Amendments have been made to the regulatory legal acts regulating the implementation of purchases
On 09/23/2024, Decree of the Government of the Russian Federation No. 1285 of 09/23/2024 was published, which amends some acts of the Government of the Russian Federation on procurement of goods, works, and services for state and municipal needs.
Regarding additional requirements for procurement participants within the framework of Law No. 44-FZ:
- it has been established that the corresponding position of the annex to the decree of the Government of the Russian Federation dated 12/29/2021 No. 2571 applies regardless of the scope of the customer's activities;
- a general requirement has been established for the procurement participants to grant permission for the commissioning of a capital construction facility, except in cases where the object of purchase is work that does not require the issuance of such a permit;
- an opportunity is provided to confirm the experience of the contract for the performance of works that do not require a permit to put an object of capital construction into operation, if such an agreement is concluded and executed in accordance with Law No. 44-FZ or Law No. 223-FZ;
- expanded requirements for participants in the procurement of public catering and (or) food supply services;
- requirements have been established for the experience of participants in the procurement of services for washing, cleaning (including chemical) textiles.
Regarding the procedure for evaluating applications for participation in procurement within the framework of Law No. 44-FZ:
- it is possible to establish the requirement to accept for evaluation only contracts and contracts concluded and executed in accordance with Law No. 44-FZ and Law No. 223-FZ;
- with regard to procurement in the field of construction, it is possible to establish a requirement to accept for evaluation exclusively contracts providing for the performance by procurement participants of works requiring the issuance of a permit for the commissioning of a capital construction facility, if the object of the customer's purchase is work requiring the issuance of such a permit;
- procurement participants are given the opportunity to send the number of the registry entry from the relevant register instead of supporting documents, if such documents are contained in open and publicly available state registers posted on the Internet.
Regarding independent guarantees:
- in the standard form of an independent guarantee provided as security for an application for participation in procurement under Law No. 44-FZ, it is clarified that the organizer of joint purchases can be specified as a beneficiary;
- in the standard form of an independent guarantee provided as security for the performance of a contract or agreement in cases provided for by Law No. 44-FZ or Law No. 223-FZ, respectively, it is provided that the guarantee comes into force from the date of conclusion of such a contract or agreement.
The resolution comes into force after 7 days from the date of its official publication, with the exception of certain provisions.