Amendments to 44-FZ and 223-FZ: major update from January 1, 2025
New rules governing the national procurement regime under 44-FZ and 223-FZ will come into force on January 1, 2025. For customers, this means several key changes:
Unification. Now the rules of the national regime in 223-FZ will be similar to those in force under 44-FZ. The national regime under Law No. 223-FZ will be applied to both competitive and non-competitive procurement.
National mode forms. The national regime will be implemented in four variants: prohibition and restriction of purchases of foreign goods, advantage and a minimum mandatory share of purchases of Russian goods. In one way or another, import substitution becomes relevant for all customers under 44-FZ and 223-FZ.
Changes to the documentation. Participants will be required to confirm the country of origin of the goods with special documents, similar to the practice under 44-FZ.
The mechanism of advantage provision. If there are “foreign” applications, the participant who offered the domestic product will receive a 15% advantage, and the price of the contract will not decrease.
These changes require a review of approaches to documentation preparation and procurement organization.