NEWS

In a letter prepared by specialists of the Ministry of Finance of the Russian Federation, in particular, it is noted that the Rules for registration of procurement participants in the EIS, approved by Decree of the Government of the Russian Federation No. 60 dated 01/27/2022 (hereinafter referred to as the Rules), do not allow registration in the EIS of a participant - a legal entity whose place of registration is an offshore zone. In case of receiving information about the inclusion of the country of registration in the offshore zone, the Treasury of Russia excludes a procurement participant from the register of participants and terminates the registration of such a participant in the EIS. When verifying the affiliation of a foreign legal entity to an "offshore" entity, technological means of the EIS are used.

Since January 25 of this year, the Government of the Russian Federation has reintroduced a measure similar to those in force in 2022-2023, which allows for the provision of an increased advance in government contracts concluded by recipients of federal budget funds.

Customers, no later than February 1 of the year following the last calendar year, must post information in the EIS on the annual volume of purchases that they are required to make from SMEs.

The Government of the Russian Federation has approved a list of medical devices, specialized medical nutrition products necessary for prescribing to a patient for medical reasons, the formation of which is provided for in subsection "g" of paragraph 1, Part 1 of Article 33 of Law No. 44-FZ. Two items of medical devices are currently included in the document.

According to experts of the antimonopoly department, the establishment by the customer of a provision in the procedure for evaluating applications providing for the acceptance of information for evaluation exclusively under general contract agreements does not contradict the legislation on the contract system in the field of procurement.

According to the amendments made to paragraph 6 of the Decree of the Government of the Russian Federation dated 04/28/2018 No. 824-r (hereinafter referred to as Order No. 824-r), Rosreserv and federal state institutions under its jurisdiction are exempt from the obligation to carry out purchases specified in paragraph 1 of Order No. 824-r using a single trade aggregator.

The letter prepared by the Ministry's specialists, in particular, notes that anti-dumping measures during the tender and auction, provided for in Article 37 of Law No. 44-FZ, are not applied if the customer has not established a requirement to ensure the performance of the contract.

According to experts of the Ministry of Industry and Trade of the Russian Federation, if the provisions of the decree of the Government of the Russian Federation No. 616 dated 30.04.2020 were applied during the procurement, the registry entries of the relevant registers confirming the "Eurasian" origin of the goods offered by the participants should be valid both at the stage of filing an application or at the stage of concluding a contract, in the case of purchase from a single counterparty, and at the stage of execution the contract.

The Agency told what documents can be accepted from procurement participants to confirm compliance with the requirements of Resolution No. 2571.

The letter answered three controversial questions that customers have in dealing with additional requirements.

According to representatives of the Ministry of Finance of the Russian Federation, the only counterparty in the case of concluding a contract based on the results of failed competitive procedures on the basis of paragraph 25 of Part 1 of Article 93 of Law No. 44-FZ must comply with the requirements set out in the notice of procurement, including those imposed on procurement participants in accordance with Parts 2 and 2.1 of Article 31 of Law No. 44-Federal Law (if there are such requirements).