The specifics of procurement under Federal Law No. 223 by customers against whom sanctions have been imposed are explained
Specialists of the Ministry of Finance of the Russian Federation and the Federal Antimonopoly Service of Russia in a joint letter noted that the decree of the Government of the Russian Federation dated 03/06/2022 No. 301 (hereinafter referred to as Resolution No. 301) excludes the possibility of conducting open competitive procurement. Accordingly, the customers provided for by Resolution No. 301 carry out purchases by conducting:
- closed competitive procurement (including in electronic form);
- non-competitive purchases.
At the same time, it is emphasized that conducting a closed competitive procurement in electronic form is possible only using an electronic platform, the operator of which is included in the relevant list. When establishing in the regulation the procedure for conducting a non-competitive procurement that is not a purchase from a single counterparty, the customer has the right, among other things, to be guided by the restrictions established by Resolution No. 301 on the placement of information on the official website of the Unified Information System in the field of procurement.
Also, when conducting the above-mentioned non-competitive purchases, customers are recommended to provide:
- conducting such purchases in electronic form;
- creation of a commission for determining the counterparty;
- providing explanations at the request of procurement participants by analogy with the provisions of Part 2 - Part 4 of Article 3.2 of Federal Law No. 223;
- the possibility of canceling such a purchase by analogy with the provisions of Part 5 and Part 7 of Article 3.2 of Federal Law No. 223;
- submission of proposals by procurement participants in the form of applications by analogy with the provisions of Part 10 and Part 11 of Article 3.2 of Federal Law No. 223, as well as provision of such applications by analogy with the provisions of Part 25 and Part 27 of Article 3.2 of Federal Law No. 223;
- preparation of protocols for determining the counterparty by analogy with the provisions of Part 13 and Part 14 of Article 3.2 of Federal Law No. 223;
- conclusion of an agreement by analogy with the provisions of Part 15 of Article 3.2 of Federal Law No. 223.
The customer specified in Resolution No. 301 has the right to conduct non-competitive "electronic" purchases using any electronic platform.
Recall that, by virtue of paragraph 1 of Resolution No. 301, the grounds for not posting on the official website of the Unified Information System in the field of procurement information about the purchase, information about the counterparty are the introduction of:
political or economic sanctions by foreign states committing unfriendly actions against the Russian Federation, citizens of the Russian Federation or Russian legal entities, and (or)
restrictive measures by foreign states, state associations and (or) unions and (or) state (interstate) institutions of foreign states or state associations and (or) unions in relation to the customer carrying out the purchase.
Document: Letter from the Ministry of Finance of the Russian Federation and the Federal Antimonopoly Service of the Russian Federation dated July 15, 2024 NN 24-01-06/65630, ПИ/62264/24.
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