NEWS

The list of specific customers has been adjusted, whose draft plans for the purchase of goods, works, services (including innovative and high-tech products, medicines) are subject to assessment of compliance with the requirements of legislation providing for the participation of SMEs in procurement, approved by order of the Government of the Russian Federation dated 06.11.2015 N 2258-r in accordance with sub-item "b" of paragraph 2 of Part 8.2 Article 3 of Law No. 223-FZ.

The Ministry of Industry and Trade of the Russian Federation has updated the list of passenger cars with a Russian vehicle identification number, the use of which is a priority for state and municipal employees.

The Government of the Russian Federation has amended the list of banks approved by the Decree of the Government of the Russian Federation dated 07/13/2018 No. 1451-r, to whose accounts funds are deposited intended to secure applications for participation in electronic procurement procedures provided for by Law No. 44-FZ (hereinafter - the List).

According to Part 3 of Article 22 of Federal Law No. 46-FZ dated 08.08.2022, on March 8, 2024, the grounds for purchasing from a single supplier provided for in clauses 5.1, 5.2, and 28.1 of Part 1 of Article 93 of Law No. 44-FZ expire.

The letter, prepared by specialists of the Ministry of Industry and Trade of the Russian Federation, notes that the customer is obliged to provide for the establishment, in accordance with the decree of the Government of the Russian Federation dated 30.04.2020 No. 616 (hereinafter referred to as Resolution No. 616), of a ban and the need to obtain permission to purchase "foreign" goods at the stage of formation of the NMCC. At the same time, according to Part 24 of Article 22 of Law No. 44-FZ, as a general rule, the provisions of the said Law concerning the application of the NMCC, including for calculating the amount of collateral for an application or securing the performance of a contract, apply to the maximum value of the contract price.

A bill has been submitted to the State Duma that will not allow suppliers from the RNP to participate in procurement.

According to the Ministry of Finance, contracts with a written-off penalty cannot be used, including for calculating the initial (maximum) contract price by market analysis (collecting data from the register of contracts); confirming good faith in dumping; exemption from collateral when concluding a contract based on the results of procurement among SMEs and SONKO. To do this, you can only use contracts for which no penalty has been accrued for non-fulfillment or improper fulfillment of obligations.

In their letter, the specialists of the FAS of Russia noted that the antimonopoly authority is not authorized to conduct unscheduled inspections of compliance with the provisions of Law No. 223-FZ in relation to the actions of control subjects.

The Ministry of Health of the Russian Federation has identified systemic deficiencies in the activities of subordinate customers and violations of the provisions of Law No. 44-FZ and other regulatory legal acts on the contract system, as well as the terms of contracts, including in terms of:

As the representatives of the ministry noted in their letter, the procurement plan is formed by the customer in accordance with the established form and contains, among other things, the minimum necessary requirements for the purchased goods (works, services) provided for in the contract, including functional, technical, qualitative characteristics and operational characteristics of the subject of the contract, allowing to identify the subject of the contract (if necessary). Therefore, the customer forms a purchase plan independently, taking into account the existing needs for goods, works, services, as well as requirements established by Law No. 223-FZ and Decree of the Government of the Russian Federation dated 09/17/2012 No. 932.