How long is it possible to adjust the notice of competitive procurement under Federal Law No. 223?
Federal Law No. 223 does not set a deadline upon the occurrence of which amendments to the notice of competitive procurement, documentation on competitive procurement are not allowed. At the same time, according to experts of the Ministry of Finance of the Russian Federation, the introduction of these changes after the deadline for submitting applications may contain signs of actions aimed at violating the principles provided for in Part 1 of Article 3 of Federal Law No. 223 and prohibitions established by Part 1 of Article 17 of Federal Law No. 135 of 26.07.2006 "On Protection of Competition", since:
- as a general rule, the confidentiality of the information contained in the application is ensured until the deadline for submitting applications;
- if changes are made after the deadline for submitting applications, the customer will have confidential information contained in the applications, which he would not have had if changes were made before the end of such a period;
- conditions are created for prohibited coordination of actions of procurement participants and (or) the creation of preferential conditions for a separate procurement participant with further participation in the procurement.
Document: Letter of the Ministry of Finance of the Russian Federation dated April 20, 2023 No. 24-07-08/36005