The Treasury told about the specifics of procurement under Federal Law No. 44 by customers who did not fulfill the procurement norm from small and medium-sized businesses
In a letter prepared by specialists of the Treasury of Russia, in particular, it is explained that if the customer has not posted a procurement regulation or if a negative conclusion has been issued in relation to the annual procurement report from small and medium-sized businesses, the sign of an unplaced procurement regulation is automatically established in the unified procurement information system. At the same time, the relevant customers place procurement notices in the personal account of the user who is guided by the provisions of Federal Law No. 44 (hereinafter referred to as the personal account of Federal Law No. 44). In the personal account of Federal Law 44, customers can only use the methods of determining the counterparty provided for by Federal Law No. 44. Contracts concluded based on the results of purchases are entered into the register of contracts in the personal account of the user guided by the provisions of Federal Law No. 223 (hereinafter referred to as the personal account of the user of Federal Law No. 223).
Procurement reports continue to be provided in accordance with Federal Law No. 223 in the personal account of the user of Federal Law No. 223.
Customers who have not fulfilled the procurement norm from small and medium-sized businesses must obtain registration in the personal account of Federal Law No. 44 with the authority "Customer under Federal Law No. 223, who purchases in accordance with Federal Law No. 44-FZ, in cases provided for by Federal Law No. 223". If technical difficulties arise during registration and (or) planning, procurement, placement of information in the register of contracts, it is necessary to form an appropriate appeal to the technical support service of the Unified Information System in the field of procurement with a description of the error that occurred.
Recall that according to Part 8.1 of Article 3 of Federal Law No. 223, in case of violation by the customer of obligations related to procurement from small and medium-sized businesses, namely:
- failure to fulfill the obligation to make purchases from small and medium-sized businesses within a calendar year in the amount established by the Government of the Russian Federation in accordance with paragraph 2 of Part 8 of Article 3 of Federal Law No. 223, or
- placement of false information about the annual volume of purchases from small and medium-sized businesses included in the report provided for in part 21 of Article 4 of Federal Law No. 223, or
- non-placement of the specified report in the Unified Information System,
the provision on the purchase of such a customer from February 1 of the next year until the end of such a year is recognized as unplaced in accordance with the requirements of Federal Law No. 223. In this case, the customer is guided by the provisions of Federal Law No. 44 during the purchase within the limits specified in Part 8.1 of Article 3 of Federal Law No. 223.
Document: Letter of the Federal Treasury dated March 7, 2023 N 07-04-14/14-386