The Ministry of Finance explained the nuances of establishing additional requirements for procurement participants under Federal Law No. 44
Representatives of the Ministry in their letter noted that customers, considering the issue of establishing additional requirements for participants in accordance with the decree of the Government of the Russian Federation dated 29.12.2021 N 2571 (hereinafter referred to as Resolution N 2571), should proceed from the formed object of purchase, including taking into account the types of work, services, type of object, as well as the initial (maximum) contract prices. At the same time, the type or scope of the customer's activity does not form the conditions for applying additional requirements to procurement participants. At the same time, the names of the sections, as well as the items specified in the annex to Resolution No. 2571, are formed in relation to the scope of purchased goods, works, services and do not provide for correlation with the types or spheres of activity of the customer.
Recall that additional requirements for procurement participants under Federal Law No. 44, in addition to the uniform requirements provided for in Part 1 of Article 31 of Federal Law No. 44, are established by Resolution No. 2571 in accordance with parts 2 and 2.1 of Article 31 of Federal Law No. 44. If the Government of the Russian Federation establishes additional requirements for procurement participants provided for in Part 2 and Part 2.1 of Article 31 of Federal Law No. 44, customers are required to establish such additional requirements when determining counterparties in the notice or (in closed procurement) in the procurement documentation (part 4, part 5 of Article 31 of Federal Law No. 44).
Document: Letter of the Ministry of Finance of the Russian Federation dated April 14, 2023 N 24-06-09/33774.