The national procurement regime will be unified from January 1, 2025
According to the new version of Article 14 of Law No. 44-FZ and the provisions of new Articles 3.1-4 of Law No. 223-FZ, "foreign" goods, work, and services are provided with equal conditions for participation in procurement with goods, work, and services of Russian origin, except in cases when the Government of the Russian Federation takes measures establishing (Federal Law of 8 August 2024 No. 318-FZ):
• prohibition of purchases of "foreign" goods, works, and services (hereinafter referred to as the ban);
• restriction of purchases of "foreign" goods, works, and services, including the minimum mandatory share of purchases of goods of Russian origin (hereinafter referred to as the restriction);
• an advantage in relation to Russian goods, works, and services (hereinafter referred to as the advantage).
• The Government of the Russian Federation also defines information and a list of documents that confirm the country of origin of the goods.
When establishing a ban, it is not allowed to conclude a contract (agreement) for the supply of "foreign" goods or the performance of works or the provision of services by a "foreign" person. If a restriction is established, the "second extra" mechanism is used. The advantage is provided by reducing by 15% the price offer submitted by the "Russian" participant, including those offering domestic goods for delivery.
Until February 1 of the year following the reporting year, a report on the volume of purchases of goods (works, services) of Russian origin is posted in the EIS.
The requirements for the form and content of this report will be determined by the Government of the Russian Federation. At the same time, reports on the volume of purchases of Russian goods for 2024 are compiled and posted in the Unified Information System according to the rules in force before the date of entry into force of Federal Law No. 318-FZ of August 8, 2024.
The provisions of the new version of Article 14 of Law No. 44-FZ are not applied in the implementation of a number of purchases by "law enforcement" ministries and departments.
These changes apply to relations related to the implementation of purchases, notices of which have been posted since January 1, 2025. The procurement regulations must be brought into line with the above requirements, approved and posted in the Unified Information System also before January 1, 2025. The model procurement regulations should be updated by December 1, 2024.
The Government of the Russian Federation has the right to establish the specifics of the application of the above measures before December 31, 2025 in the procurement of medicines and medical devices.
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