Should the customer who has not fulfilled the procurement norm from small and medium-sized businesses use the Catalog of Goods, works, and services to meet state and municipal needs when conducting purchases under Federal Law No. 44?
According to the experts of the Ministry of Finance of the Russian Federation, the customers specified in Part 8.1 of Article 3 of Federal Law No. 223, the provisions of Article 23 of Federal Law No. 44 and the Decree of the Government of the Russian Federation dated 08.02.2017 No. 145 "On approval of the Rules for the formation and maintenance in the unified information system in the field of procurement of a catalog of goods, works, services to ensure state and Municipal the requirements and Rules for the use of the catalog of goods, works, services for state and municipal needs" are not guided. Accordingly, these customers have no obligation to use the catalog of goods, works, services to meet state and municipal needs in order to describe the object of purchase.
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 in the field of procurement,
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.
At the same time, by virtue of part 7 of Article 15 of Federal Law No. 44, a number of provisions of Federal Law No. 44, including the provisions of articles, do not apply to these customers 14, 23, 28, 29, 34, 35 Federal Law No. 44.
Document: Letter of the Ministry of Finance of the Russian Federation dated April 7, 2023 N 24-01-09/31369