The Ministry of Finance explained the application of protective measures in public procurement with different names of goods

In connection with the incoming questions about the application of the provisions of the Decree of the Government of the Russian Federation dated December 23, 2024 No. 1875 "On Measures to provide national Treatment for the procurement of Goods, Works, and Services for State and Municipal Needs, procurement of Goods, Works, and Services by Certain Types of Legal Entities" (hereinafter referred to as Resolution No. 1875), implementation in accordance with the Federal Law of April 5, 2013. No. 44-FZ "On the Contract System in the field of procurement of Goods, Works, and Services for State and Municipal Needs" (hereinafter referred to as Law No. 44-FZ) purchases of goods specified in the lists, which are Appendices No. 1 and No. 2 to Resolution No. 1875 (hereinafter referred to as the Lists), in cases where in the position of the catalog of goods, works, and services for state and municipal needs (hereinafter referred to as - catalog), with which the purchase is carried out, indicates a product name other than the name indicated in the List, and (or) this catalog item contains or does not contain the code for the All-Russian Classifier of Products by type of Economic Activity OK 034-2014 (KPES 2008) (hereinafter referred to as OKPD 2), included in the Lists, Department of Budgetary policy in the sphere of the contract system of the Ministry of Finance of the Russian Federation (hereinafter - Department), in accordance with paragraph 4.6.1 of the Regulations on the Department of Budgetary Policy in the Field of the Contract System of the Ministry of Finance of the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated May 29, 2017 No. 389 "On Approval of the Regulations on the Department of Budgetary Policy in the Field of the Contract System of the Ministry of Finance of the Russian Federation", informs the following.

The lists are lists of goods, works, and services (their names) themselves, which are purchased using "protective" measures, and not lists of OKPD 2 codes, which are used in the purchase of "protective" measures.

The names of goods, works, and services in the Lists are indicated for the purpose of classifying the goods, works, and services purchased by the customer as goods, works, and services for which appropriate "protective" measures are subject to procurement.

Resolution No. 1875 does not establish requirements for the use of such names for the purpose of describing the object of purchase, including since this issue does not relate to the subject of regulation of Resolution No. 1875.

In this regard, when applying Resolution No. 1875, it is not envisaged to ensure that the names indicated in the description of the object of purchase correspond verbatim to the names indicated in the Lists.

When making purchases in accordance with Federal Law No. 44-FZ, customers use a catalog to describe the object of purchase, including to indicate information about the name of the product, work, or service using the catalog item.

The rules for using the catalog of goods, Works, and Services to Meet state and Municipal Needs, approved by Decree of the Government of the Russian Federation No. 145 dated February 8, 2017, and Resolution No. 1875, do not provide for the use of the names of goods, works, and services contained in the catalog item and the OKPD 2 codes to classify goods, works, and services purchased by the customer as goods, works, and services that are subject to appropriate "protective" measures by Resolution No. 1875.

According to the Rules for the Formation and Maintenance of a catalog of goods, Works, and Services for State and Municipal Needs in the unified information system for Procurement, approved by Decree of the Government of the Russian Federation No. 145 dated February 8, 2017, the OKPD 2 codes contained in the catalog item do not relate to the description of the object of purchase within the meaning of Law No. 44-FZ and They form only background information (sub-paragraphs "d" and "e" of paragraph 10).

Based on the above, in order to classify the goods purchased by the customer as goods for which appropriate "protective" measures are applied, the product name indicated in the List item is used, regardless of the presence or absence of an indication in the catalog item used by the customer when purchasing such goods, to the OKPD 2 code contained in such a List item..

For example, when purchasing goods specified in item 189 of the list, which is Appendix No. 2 to Resolution No. 1875 ("Wheelchair, except parts and accessories", code according to OKPD 2 30.92.2), the restriction applies if the object of purchase is any wheelchair, except parts and accessories, regardless of the name of the wheelchair. the invalid specified in the catalog item used in the purchase, and regardless of whether or not such catalog item contains an indication of the OKPD 2 30.92.2 code.

This letter is not a regulatory legal act and is for informational purposes only.

Department Director T.P. Demidova