When public procurement of radio-electronic products, the "second extra" rule applies
On April 20 of this year, the procedure for evaluating applications provided for by the Decree of the Government of the Russian Federation No. 878 of 10.07.2019 (hereinafter referred to as Resolution No. 878) will change. Thus, according to the new version of paragraph 3 of the said resolution, when purchasing radio-electronic products, the customer, as a general rule, rejects all applications containing proposals for the supply of "foreign" radio-electronic products, provided that at least one appropriate application containing a proposal for the supply of "Eurasian" radio-electronic products has been submitted for participation in the purchase. At the same time, starting from the specified date, in the case of the purchase of products specified in paragraphs 5, 7 - 9, 13 (in terms of data storage systems) of the annex to Resolution No. 878 (which will also be set out in a new version), the customer rejects all other applications, provided that at least one "Eurasian" application:
- contains a proposal for the supply of only relevant first-level radio-electronic products;
- does not contain proposals for the supply of other electronic products originating from foreign countries, if the subject of the contract includes other electronic products in addition to the products specified above.
Confirmation of the country of origin of radio-electronic products will be the availability of information about it in the relevant registers. Also, information on the classification of products to the first level will be indicated in these registers.
In addition to the prohibition established by paragraph 8 of Resolution No. 878 to change the country of origin of the supplied products to a country that is not a member of the Eurasian Economic Union during the execution of the contract, it will be prohibited to replace radio-electronic products of the first level with products that do not meet the specified requirement.
Recall that by virtue of Part 3 of art. 14 of Law No. 44 in order to protect the foundations of the constitutional system, to ensure the defense of the country and the security of the state, to protect the internal market of the Russian Federation, to develop the national economy, to support Russian producers, regulatory legal acts of the Government of the Russian Federation establish a ban on the admission of goods originating from foreign countries, works, services, respectively performed, rendered by foreign persons, and restrictions on admission specified goods, works, services, including the minimum mandatory share of purchases of Russian goods, including goods, supplied during the performance of purchased works, the provision of purchased services, and a list of such goods for the purposes of procurement.
Document: Decree of the Government of the Russian Federation of March 27, 2023 N 486