NEWS

As of July 1, 2019, the norm (paragraph 10 of part 1 of article 95 of the Law N 44-FZ) is in force, which allows in some cases to change the essential terms of the contract with a single supplier.

Certain regulations in the field of procurement have been amended. Some of them have already entered into force, some will work from April 1. Most of the amendments are technical in nature, but there are also significant innovations. Let's look at the main changes.

The customer has the right to require that the purchasing participant's license is extended to a specific territory

In accordance with the new parts 1.3-1.6 of article 45 of Law No. 44-FZ "on the contract system for procurement of goods, works, and services for state and municipal needs", which came into force on December 28 of this year, participants ' applications and execution of contracts can be secured, among other things, by Bank guarantees issued by the Bank for which the Bank of Russia's plan of participation in the implementation of measures to prevent bankruptcy is in effect, subject to the decision of the Bank of Russia's Board of Directors to guarantee the continuity of the Bank's operations. In this case, the Bank's right to issue appropriate guarantees is valid regardless of its compliance with the requirements specified in part 1.1 of article 45 of Law No. 44-FZ.

The Ministry of construction of Russia in accordance with part 11 of article 34 Of the law on the contract system (law on public procurement). Federal law of April 5, 2013  No. 44-FZ "On contract system in procurement of goods, works, services for state and municipal needs" and Rules for the development of typical contracts, typical terms of contracts canceled departmental orders of July 5, 2018 No. 397/PR "On approval of the Model of state (municipal) contracts on performance of design and survey works and information card of the specified model contract" and the order of the Ministry of construction and housing utilities of the Russian Federation of July 5, 2018  No. 398 / PR "on approval of a Standard state (municipal) contract for the construction (reconstruction) of a capital construction object and an information map of the specified standard contract".

In particular, in their letter, the experts of the Antimonopoly Department note that the purchase of residential premises (apartments) is possible following the results of the competitive procedure by concluding a contract of sale of finished residential premises, by concluding a contract of equity participation in construction in accordance with the Federal law of December 30, 2004. № 214-FZ "About participation in share building of apartment houses and other real estate and on amendments to certain legislative acts of the Russian Federation" or by contract of sale apartments, which will be created in the future.

The Ministry of industry and trade of the Russian Federation has developed a project according to which customers will be able to purchase products included in the unified register of Russian radio electronics from a single supplier. With the registry can be found in the state informacionnoi system industry.

The standard contract was published in the Unified information system on December 28. It will need to be used if the subject of the purchase relates, in particular, to the following OKPD2 codes:

State purchases of imported software and hardware complexes of data storage systems are prohibited for two years. The ban applies to goods under the OKPD2 code 26.20.2. It also applies to such products if they are:

The customer decided to unilaterally cancel the contract. It was placed in the Unified information system and sent to the supplier by registered mail with a notification.