The peculiarities of procurement from small businesses, socially oriented non-profit organizations by customers under Federal Law No. 223 who have not fulfilled the mandatory procurement norm from small and medium-sized businesses are explained
As the specialists of the Ministry of Finance of the Russian Federation noted in their letter, the customers specified in Part 8 of Article 3 of Federal Law No. 223, when making purchases from small businesses, socially oriented non-profit organizations within the framework of Federal Law No. 44, are not guided by Part 4 and Part 4.1 of Article 30 of Federal Law No. 44, in connection with which the report the volume of purchases from small businesses, socially oriented non-profit organizations by such customers is not compiled and is not placed in a unified information system in the field of procurement. At the same time, these customers are not exempt from the obligation to compile and post an annual report on procurement from small and medium-sized businesses in the unified information system in the field of procurement. The specified procurement report from small and medium-sized businesses is formed in accordance with the requirements approved by the Decree of the Government of the Russian Federation dated 11.12.2014 N 1352 "On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services by certain types of legal entities."
Recall that in case of non-fulfillment by the customer of the obligation to make purchases from small and medium-sized businesses during the calendar year in the amount established by the Government of the Russian Federation, or posting false information about the annual volume of purchases from small and medium-sized businesses, or non-placement of the procurement report from small and medium-sized businesses in the unified information system, the regulation on purchase of this customer from February 1 of the year following the last calendar year, and until the end of this year, it is recognized as unplaced in accordance with the requirements of Federal Law No. 223. In this case, the customer, when purchasing, is guided by the provisions of Federal Law No. 44 within the limits provided for in Part 8.1 of Article 3 of Federal Law No. 223.
Document: Letter of the Ministry of Finance of the Russian Federation dated July 10, 2023 N 24-07-09/64150