The rules of approval by the control body of the possibility of concluding a contract with a single counterparty update
The Ministry of Finance of the Russian Federation plans to bring into compliance with the current version of Part 8 of Article 93 of Federal Law No. 44, paragraph 11 of the Rules for Approval by the control body in the Field of Procurement of Goods, Works, Services for State and Municipal Needs of concluding a contract with a single supplier (contractor, contractor) approved by the Decree of the Government of the Russian Federation dated 30.06.2020 No. 961. Thus, according to the new version of this paragraph, the period for conducting an unscheduled inspection on the issue of approving the conclusion of a contract with a single counterparty in case of recognition of a tender or auction as invalid will be limited to 8 working days.
Recall that when recognizing a failed competitive procedure for determining a counterparty, the customer in some cases has the right or is obliged to conclude a contract with a single counterparty on the basis of paragraphs 24, 25 of Part 1 of Article 93 of Federal Law No. 44. In these cases, the contract is concluded in accordance with the requirements of Part 5 of Article 93 of Federal Law No. 44, by virtue of paragraph 4 of which a contract with a single counterparty is concluded in agreement with the control authority in the field of procurement.
We add that the current version of Part 8 of Article 93 of Federal Law No. 44 has been in effect since May 9, 2023 (Federal Law No. 154 of 04/28/2023).
Document: Draft Decree of the Government of the Russian Federation (prepared by the Ministry of Finance on 13.06.2023)