NEWS

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.

The agency issued a letter in which it drew the attention of pharmaceutical companies to the economic justification of the cost of medicines from the list of VED.

As representatives of the Treasury of Russia indicated in their letter, a warning about administrative and criminal liability for violation of the requirements of antimonopoly legislation prohibiting participation in agreements restricting competition, the implementation of coordinated actions restricting competition, provided for in paragraph 24 of part 1 of Article 42 of Law No. 44-FZ, is automatically displayed by means of the EIS on the official website when reading the notice. At the same time, the list of information generated as part of a notification using the EIS is determined by Decree of the Government of the Russian Federation No. 60 dated 01/27/2022.

On February 21, 2024, the State Committee of the Republic of Tatarstan on Procurement held a seminar-meeting for republican customers on the topic: "Contractual relations in a new way. Recent changes and algorithms of work", including through online broadcasting.