The letter prepared by the Ministry's specialists, in particular, notes that anti-dumping measures during the tender and auction, provided for in Article 37 of Law No. 44-FZ, are not applied if the customer has not established a requirement to ensure the performance of the contract.
Recall that by virtue of Part 6.1 of Article 96 of Law No. 44-FZ, the requirement to ensure the performance of the contract may not be established by the customer if, in accordance with the legislation of the Russian Federation, settlements under the contract are subject to treasury support. Also, according to Part 64.1 of Article 112 of Law No. 44-FZ, until December 31, 2024, the customer has the right not to establish a requirement to ensure the performance of the contract, to ensure warranty obligations, except in cases where the contract provides for the payment of an advance and at the same time calculations in part of the advance are not subject to treasury support.
Document: Letter of the Ministry of Finance of the Russian Federation dated November 17, 2023 N 24-06-06/110223
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