Key innovations for the procurement specialist from January 1, 2025
Starting from January 1, when purchasing under laws No. 44-FZ and 223-FZ, the unified rules for the application of the national regime must be observed. Imported software cannot be used at significant CII facilities. The SME Corporation will check more customers according to Law No. 223-FZ.
National regime
When purchasing under Law No. 44-FZ and Law No. 223-FZ, which will be announced on January 1, 2025, customers will comply with the unified rules for the application of the national regime.
Federal Law No. 223-FZ stipulates, in particular: foreign goods, works, and services are provided with national treatment on an equal basis with Russian ones. The government will be able to define exceptions in the form of:
- prohibition of purchases of foreign goods. Customers will be able to purchase only Russian products.;
- restrictions on purchases of foreign goods. Imported products cannot be purchased if there is an application for a Russian product in the tender that meets the terms of purchase.;
- advantages for the domestic product. Thus, the price offer of a participant with Russian products will be reduced by 15% when reviewing, evaluating, and comparing applications. The contract with this participant, in case of his victory, will be concluded at the price offered by him.
Similar amendments will be made to Law No. 44-FZ, as well as a number of nuances will be fixed. So, if the government establishes:
- a ban on the purchase of foreign goods – such a ban will be applied to transactions with a single supplier.;
- restriction of purchases of imported goods – the "second extra" mechanism will be used;
- the advantage for domestic goods is that when assigning an ordinal number to an application with fully domestic products, the participant's price offer will be reduced by 15%, including during an electronic auction. The contract with such a participant, in case of his victory, will be concluded at the price offered by him.
The Ministry of Finance has prepared a draft resolution on measures to provide the national regime.
Document: Federal Law No. 318-FZ of 08.08.2024
Imported software at CII facilities
According to Law No. 223-FZ (except for organizations with municipal participation), state authorities will not be allowed to use foreign software at their significant CII facilities. The government has approved the requirements for acceptable software.
Document: Decree of the President of the Russian Federation No. 166 dated 30.03.2022
Procurement from MSPs under Law No. 223-FZ
They will change the list of customers whose draft purchase plans and changes to them are being evaluated for compliance with the law in terms of MSPs. The list will include more than 200 new companies. These include airports, resource providers, scientific, technical and other organizations. A number of existing positions will be excluded from the list.
Document: Decree of the Government of the Russian Federation dated 08/22/2024 N 2266-r