Proposed to extend a number of concessions in public procurement.
Among other things, they plan to change the duration of anti-crisis measures on the right of the customer not to establish security for the performance of the contract and warranty obligations. They also want to introduce a new basis for adjusting contracts with the sole supplier. The draft was adopted in the third reading on October 27. More in the review.
Enforcement of the contract.
Until December 31, 2023, they want to extend the right of customers not to establish a requirement to secure the performance of a contract and warranty obligations (subparagraph "a", paragraph 6, article 1 of the draft). The easing will still not apply if the contract provides for an advance payment and the settlements in terms of the advance payment are not subject to treasury support.
Change of contract due to unforeseen circumstances.
According to the special norm, the parties plan to allow by agreement to change the essential terms of the contract, which was concluded before January 1, 2024, if due to unforeseen circumstances it cannot be performed (subparagraph "b", paragraph 6, article 1 of the draft).
Now, subject to a number of conditions, it is possible to adjust contracts that were concluded before January 1, 2023.
Recall that recently, on this basis, it was allowed to change contracts for federal needs that cannot be fulfilled due to mobilization.
Medical Procurement.
Until December 31, 2023, they want to extend the right of the parties to change, by agreement, the quantity of medicines, medical devices, consumables under the contract within 30% (subparagraph "c", paragraph 6, article 1 of the draft).
Sole supplier.
They plan to establish a special basis for adjusting individual contracts with a single supplier, for example, for mobilization preparation work. The norm will become effective until December 31, 2023 (subparagraph “d”, paragraph 6, article 1 of the draft).
The right of the government and regions to establish additional cases of purchases from the supplier was proposed to be extended until December 31, 2023 inclusive (clauses 1 and 2 of article 3 of the draft).
Postponement of a number of transitional optimization provisions.
Among other things, until October 1, 2023, they plan to extend the rule on the inclusion of some information in the draft contract without the Unified Information System. Among such information, for example, the name of the country of origin of the goods (subparagraph "b" of clause 2, article 2 of the draft).
They also want to shift the terms of the provision on the right of the customer to form a draft contract without this system. They plan that they will be able to use it if the notice is posted in the Unified Information System from October 1, 2023 to April 1, 2024 (subparagraph "c" of clause 2, article 2 of the draft).
Document: Draft Federal Law N 84812-8