NEWS

Specialists of the Ministry of Digital Development, Communications and Mass Communications of Russia in their letter, in particular, noted that the ban on the admission of foreign software, established in accordance with the Decree of the Government of the Russian Federation dated 16.11.2015 N 1236 "On the establishment of a ban on the admission of software originating from foreign countries for the purposes of procurement for state and municipal needs", applies to the purchase, if its terms provide for the installation of software on the purchased equipment and the transfer of rights to it.

Among other things, the Agency noted: if customers do not approve the procurement documentation during open procedures, this does not mean that they can avoid responsibility, since the information is reflected in the notice.

When transferring to the customer the goods specified in the annex to the Decree of the Government of the Russian Federation of 30.04.2020 N 616 "On the establishment of a ban on the admission of Industrial goods Originating from Foreign States for the Purposes of Procurement for State and Municipal Needs, as well as industrial goods originating from foreign states, works (services) performed (rendered) by foreign persons, for the purposes of procurement for the needs of the country's defense and state security" (hereinafter - Resolution No. 616), the supplier must provide him with a valid conclusion confirming the production of industrial products on the territory of the Russian Federation (paragraph 10.3 of Resolution No. 616).

Based on the results of small purchases, two contracts were concluded with a single supplier. Transactions were terminated by agreement due to improper execution. Later, the customer went to court to collect a fine from the counterparty.

From January 1, 2024, a number of requirements will be presented to the only suppliers of medicines for medical use, which are determined by acts of the government or the president.

The Ministry of Industry and Trade of the Russian Federation proposes to adjust the lists of goods specified in item 147 of the annex to the Decree of the Government of the Russian Federation of 30.04.2020 N 616 (hereinafter referred to as List N 616), and the position classified by the code of the All-Russian classifier of products by types of economic activity 32.50.13.190, the list of certain types of medical devices originating from foreign states, in respect of which admission restrictions are established for the purposes of procurement for state and municipal needs (hereinafter - List N 102), approved by the Decree of the Government of the Russian Federation dated 05.02.2015 N 102.

According to experts of the Ministry of Finance of the Russian Federation, when conducting an electronic request for quotations, the participant has the right to indicate in the application a price offer providing for a reduction in the contract price (the sum of the prices of units of goods, work, services) below zero. In this case, based on the results of the request for quotations, the amount of the fee that the participant pays for the conclusion of the contract is determined. This amount is indicated as the contract price in accordance with subparagraph "d" of paragraph 1 of part 2 of Article 51 of Federal Law No. 44.

If a procurement participant with a ban on admission indicated in the application the entry number from the register of Russian industrial products, then when executing the contract, he submits an opinion that the goods were produced in the Russian Federation.

Since May 12, the List approved by the decree of the Government of the Russian Federation of 08.12.2021 N 3500-r is valid in a new edition. Now it includes 107 positions (previously - 58). In particular, the List is supplemented with various wood products, household appliances, medical services, translation, publishing and printing.

Specialists of the Ministry of Finance of the Russian Federation in their letter noted that the rules for calculating the annual volume of purchases from small and medium-sized businesses and the formation of an annual report on these purchases, established by Decree of the Government of the Russian Federation dated 11.12.2014 N 1352 (hereinafter referred to as Resolution N 1352), apply to self-employed persons, taking into account the specifics established by paragraph 2.4 of the said resolution.