We are making changes to the procurement regulations under Law No. 223-FZ, taking into account important amendments from January 1, 2025
Since October, amendments aimed at unifying the national regime have come into force. These changes should be applied to purchases announced starting from January 1, 2025. Customers have time to make the necessary changes to the procurement regulations. Let's look at the key changes and the procedure for making adjustments.
Major changes
The procurement regulations must include the conditions for the application of the national regime provided for in the new Article 3.1-4. of Law No. 223-FZ. In accordance with it, the Government has the right to establish the following requirements:
A ban on the purchase of foreign products. In this case, customers can purchase only Russian goods without the possibility of replacing them with imported ones during the execution of the contract.
Restriction on the purchase of foreign products. If an application with a Russian product that meets the terms of purchase participates in the tender, imported products will not be purchased. At the same time, the replacement of domestic goods with imported ones in the process of fulfilling the contract is also prohibited.
Advantages for domestic products. The price offers of participants with Russian products will decrease by 15% when considering, evaluating and comparing applications. If such a participant wins, the contract is concluded at the price offered by him. Replacement of the supplied Russian products with imported ones within the framework of the execution of the contract is allowed only with domestic analogues.
The rules for the implementation of the national regime have not yet been adopted.
What needs to be done
Preparation of documents.
Make changes to the procurement regulations, taking into account the new requirements.
Develop a new version of the regulation.
Approval of adjustments.
The changes must be approved by an authorized person or body.
Posting changes to the EIS.
The updated regulations and changes must be posted in the EIS within 15 days after their approval.
Meeting deadlines.
The model procurement regulations must be brought into line with the legislation, approved and posted in the EIS by December 1, 2024.
The remaining provisions on procurement are valid until January 1, 2025.
Responsibility
A fine is provided for violation of the deadlines for posting changes or their non-placement.
Prepare in advance to avoid risks and ensure that the procurement regulations comply with new legal requirements.