Available procurement methods under Law N 223-FL for customers under sanctions: clarifications from the Ministry of Finance and the Federal Antimonopoly Service

18 July 2024, Thursday

The departments reported: customers who, according to the rules of Resolution No. 301, do not post information about procurements and contractors on the official website of the Unified Information System cannot conduct open competitive procedures.

Available for them:

• closed competitive procurement (including in electronic form);

• non-competitive procurement.

Such customers are recommended to establish rules similar to competitive procedures for non-competitive procurement (except for procurement from a single supplier, contractor or performer), namely:

• conduct purchases electronically;

• create a separate commission to determine the supplier or involve a commission for competitive procurement;

• provide clarifications on requests from participants;

• establish the possibility of canceling the purchase;

• consolidate the rules for submitting proposals in the application form and introduce their security;

• draw up protocols for the consideration of applications and summing up the results;

• enter into a contract in the manner prescribed for competitive procurement.

There are no requirements for an electronic platform for non-competitive procurement. The customer has the right to choose any operator, including from the list of selected ones.

Document: Decree of the Government of the Russian Federation of March 6, 2022 N 301.

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