The Ministry of Finance spoke about the procedure for applying anti-dumping measures in procurement under Law No. 44-FZ
The specialists of the ministry, in particular, recalled the temporary right of customers provided for in Part 64.1 of Article 112 of Law No. 44-FZ not to establish until December 31, 2024 the requirement to ensure the performance of the contract, guarantee obligations (except if the contract provides for the payment of an advance payment and at the same time calculations in part of the advance are not subject to treasury support). At the same time, the letter emphasizes that if the customer does not establish a requirement to ensure the performance of the contract, anti-dumping measures during the tender and auction provided for in art. 37 of Law No. 44-FZ, do not apply.
Recall that according to Part 1 of Article 37 of Law No. 44-FZ, anti-dumping measures during tenders and auctions are applied if during the bidding process:
- the contract price, which is 25% or more lower than the NMCC, or
- the sum of the prices of units of goods, work, services, which is 25% or more lower than the initial sum of the prices of these units.
At the same time, these measures consist in the requirement that the winner of the purchase provide security for the execution of the contract in an increased amount compared to the amount specified in the notification of the purchase.
Document: Letter of the Ministry of Finance of the Russian Federation dated March 21, 2024 N 24-06-06/25415
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