participant to have successful experience in executing the contract under Law No. 44-FZ or the contract under Law No. 223-FZ. Its price must be at least 20% of the NMCC. The subject of the purchase does not matter. This provision is valid if additional requirements were not applied to the participants of the purchase (special qualification) (p. 47 of the draft).
Guarantees
Bank guarantees will be replaced by independent ones. For example, regional guarantee organizations will be able to provide them (p. 111 of the project). Such organizations or banks must meet their obligations under the guarantees, even if they are excluded from the relevant lists. In addition, they will not be released from liability for non-fulfillment of the terms of the issued guarantees (p. 116 of the draft).
Notice of purchase
Major changes:
the notification will become the main procurement document;
documentation is not required for procurement by open competitive electronic means. It will be required only in closed competitive procedures (p. 182 of the draft);
all information is included in the notification in the EIS. The list of information was corrected (p. 63-70 of the draft);
they will fix the concept of the contract execution stage (p. 6 of the project);
electronic documents are attached to the notification (p. 70-72 of the project);
the deadline for posting the notice will be reduced (p. 72 of the draft). So, you will need to announce an electronic request for quotations at least 4 working days before the deadline for submitting applications (now-5 working days) (p. 73 of the draft);
you can change the notification of any purchase 1 business day before the deadline for submitting applications;
there will be a general deadline for canceling open and closed e-purchases. It can be done no later than 1 business day prior to the date of deadline for submission of applications (p. 57 of the project). Now the term depends on the method.
Application for participation in the purchase
The requirements for the application for participation in competitive procurement will be the same. We have determined an exhaustive list of information and documents for the application (p. 75-85 of the draft).
Procedural deadlines
Some deadlines will be reduced. For example, an application for participation in an electronic auction is not divided into parts (p. 139 of the draft), and it will be considered no later than 2 working days from the day following the deadline for submitting applications (p. 146 of the draft).
In addition, the deadline for concluding a contract based on the results of an electronic request for quotations will be reduced. The customer will send the contract to the winner within 3 hours from the moment of posting the final protocol. It will take 1 working day to sign it and deposit the security (p. 160 and 161, 166 of the draft). At the same time, you can not perform certain actions, for example, post a protocol of disagreements (p.161 and 167 of the draft).
Preferences when entering into a contract with an organization of persons with disabilities or an institution (enterprise) UIS
The lists of goods (works, services) that provide advantages in the procurement of which will continue to be used (p.44 and 45 of the draft).
When entering into a contract with the specified organizations or institutions (enterprises), it is necessary to increase the price offered by them, the price per unit of goods (work, services) by 15%, but not more than to the size of the NMCC (NCE) (p. 43 and 44 of the draft). Now this value may be less than 15% (Part 2 of Article 28 and Part 3 of Article 29 of Law No. 44-FZ).
In addition, it will be prohibited to purchase goods (works, services) from the list and goods (works, services) that are not included in it within the same purchase (p.44 and 45 of the draft).
Purchases from the supplier
There will be more such purchases. In particular, regional customers will be able to purchase construction work from a single supplier by the decision of the supreme executive body of the state power of the subject of the Russian Federation. The annual volume of such purchases should not exceed 3% of the budget of the subject of the Russian Federation. This procedure can be carried out to prevent emergencies and accidents (p. 242 of the project).
We reviewed the cases when the contract will need to justify its price. The list was supplemented, in particular, with purchases of teaching services and guide services from individuals (p. 243 of the project).
The performance of the contract
Major changes:
when executing a contract based on the results of electronic procedures (closed electronic procedures), it will be necessary to form and sign acceptance documents in electronic form, with the exception of some cases (p.246 of the draft). This feature is already implemented in the EIS. So far, this is a right, not an obligation of the parties;
It will be possible to adjust the terms of the contract under clauses "a" — "b" of clause 1, Part 1, Article 93 of Law No. 44-FZ, regardless of whether they are included in the documentation or the contract (p. 252 of the draft);
the procedure for unilateral refusal to execute a contract based on the results of electronic, closed electronic procedures is translated into electronic form (p. 257 and 265 of the draft). So, it is enough for the customer to place their solution in the EIS. It will automatically be sent to the performer within an hour. It is not necessary to inform him about this, for example, by mail. The receipt of the decision to the contractor will be a proper notification (p. 257 and 258 of the draft);
the contractor will have 3 days to appeal the decision to the supervisory authority (p. 260 of the draft). The period of entry into force of such a decision has been increased from 10 calendar days to 15 (p.261 of the draft).
Entry into force
It is planned that the amendments will enter into force in stages. Transitional provisions are also provided for (p. 302, 309-318 of the draft). The first innovations should start working on April 1, 2021 (p. 309 of the project).
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