NEWS

For customers from January 1, 2023, it was proposed to fix special grounds for liability for violation of the rules of the national regime in the Administrative Code of the Russian Federation (p. 8 of the draft).

The amount of the fine under Law No. 44-FZ will depend on the actions or inaction of the customer. For example, for non-placement in the EIS of information and documents that need to be published in the system and which are related to the national regime, they plan to fine as follows (p. 4 of the project):

According to Law No. 44-FZ, if a certain NMCC is exceeded, it is impossible to combine medical products of different types according to the nomenclature classification into one purchase.

The government allowed not to apply this rule from March 25 to September 1, 2022.

Document:  Resolution of the Government of the Russian Federation of 16.03.2022 N 374

A bill has been submitted to the State Duma for consideration, which proposes to supplement Part 1.1 of Article 30 of Federal Law No. 44-FZ dated April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs" with a new paragraph 4.1, according to which, based on the calculation of the total annual volume of purchases when determining the volume purchases carried out among SMEs, SONOS, exclude purchases of medicines for medical use and medical devices (Draft Federal Law No. 84920-8).

From March 11, you can buy in a non-competitive way more often. As part of the anti-crisis amendments, the government has determined new cases of purchases from the supplier, as well as the procedure for their implementation until December 31, 2022 inclusive. Read more about this in the review.
Additional cases of purchases from a single supplier
It is possible to carry out purchases in a non-competitive way if:
the supplier or purchase for state and (or) municipal needs was determined in the minutes of a meeting of the government, a coordinating or advisory body chaired by the head of government, a government commission to increase the sustainability of the Russian economy under sanctions;
the purchase is carried out for federal needs from a single supplier, who was identified in the order of the Prime Minister to implement the decisions of the government commission on improving the sustainability of the Russian economy under sanctions;
the purchase is carried out at the expense of the reserve funds of the government, the highest executive bodies of the region.

From March 12, customers are obliged to write off penalties for non-fulfillment or improper performance of the contract according to the rules of the Decree of the Government of the Russian Federation No. 783, if:
obligations are not fully fulfilled due to sanctions and (or) restrictions;
there is a written justification for the inability to fulfill the contract for this reason. Supporting documents must be attached to the justification;

The parties have concluded a contract for the supply of goods. Obligations were fulfilled according to requests.
During the contract period, the customer did not choose the entire volume. After its term expired, the supplier in the claims demanded to make a complete sample.
The courts of three instances did not agree with such a requirement:
there is no obligation in the contract to choose the entire scope and responsibility for its non-fulfillment. The condition of the contract for the supply of a batch of goods at the request of the customer does not mean that he must purchase products that are not needed;

A participant in the procurement of cleaning services for the premises of the court complained that the customer illegally established additional requirements. They need to be applied if the customer's field of activity relates to healthcare, education or science.
The supervisors did not agree with this: additional requirements in the purchase are applied regardless of the scope of the customer's activity.

When purchasing medical equipment, consumables for it and technical means for the disabled, the customer can conduct an electronic request for quotations if the NMCC is not more than 50 million rubles. The annual volume of purchases of medical products in this way should not exceed 750 million rubles.

According to the representatives of the Ministry, if, in accordance with Part 22 of Article 22 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs", the procedure for determining the NMCC in certain areas of activity is established, the price of the contract concluded on the basis of sub-item 4, sub-item 5 of Part 1 of Article 93 of Law No. 44-FZ, is determined in accordance with the provisions of these regulatory legal acts, while there is no obligation to include a justification for such a price in the contract (Letter of the Ministry of Finance of the Russian Federation dated February 14, 2022 No. 24-06-08/9965

The procurement participant appealed the procedure for evaluating the applications of the collective participant according to the criterion of "experience". Individual participants could confirm it with the total value of flawlessly executed contracts on the subject of purchase, but collective participants could not. The largest of the values of the indicators of an individual representative of this participant was taken into account.
The supervisors recognized the complaint as justified:
since the members of the collective participant are jointly and severally liable under the contract, it is necessary to summarize the performance indicators of all persons of such a participant in order to assess the experience;