The Ministry of Finance proposed to remove three types of public procurement from the rules on procurement from small businesses
The Ministry of Finance of the Russian Federation proposes to remove a number of "areas" of public procurement and procurement of state-owned companies from the rules on procurement from small businesses. The draft of the relevant government decree has been published on the portal of draft regulations.
In total, the ministry proposes not to take into account when calculating the total annual volume of purchases (CBS), based on which the volume of mandatory purchases from small businesses is determined (for small businesses, socially oriented non–profit organizations - SMP and SONKO under 44–FZ and for small and medium-sized businesses - SMEs under 223-FZ), purchases in three "directions".
One of them is government procurement of medicines for medical use and medical devices. Moreover, it is proposed to make this rule valid only for relevant large purchases – from 20 million rubles. The Ministry of Finance explains this restriction by the fact that, as a general rule, SMP and SONKO take an active part in purchases with an initial (maximum) contract price of up to 20 million rubles.
It is also proposed to exclude government purchases of narcotic drugs, psychotropic substances and their precursors included in the list of drugs whose circulation is controlled on the territory of the Russian Federation from the calculation of the CDF.
The Ministry proposes to take a similar step regarding the purchase of narcotic drugs and psychotropic drugs by state-owned companies.
In addition, it is proposed to remove purchases from the Roscosmos state corporation and organizations of the rocket and space industry from the regulation on public procurement from small businesses. Here we are talking only about the procurement of goods, works, and services for space activities.
The basis for this proposal was the appeal of Roscosmos, which points out that purchases in the field of space activities are characterized by a high cost, and the number of SMEs and SONKO working in this field is relatively less than in other areas. Accordingly, meeting the requirements of the legislation on the minimum volume of purchases from small businesses is unlikely in this case.
According to the current procurement legislation, 20% of purchases by state-owned companies should be conducted only among small business companies (the so-called "special trades"), and the total volume of purchases from such companies should be at least 25% of the total cost. In the case of public procurement, the volume of "special trades" should be at least 25% of the total cost. At the same time, the norm applies, according to which the maximum initial (maximum) contract price for special trades should not exceed 20 million rubles.
Last summer, the Ministry of Economic Development of the Russian Federation, based on appeals from the subjects of the Russian Federation, proposed to increase the maximum price for "special trades" to 30-100 million rubles, and the quota of mandatory government purchases from small businesses to 30%.