The main changes in purchases: a fresh overview of the key news in January
January brought important legislative changes, judicial practice, and departmental clarifications to procurement specialists. Let's talk about the key innovations.
Legislative changes
Uniform rules for the purchase of foreign goods
Starting from January 30, 2025, uniform requirements for the issuance of permits for the purchase of imported industrial goods subject to the ban will come into force. The innovation will affect customers under Laws No. 44-FZ and 223-FZ.
New rules for calculating NMCC for fuel
Starting from February 3, 2025, customers must apply a new procedure for calculating the initial (maximum) contract price for purchases of motor fuel. It takes into account various delivery methods: from storage sites, by rail and other methods.
Changes in passenger transportation contracts
From February 7, 2025, customers will be able to set the unit price for vehicles with different engine classes and types, as well as determine the maximum value of the contract price.
Judicial practice
Supreme Court: the customer is obliged to reimburse the costs of the guarantee
The Supreme Court of the Russian Federation supported the contractor who collected the costs of an independent guarantee. The contract was terminated at the initiative of the customer due to underfunding, and the court considered that the contractor had properly fulfilled its obligations.
The Supreme Court of the Russian Federation confirmed the legality of the special requirements for the product
The court recognized the purchase of a simulator with software for first aid training as legitimate. The supervisors considered that the customer had limited competition, but the courts took into account the need to unify the equipment, which avoided additional costs.
Explanations of the departments
FAS: inclusion in the RNP is possible in case of forced cancellation of the contract
The Antimonopoly Service explained that information is entered into the register of unscrupulous suppliers even in case of contract cancellation due to forced circumstances.
Ministry of Finance: when calculating penalties, the key rate on the day of accrual is taken into account
The Agency confirmed that government customers should apply the current key rate as of the date of accrual of penalties.
Additional clarifications from the Ministry of Finance
The Ministry of Finance revealed the nuances of providing contract enforcement in joint purchases for NSR and SONKO, as well as explained the changes in the terms of state construction contracts.
Draft laws
ANO and socially useful funds will be purchased under 223-FZ
A draft law has been adopted in the first reading, according to which autonomous non-profit organizations and socially useful foundations established by the state will begin to apply the norms of 223-FZ when conducting procurement.