The specifics of the application of the provisions of Law No. 44-FL in procurement within the framework of the state defense order are explained
According to representatives of the Ministry of Finance of the Russian Federation, when making purchases involving the placement of a state defense order, customers use a catalog of goods, works and services, and at the same time include in the description of the object of purchase the names of military products or trademarks provided for in Part 3 of Article 6 of Law No. 275-FL. At the same time, the features provided for in Part 3 of Article 6 of Law No. 275-FL do not apply to the general rules for describing the object of purchase established by paragraph 1 of Part 1 of Article 33 of Law No. 44-FL.
The letter also notes that if there is a position in the catalog of goods, works and services formed in relation to the purchased "special" products, the customer must indicate in the notification in a "structured form" the information contained in such a position, additional information and consumer properties, as well as include in the description of the object of purchase attached to the notification, product names or trademarks. If the required item is missing in the catalog of goods, works and services, the notification indicates the characteristics of the object of purchase in accordance with paragraph 1 of Part 1 of art. 33 of Law No. 44-FL in a "structured form". Product names or trademarks are also included in the description of the object of purchase by attaching an electronic document or an image of a "paper" document.
When conducting closed electronic procedures, if the catalog of goods, works and services contains a corresponding item, the invitation in a "structured form" indicates the information included in the catalog of goods, works and services, additional information and consumer properties. The names or trademarks of products provided for in Part 3 of Article 6 of Law No. 275-FL are included in the description of the object of purchase. In the absence of a position in the catalog of goods, works and services formed in relation to the purchased products, the invitation in a "structured form" indicates the characteristics of the object of purchase provided for in paragraph 1 of Part 1 of Article 33 of Law.
Document: Letter of the Ministry of Finance of the Russian Federation dated March 19, 2024 No. 24-01-10/24320
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