NEWS

As noted in the letter prepared by specialists of the Ministry of Finance of the Russian Federation, in accordance with Part 5 of Article 15 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" when providing funds to a legal entity specified in paragraph 2 of paragraph 1 of Article 80 of the Budget Code, this person is subject to the provisions of Law No. 44-FZ regulating the activities of the customer, in cases and within the limits defined in the framework of agreements on the participation of the Russian Federation, the subject of the Russian Federation or the municipality in the ownership of the subject of investment.

The State Duma adopted in the third reading amendments to Law No. 44-FZ aimed at simplifying procurement under sanctions. In 2022 and 2023, in order to determine the volume of purchases from SMP and SONKO, customers will exclude contracts for the purchase of medicines and medical products from the state Budget (Article 3 of the bill).
The changes relate to the procurement of federal and regional authorities, their subordinate institutions and enterprises, as well as municipal medical organizations.

Amendments have been made to paragraph 8 of the Decree of the Government of the Russian Federation No. 19 of January 13, 2014.
Currently, in accordance with it, when concluding a contract, the price formula and the maximum value of the contract price are indicated in the case of concluding a contract for a period of at least 3 years, including a life cycle contract, the subject of which is the supply, maintenance and (or) repair of certain types of transport, if the NMCC is 1 billion rubles and more (Decree of the Government of the Russian Federation No. 350 dated March 12, 2022).
Since March 22, this rule also applies to the supply under the lease agreement.

The customer has provided in the documentation the possibility to allow for the purchase of applications that do not meet its conditions for the composition of documents, if the absence or inconsistency of the latter
does not affect the content and conditions of the application, as well as the execution of the contract;
does not entail the risk of default.

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;