Clarified a number of government acts in procurement under Laws N 44 and 223.
In public procurement, they changed the procedure for evaluating applications according to the "price" criterion, expanded the cases of applying additional requirements to participants, etc. In procurement under Law N 223, they adjusted, in particular, the rules for maintaining the register of contracts. Innovations will come into force on November 16, except for some provisions. More details in the review.
Law N 44
Evaluation order.
Another formula was introduced to evaluate bids by the "price" criterion. It will be applied if, following the results of comparing another price offer with the best one, the result of the calculation becomes negative (paragraph 6 subparagraph "b" of paragraph 19 on page 28 of the amendments).
Also, the procedure for evaluating applications for the purchase of security services was clarified. Peculiarities of the assessment will be applied when purchasing security services not only for educational and scientific organizations, but also for other objects (subparagraph "e" of paragraph 19 on page 29 of the amendments).
Additional requirements.
Separate items of additional requirements include several types of experience. For example, such positions include work on the overhaul of a capital construction facility (except for a linear one). It was clarified that in such cases it is enough for the participant to have at least one of them (paragraph 10, subparagraph "a" of paragraph 18 on page 19-20 of the amendments).
Expanded the cases when additional requirements are set. They will be used, for example, in procurement (paragraph 44, subparagraph "c" of paragraph 18 on page 24 of the amendments):
- work related to the regular transportation of passengers and baggage, with an initial maximum contract price of more than 20 million rubles;
- real estate appraisal services, with an initial maximum contract price above 500 thousand rubles.
Standard terms of contracts for attracting small businesses and socially oriented non-profit organizations as co-executors.
The provision of standard conditions on the term of payment for goods, works, services of a co-executor or subcontractor was clarified. This period was reduced from 15 to 7 working days from the date of signing by the supplier, contractor, contractor of the acceptance document (clause 7 on page 9 of the amendments).
Single trade aggregator "Beryozka".
The obligation to make purchases through the aggregator was canceled (subparagraph "b" of clause 9 on page 10 of the amendments):
- for the Russian Guard and subordinate federal state institutions;
- The Federal Security Service of Russia and its subordinate federal state institutions.
Catalog of goods, works, services.
In the rules for using the catalog of goods, works, services, they specified the norm according to which it is impossible to use additional characteristics outside the catalog if foreign radio electronics are purchased with a ban on admission. The numbers of paragraphs from this regulation were brought into line with the numbers from the list of imported goods with a ban (subparagraph "a" of paragraph 8 on page 9 of the amendments).
It should be noted that often customers, due to such a discrepancy, described the object of purchase not according to the catalog. This was noticed, in particular, by the Novgorod Office of the Federal Antimonopoly Service.
Law N 223
Register of contracts.
If in competitive electronic procurement among small and medium-sized businesses a requirement was established to ensure the execution of a contract, then the register will include, in particular, the following data:
- on the method and amount of security (paragraphs 5 and 6, subparagraph "b" of paragraph 4 on page 7 of the amendments);
- termination of the obligations of the counterparty under an independent guarantee, indicating the date, if the security was provided in such a form (paragraph 12, subparagraph "b", paragraph 4 on page 7 of the amendments).
These provisions apply from April 1, 2023 (subparagraph "a" of paragraph 4 on page 6 of the amendments).
The procedure for placing a provision on procurement.
The maximum term for payment of contracts under Law N 223 is no more than 7 working days from the date of acceptance. If necessary, a list of goods, works, services with a different term can be established in the procurement regulation.
In order to place the procurement provision, it was clarified that such a list should be formed according to the All-Russian Classifier of Products by Types of Economic Activity 2, indicating, among other things, sections, classes, categories of goods, works, services. A different period can be indicated in working or calendar days or in the form of the procedure for determining them (paragraph 28, subparagraph "c", paragraph 1 on page 3-4 of the amendments).
Document: Decree of the Government of the Russian Federation of October 31, 2022 N 1946. The beginning of the document - 11/16/2022 (with the exception of certain provisions).