Optimization amendments to Law No. 44-FZ passed the third reading
The number of competitive procedures will be reduced to 3: competition, auction, request for quotations (p. 18-19 of the draft). Customers will be able to carry out the latter if the NMCC does not exceed 3 million rubles. The annual volume of purchases in this way should be no more than 20% of the CDF, instead of 50%, as previously proposed. For customers who had less than 500 million rubles last year, the volume of purchases in this way will be 100 million rubles (p. 21 of the project).
The notification will become the main procurement document (p. 59 of the project). Documentation is only needed for closed competitive procedures (p. 161 of the draft).
We have provided additional mechanisms for deoffshorization. Thus, an offshore company still cannot become a participant in the purchase. The draft clarified that the applicant for the contract should not also have such a company, in particular, as part of the participants (members) of a corporate legal entity or the founders of a unitary legal entity (p. 43-44 of the draft).
Bank guarantees will be replaced by independent ones. According to the project, there are more organizations-guarantors. The list includes the European Development Bank (p. 104 of the project). The customer will accept its guarantees if the purchasing participant:
legal entity with registration in the territory of the EAEU (except the Russian Federation);
an individual is a citizen of the EAEU state (except the Russian Federation).
The amendments will enter into force in stages. There are also transitional provisions. The main innovations should start working on January 1 (p. 300 of the project).
Document: Draft Federal Law No. 1100997-7