NEWS
The state Duma adopted in the second reading amendments to the Law n 44-FZ, changes to the administrative Code and the criminal code on liability for false expertise in public procurement. Amendments to the Law n 44-FZ are mainly of a technical nature, and the codes want to make key changes.
The list of products, the purchase of which the customer must establish additional requirements, proposed to Supplement. The draft government resolution has developed and submitted for public discussion Regardie.
Amendments to the Law n 44-FZ provide for several innovations in contract enforcement, the abolition of mandatory examination for a number of cases, a new basis for the purchase from a single supplier and the ability to change the price of the contract due to an increase in VAT.
The state customer demanded to involve subcontractors from among the subjects of small business or socially oriented non-profit organizations in the execution of the contract. However, FAS found out that he did it incorrectly. In the documentation, the customer indicated that it has the right to establish the volume of participation of small businesses and socially oriented non-profit organizations in the amount of 20%. At the same time, the draft contract provided that this volume should be at least 20% of the price of work.
It was proposed to extend the restrictions on the verification of information that the customer publishes in the register of contracts. The draft amendments were developed and submitted for public discussion by the Ministry of Finance.
In particular, experts of the Ministry of construction of Russia in their letter noted that construction customers determine the initial maximum price of the contract on the basis of a positive conclusion of the state examination of project documentation in accordance with article 22 of the Federal law of April 5, 2013 № 44-FZ "on the contract system in the procurement of goods, works, services for state and municipal needs" and Methodological recommendations on the application of methods for determining the initial maximum price of the contract approved by the order of the Ministry of economic development of Russia of October 2, 2013. № 567 (hereinafter-Methodology). Thus according to item 6.1 of the Technique the basis for determination of the initial maximum price of the contract is the estimate (estimated cost of works).
On December 12, a meeting of the Public Council under the state procurement Committee of the Republic of Tatarstan was held.
On December 12, a seminar-meeting with customers of the Republic of Tatarstan on the application of 44-FZ was held.
In accordance with paragraph 4 of the RF Government resolution No. 949 of August 16, 2018, the Ministry of industry and trade of Russia approved the form for submission of information on procurement of engineering products included in the list of prospective needs in accordance with paragraph 2 part 6 of article 3.1 of the Federal law of July 18, 2011. No. 223-FZ "on procurement of goods, works and services by certain types of legal entities" (hereinafter –the Law No. 223-FZ) necessary for the implementation of investment projects included in the register of investment projects, including information on the procurement of engineering products, which by the decision of the Government Commission on import substitution and in accordance with paragraph 3 of part 8 of article 3.1 of the Law No. 223-FZ are not subject to placement in the EIS. The form of notification on inclusion of the investment project in the register of investment projects was also approved.
This question was answered by experts of the Ministry of Finance. In their opinion, recipients of means of the Federal budget can sign new contracts within the unused limits of the budget obligations formed by results of competitive procedures at determination of the contractor begun till October 1 of the current financial year, at observance of the conditions provided by item 14 of Regulations on measures for ensuring execution of the Federal budget (further – Provision).