Legal services. Legal services Changes in 44 Federal Laws
Electronic procurement starts in July. This means that customers under 44-FZ will be able to conduct electronic tenders, electronic requests for proposals and electronic requests for quotations. The transition to electronic forms of competitive procedures will greatly change the working rules for all participants in the contract system. Let's consider the main changes to 44-FZ from July 1, 2018.
44-FZ from July 2018 briefly:
☆ unified register of procurement participants;
☆ "Independent Registrar" system;
☆ new rules for securing applications;
☆ new procedure for working with electronic signatures;
☆ providing the application only with money;
☆ the timing of all competitive procedures has changed;
☆ and much more.
New terms will appear in the conceptual apparatus. In Article 3 of Law No. 44-FZ, new concepts with explanations will appear. In separate paragraphs, the article will introduce definitions of an electronic platform, a specialized electronic platform and the operators of these platforms. Follow the changes in the latest edition of 44-FZ »
A new register will be introduced into the UIS. From July 1, 2018, a new register will appear in the UIS - a unified register of procurement participants. The treasury will be entrusted with maintaining the register. Additional subclause 6.1, clause 6, part 3 in Article 4 of Law No. 44-FZ was introduced by Law No. 504 of December 31, 2017.
New state information system “Independent Registrar”. It is needed to track the actions of procurement participants and customers. And record, including on video, who did what. will help all participants in the contract system in resolving disputes. For example, it will help to record the inoperability of the UIS on the last day of posting information to the contract register. This will save the customer from a fine of 20 thousand rubles.
New rules for securing applications will come into effect. Important changes to 44-FZ from July 2018 will affect the rules for securing applications. Since July, procurement participants have been depositing bid security in special banks that will be selected by the Government. Only government institutions were exempted from the obligation to provide security for applications. And preferential terms of support for the NSR and SONO were removed from the law altogether. The benefit for procurement participants from the category of institutions of the penal system and organizations of the disabled is expressed in the provision of applications in an amount that cannot exceed 2% of the NMCC. A complete table of the new rules and 6 examples of how to write conditions in the documentation
An expert will tell you why your colleagues make mistakes when setting up application security
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An expert will explain why your colleagues make mistakes when setting up application security
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A separate article will appear about the features of electronic procedures. The next item in the review of changes to Federal Law 44 from 07/01/2018 includes. The Law on the Contract System will be supplemented with Article 24.1, dedicated to the features of electronic procedures. There will also be new articles dedicated to each electronic procedure. Our expert materials will help you understand all the variety of new things.
The list of uniform requirements for procurement participants will be added. Previously, in order to become a procurement participant, it was necessary to confirm compliance with the uniform requirements under Part 1 of Article 31 of Law No. 44-FZ. The last tenth item on the list of requirements was information that the procurement participant is not an offshore company. Now part of the article ends with clause 11. In accordance with the requirements of the new clause, participants will be required to confirm that they have no restrictions for participating in the procurement. The clause that the operator of the electronic platform checks participants for offshore status has become invalid.
The refinancing rate was changed to the key rate. Corresponding changes were made to Article 34 of Law No. 44-FZ. Now, if the customer violates the terms of the contract, the supplier has the right to collect a penalty from the customer and the penalty will be calculated based on the key rate. Similar conditions apply to the supplier if he has overdue obligations under the contract. Do not forget that penalties are charged for each day of delay and only for late obligations. For other violations a fine is imposed.
We have collected all the fines on one page so that you know how much to collect from the violating supplier and how much you will pay for your own mistake if you violate the contract yourself. Use automatic calculations
Catalog in the singular. Previously, the law on the contract system mentioned catalogs of goods, works and services. Now the multiple “catalogues” have been changed to a single “catalog” - meaning the catalog of industrial goods and materials, which customers are required to use to describe the procurement item.
How to use the TRU catalog correctly: step-by-step instructions
The catalog of goods, works and services is a subsystem in the UIS that you use to describe the procurement object. You use information from KTU in planning documents, notices, procurement documentation, and contracts. We have compiled step-by-step instructions to help you use the catalog correctly. See when it is used and how to find information in it.
They will be required to provide applications in competitions and auctions with a small NMCC. Law No. 44-FZ itself specifies the range within which the customer may require security for applications for participation in procurement. And the beginning of the NMCC for this range is 5 million rubles. It is also indicated that the government has the right to establish its own order and the government has established it. It obliged customers to establish application security in competitions and auctions at NMCC from 1 million rubles. But the amount of security was not indicated.
New procedure for working with electronic signatures. As of July 1, unqualified electronic signatures are no longer used. Only qualified personnel may be used.
Applications will only be supported by money. Bank guarantees to secure applications from potential participants in electronic procedures will not be accepted. The participant will be able to secure an application in electronic procedures only with money.
The timing of all competitive procedures will change. For example, the time frame for reviewing the first and second parts of applications in an electronic auction will be reduced. The electronic request for quotation procedure will also take less time than the paper procedure. There is no universal way to calculate all deadlines at once. Because each procedure has its own time frame and its own procurement stages. We have developed a Time Map that will make it easier for you to calculate the calendar dates of purchases, which means you will not make a mistake and receive a fine. Download and install it on your computer.
Competition is no longer the preferred method of procurement. Until July 1, customers under 44-FZ were required to conduct procurement through open competition in all cases, with some exceptions. On July 1, this clause became invalid.
In December 2017, final amendments to Federal Law 44 were adopted, bringing changes for suppliers and customers.
We will talk about the most significant innovations coming into effect in 2018 - 2019.
From July 1, 2018 customers optional will be able to conduct open procurement electronically. The following types of procedures can be used to determine the supplier:
open competition in electronic form;
competition with limited participation in electronic form;
two-stage competition in electronic form;
request for proposals in electronic form;
request for quotes in electronic form;
electronic auction.
From January 1, 2019 customers will be obliged use only e-procurement to identify the supplier.
By decision of the Government of the Russian Federation, closed procedures can also be carried out electronically.
The innovation significantly simplifies the participation of suppliers from other regions, and also eliminates the need to pay for courier and postal services. It is worth noting that the possibility of damage to envelopes with applications and preliminary illegal viewing of applications by customers is excluded (in case of unlawful actions on the part of the tender organizer).
However, this requirement introduces another necessity: all participants must obtain an electronic digital signature and accreditation on electronic platforms.
The list of sites where electronic procurement will be carried out within the framework of 44-FZ is established by Government Order dated July 12, 2018 No. 1447-r.
Qualified electronic signature
From July 1, 2018 To participate in electronic procurement, only a qualified electronic signature is used.
This innovation will most likely affect the process of obtaining an electronic signature and the work of certification centers. It is also possible that this innovation will affect prices for digital signatures.
Registration in the EIS
The next innovation of 44-FZ will oblige participants to register in the Unified Information System during 2019 to participate in electronic procedures.
Those suppliers who are accredited to the ETP must register in the EIS before December 31, 2019. It is only necessary to update the information and documents provided for in Article 62 of Law No. 44-FZ on the ETP by January 1, 2019.
If the participant has nothing: no accreditation, no special account, then first you need to register in the Unified Information System, and then the information will be transferred to the sites for accreditation. (The participant will not have to undergo accreditation independently; all data will be pulled from the Unified Information System).
Bank guarantee to secure the application
From July 1, 2019 year, the participant will have the right to determine how to provide security for an application for participation in an open competition, a competition with limited participation, a two-stage competition or an auction in electronic forms. In addition to cash, a bank guarantee can be used.
This innovation is directly related to the transition to electronic trading. The choice of supply method will have a positive effect on competition in procurement, because will allow a larger number of participants to participate in the procedure for identifying a supplier.
Amount of application security since 2018
The new rules will also be applied to the calculation of application security for participation in electronic procedures for determining a supplier.
This list includes the following banks:
1. Public joint-stock company "Sberbank of Russia"
2. VTB Bank (public joint stock company)
3. "Gazprombank" (Joint stock company)
4. Joint Stock Company "Russian Agricultural Bank"
5. JOINT STOCK COMPANY "ALFA-BANK"
6. "CREDIT BANK OF MOSCOW" (public joint-stock company)
7. Public joint stock company Bank "Financial Corporation Otkritie"
8. Joint Stock Company "Raiffeisenbank"
9. Public joint stock company ROSBANK
10. Joint Stock Company "All-Russian Regional Development Bank"
11. Public joint-stock company "Promsvyazbank"
12. Joint Stock Company "Joint Stock Bank "RUSSIA"
13. PUBLIC JOINT STOCK COMPANY "BANK "SAINTPETERSBURG"
14. Public joint-stock company "Sovcombank"
15. RUSSIAN NATIONAL COMMERCIAL BANK (public joint-stock company)
16. Joint-stock commercial bank "RosEvroBank" (joint-stock company)
17. Joint Stock Company "OTP Bank"
18. Joint Stock Company "UniCredit Bank"
OOO ICC"RusTender"
The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation
Several important changes for auction participants and bidders will come into effect next year. The editors of the site have prepared an overview of the main amendments to the legislation in the field of procurement under 44-FZ and 223-FZ, so that readers are aware of the innovations.
Amendments for customers and suppliers under Law No. 223-FZ
1. SMEs will have more customers
In 2019, the provisions of Government Resolution No. 1383 of November 15, 2017 will come into force, providing, among other things, for expanding the list of companies that are required under 223-FZ to purchase goods, works and services from small and medium-sized businesses (SMEs). In particular, state-owned companies with annual revenues exceeding 0.5 billion rubles and autonomous institutions whose annual procurement volume exceeds 250 million rubles will be required to comply with procurement quotas.
Another important amendment for business is spelled out in Decree of the Government of the Russian Federation dated August 19, 2016 N 819. According to it, the annual volume of purchases of goods, works, and services from SMEs increases from 10 to 15 percent. Moreover, we are talking about the total annual value of contracts concluded with small companies, and the annual volume of purchases that are planned to be carried out based on the results of tenders for small and medium-sized businesses.
Taking into account these changes, customers will have to fill out an updated form for the annual report on the purchase of goods, works and services from SMEs. It will additionally contain lines to indicate:
- information on the share of purchases from small companies in the total annual value of contracts;
- information on the share of procurement in the total annual value of contracts based on the results of tenders or other procurement methods, the participants of which are only SMEs.
2. Control over procurement of individual companies will be tightened
From March 1, 2019, in relation to state-owned companies and their subsidiaries that annually purchase in excess of 1 billion rubles, they will begin to assess the conformity of draft plans for the procurement of goods, works, services, draft plans for the purchase of innovative products, high-tech products, medicines, draft changes included in such plans. The same documents will be checked from municipal companies and their subsidiaries if their purchase volumes exceed 50 million rubles, as well as from credit companies whose annual revenue from the sale of services exceeds 500 million rubles.
And from June 1, 2019, SME Corporation JSC will begin to monitor the compliance of plans of subsidiaries of state corporations and state-owned companies purchasing in the amount of 250 million to 1 billion rubles. In the meantime, the executive authorities of the constituent entities of the Russian Federation and (or) the organizations created by them will check the compliance of procurement plans from state unitary enterprises, municipal unitary enterprises, and other municipal organizations whose assets exceed 10 billion rubles and which enter into procurement agreements during the year for an amount exceeding 50 million rubles.
Amendments relating to procurement carried out under Law No. 44-FZ
3. Not all banks’ guarantees are suitable for securing applications and contracts
From January 1, the requirements for banking institutions whose guarantees are allowed to be used to secure applications for participation in procurement under Law No. 44-FZ and to secure government contracts will be clarified. According to Art. 12 of Federal Law No. 267-FZ of July 29, 2017, the government approves the requirements for the size of the bank’s own funds (capital) and the level of its credit rating.
To make it easier to navigate, the list of banks that meet all the requirements will become public. It can be found on the Ministry of Finance website.
4. Reference data on goods, works and services will appear in the UIS
From January 1, the requirement to supplement the catalog of goods, works, and services to meet state and municipal needs in the unified information system (UIS) in the field of procurement with reference information comes into force. The system will include:
- information on adopted technical regulations, documents developed and applied in the national standardization system, which apply to goods, works and services;
- codes corresponding to the product, work, service in accordance with Russian and international classification and cataloging systems (if available);
- information on standard contracts, standard contract terms to be applied when purchasing goods, work, services (if available);
- date of inclusion in the catalog of the item;
- the date(s) of the beginning of mandatory application of the information included in the catalog item;
- expiration date for the catalog item (if necessary);
- additional information, including on the characteristics of goods, their manufacturers, trade names, names of places of origin of goods, prices per unit of quantity of goods, volumes of work, services and (or) prices per unit of measurement of quantity of goods, terms of delivery of goods, performance works, provision of services.
In addition, starting from the new year, information and documents (procurement plans, procurement schedules, notices, protocols, draft contracts) with errors identified during inspections will not be able to enter the Unified Information System. In 2019, this rule will apply only to information about procurement carried out for federal needs. In another year, the requirement will apply to municipal customers (Resolution of the Government of the Russian Federation of March 20, 2017 N 315).
9. The register of contracts will be supplemented with new information
Based on Government Decree No. 443 of April 13, 2017, the customer will enter into the contract register information about all co-executors, subcontractors from among small businesses and socially oriented non-profit organizations that have entered into agreements with the main supplier (contractor) under a government contract. In particular, the register of contracts will contain data on the location of the co-executor (subcontractor), his tax identification number, date of conclusion and contract number (if any), subject and price of the contract with the co-executor (subcontractor).
10. Innovations for individual areas
Let's briefly talk about the new rules for some areas.
- Decree of the Government of the Russian Federation dated November 15, 2017 N 1380 defines the features of the description of medicinal products for medical use, which are the object of procurement to meet state and municipal needs.
- Starting from the new year, an obligation has been introduced to conduct exclusively electronic tenders to set prices for services for the collection and transportation of solid municipal waste for the regional operator (Resolution of the Government of the Russian Federation of November 3, 2016 N 1133).
- When supplying lighting fixtures for buildings, highways and city streets, the share of lighting fixtures other than LEDs is set at 70% of the total volume of such orders (in physical terms). This is stated in
On January 1, 2019, further changes to the procedure for purchasing goods, works and services for state and municipal needs came into force. Experts from the Credit and Insurance Agency will tell our readers what awaits government procurement participants in the new year.
Transition to e-procurement
Perhaps the most important change in the procedure for conducting public procurement is the transfer of procurement procedures to electronic form. This work began back in 2018, but from July 1, 2018, electronic procurement was the right of the customer. From January 1, 2019, this became mandatory. Purchases will be carried out electronically in the form:
Auction;
Competition;
Request for quotations;
Request for proposals.
In a number of individual cases, it will be allowed to carry out procurement in “paper form”. But this applies to closed procurements and emergency situations, the list of which is determined by Law No. 44-FZ “On the contract system in the field of procurement”:
Ensuring the customer’s activities on the territory of a foreign state (Article 75, 111.1);
Providing emergency medical care in an emergency or emergency form (Article 76);
Providing humanitarian assistance or eliminating the consequences of natural or man-made emergencies (Articles 80, 82);
Conducting closed procurements (Article 84);
Procurement from a single supplier (Article 93);
Conduct of procurement in accordance with the decision of the Government of the Russian Federation (Article 111).
Registration of procurement participants in the Unified Information System. Formation of ERUZ
On January 1, 2019, the provisions of Art. 24.2 of Federal Law No. 44-FZ “On the contract system in the field of procurement.” The article provides for mandatory registration of all bidders in the Unified Procurement Information System (UPI). The Unified Register of Procurement Participants (URPZ) has been created in the UIS, where information about participants who have registered is automatically entered. The Federal Treasury has been appointed responsible for the creation and maintenance of the ERUZ.
Registration in the Unified Information System is carried out electronically; in order to register, procurement participants will need.
Registration will be free of charge, its validity period will be 3 years, registration can be renewed no earlier than 6 months before its expiration.
An important feature is that companies registered in offshore zones will not be able to register in the Unified Information System and take part in government procurement.
You can read more about registering procurement participants in the Unified Information System in the article on our website.
Registration of suppliers in the Unified Information System
Changing the accreditation procedure on trading platforms
From January 1, 2019, Article 61 of Law No. 44-FZ, which regulates the accreditation of participants on electronic platforms, has lost force. At the same time, the accreditation procedure, according to which procurement participants were required to undergo the accreditation procedure on each of the electronic platforms, ceased to apply. From January 1, 2019, it is possible to obtain accreditation for an electronic signature only by registering with the Unified Information System.
Procurement participants who are registered in the Unified Information System and entered into the ERUZ automatically receive accreditation on all electronic trading platforms approved for working with government procurement. Accreditation will be carried out by operators of electronic platforms within 1 working day from the date of completion of registration in the Unified Information System.
VAT increase to 20 percent
On January 1, 2019, Law No. 303 of 08/03/2018 comes into force, providing for an increase in value added tax (VAT) from 18 to 20 percent. At the same time, the preferential VAT rate of 10% for certain types of food products, children's goods, and medicines remains unchanged. 
The new VAT rate must be taken into account by customers when calculating the initial maximum contract price (IMCP) for procurement in 2019. Procurement participants must remember that, according to the new edition of clause 13 of Art. 34 of Law No. 44-FZ, which came into force on July 1, 2018, the contract includes a mandatory condition on reducing the amount payable by the customer to a legal entity or individual, including one registered as an individual entrepreneur, by the amount of taxes, fees and other obligatory payments to the budgets of the budget system of the Russian Federation related to payment for the contract, if in accordance with the legislation of the Russian Federation on taxes and fees such taxes, fees and other obligatory payments are subject to payment to the budgets of the budget system of the Russian Federation by the customer.
In other words, if the customer is a VAT payer, then when paying for goods supplied, work performed or services rendered, he must automatically reduce the amount of payment due to you by the amount of VAT payable to the budget. And if your company is not a VAT payer, this means that you will receive 20% less than the price specified in the contract, and in turn will not be able to deduct VAT.
What will happen to contracts concluded before January 1, 2019, if payment for them is made after the VAT increase?
Initially, the Ministry of Finance decided that for long-term contracts, the VAT increase would fall on the shoulders of the performers. The agency considered that an increase in the tax rate is a commercial risk for the contract executor. According to Law No. 44-FZ “On the contract system in the field of procurement”, the contract price is fixed and is determined for the entire execution period. Procurement participants know that the contract price cannot be changed and agree to the customer’s terms and conditions by submitting bids.
This position was set out in the information letter of the Ministry of Finance of Russia dated August 28, 2018 N 24-03-07/6124.
But on December 27, 2018, the President of the Russian Federation signed Law No. 502-FZ “On Amendments to the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Works, and Services for State and Municipal Needs.”
In accordance with the new edition of Law 44-FZ, which has already entered into force, in connection with the increase in the VAT rate to 20%, it is allowed, by agreement of the parties, to change the price of contracts concluded before January 1, 2019 within the limits of the increase in VAT in relation to goods, works, services, which are accepted after January 1, 2019. This condition will be valid until October 1, 2019.
Preferences for medicines from EAEU countries 
On January 1, 2019, amendments to the Decree of the Government of the Russian Federation of November 30, 2015 N 1289 “On restrictions and conditions for the admission of medicinal products originating from foreign countries, included in the list of vital and essential medicinal products, for the purpose of procurement to ensure state and municipal needs" (Resolution on amendments dated May 12, 2018 No. 572).
The changes introduced during government procurement provide an advantage to medicines from Russia and other EAEU countries - Armenia, Belarus, Kazakhstan and Kyrgyzstan. Medicines, all stages of production of which were carried out on the territory of the EAEU member states, receive 15% price preferences provided for by Order of the Ministry of Economic Development dated March 25, 2014 No. 155.
Changes in reporting on purchases from small businesses
From January 1, 2019, the procedure for calculating the volume of purchases from small businesses has changed. Customers were allowed to include in the calculation of the total annual volume of purchases purchases from a single supplier from among small businesses (SMBs) or socially oriented non-profit organizations (SONCOs), which are carried out if the competitive method of determining a supplier (among SMBs) is declared invalid.
According to Part 4 of Art. 30 44-FZ, the customer can also cancel the restriction on participation in the procurement only by representatives of SMP and SONKO in the event that the initial competitive procedure was declared invalid either due to the rejection of all applications, or in the absence of applications for participation (or final proposals).
This innovation significantly simplifies life for customers, because... in accordance with current legislation, at least 15% of contracts must be concluded with representatives of SMP or SONCO. And taking into account purchases from a single supplier, which will begin to be taken into account in the total annual volume, achieving the established norm of 15% will become easier.
Let us recall that in 2018, the total volume of purchases from SMP and SONKO did not include contracts concluded with a single supplier.
Changing the procedure for calculating payments under government contracts with advance payment
From January 1, 2019, customers are required to include in the terms of contracts that provide for an advance payment the procedure for calculating subsequent payments. This is due to the entry into force on January 1, 2019 of the Government of the Russian Federation Decree No. 1430 dated November 28, 2018 “On amendments to the Regulations on measures to ensure the execution of the federal budget.”
There are two payment methods: 
1. If the contract does not contain stages of work or the stages are performed sequentially, then the amount of subsequent payments is calculated as the difference between the cost of goods actually delivered, work performed, services rendered and the total amount of the previously paid advance payment.
2. If the contract contains stages of its execution, the completion dates of which coincide, then the amount of subsequent payments is calculated as the difference between the cost of goods actually delivered, work performed, services rendered and the amount calculated as the product of the amount of the advance payment provided for in the contract in percentage terms and the cost of actually delivered goods, work performed, services provided.
The specified payment procedure applies only to federal customers. In 2018, such a procedure was provided for government contracts with treasury support for advance payments.
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Clarification of anti-dumping measures
From January 1, 2019, if at an initial (maximum) contract price of up to 15 million rubles, the price during the bidding process drops by more than 25%, the amount of contract performance security increases by 1.5 times, or information about the contractor’s integrity is provided with simultaneous provision of contract performance security in the amount specified in the procurement documentation.
Cancellation of application security for state unitary enterprises and municipal unitary enterprises
From January 1, 2019, state and municipal institutions are exempt from the need to provide application security for participation in procurement procedures.
Cancellation of external examination
From January 1, 2019, external expertise is not required if the contract was concluded as a result of failed electronic procedures.
We told you about the most important changes to the procedure for state and municipal procurement, which will come into force on January 1, 2019. But the list of upcoming innovations in 2019 does not end there. Just some changes will take effect a little later:
Mandatory use of the Unified Trade Aggregator “Beryozka”
From March 1, 2019 It will become mandatory to use the Unified Trade Aggregator (EAT) “Beryozka” for government customers to carry out purchases for small amounts.
You can read more about EAT “Beryozka” in the article on our website. 
Expansion of methods for securing applications
From July 1, 2019 The procurement participant will have the right to independently choose the method of securing applications for participation in electronic procurement. In addition to depositing funds into a special account, bank guarantees can be used as security for applications. This will make it easier for many companies to access procurement.
Reducing the amount of contract performance security by the amount of fulfilled obligations
From July 1, 2019 the size of the contract performance security is reduced in proportion to the cost of the fulfilled obligations, acceptance and payment of which by the customer were carried out in the manner and within the time frame stipulated by the contract.
In this case, the reduction in the amount of security for the performance of the contract provided in the form of a bank guarantee is carried out by the customer by waiving part of his rights under this guarantee. The date of such refusal is considered to be the date of inclusion of information about the partial fulfillment of obligations under the contract in the relevant register of contracts. If a new (reduced) security for the performance of the contract is provided, the customer does not return the guarantee to the bank, and collection under such a guarantee is not made.
Replacement of a bank guarantee in case of revocation of a bank's license
From July 1, 2019 in case of revocation of the license from the guarantor bank, the procurement contractor is obliged to provide new security for the execution of the contract no later than 1 month from the date of receipt of notification from the customer. This provision must be included in the contract. In this case, the amount of security may be reduced by the amount of fulfilled obligations under the contract.
Creation of the GIS “Independent Registrar”
From October 1, 2019 The state information system (GIS) “Independent Registrar” should start operating. The system is designed to monitor the performance of the UIS and electronic platforms, recording the actions or inactions of procurement participants in the UIS and on the electronic signature, as well as storing the specified information. It is expected that the use of the GIS “Independent Registrar” will increase the transparency of procurement and reduce the number of violations during procurement procedures.
If you want to know what other changes to 44-FZ await you in the near future, read the new article on our website “The most important directions for reforming the public procurement system for the period until 2024.” You won't believe it, the main innovations are yet to come!
You can find out about the latest changes to Federal Law 44, adopted in April 2019, in a new article on our website. The main changes will come into force on July 1, 2019. But some have already begun to operate from May 1 and May 12, 2019. Don't miss important changes in legislation, stay up to date!
Stay up to date with events -
The main changes in 44-FZ since 2018 concerned the requirements for the form of a procurement plan for the needs of a constituent entity of the Russian Federation and municipal needs (Resolution No. 1043 dated November 21, 2013). From 01/01/2018, the total amount of funds for each BCC code (budget classification code) and for each subsidy agreement must be indicated on separate lines.
The new provisions of 44-FZ in 2018 will also affect the form of the schedule (Resolution No. 554 dated 06/05/2015). Now the justification for the initial (maximum) contract price must contain an indication of the quantity and units of measurement of goods, works, services (if available).
Additional requirements for the formation of state assignments for the provision of public services
In accordance with Resolution No. 640 dated June 26, 2015, federal institutions (budgetary, autonomous and government) need to formulate state assignments in a new way.
From January 1, 2018, customers must use all-Russian basic lists and federal classifiers (Resolution No. 1101 dated September 13, 2017). The formula for calculating financial support for fulfilling a state task has also been clarified.
Clarification of positions in the catalog of goods, works, services
From 01/01/2018, reference information is included in the catalog position: codes corresponding to the product, work, service in accordance with Russian and international classification and cataloging systems, and information about standard contracts to be applied (if any).
In addition, the product description now includes information about the technical regulations that apply to it (Resolution of the Government of the Russian Federation dated 02/08/2017 No. 145).
Planning of purchases from small and medium-sized businesses (SMEs) in procurement under 223-FZ and reporting
A certain list of customers operating within the framework of 223-FZ must comply with the rules of procurement from SMEs. Thus, previously, all organizations 223-FZ (Part 2 of Article 1) and credit societies whose annual sales revenue or assets amounted to more than 2 billion rubles were required to make purchases from SMEs in the amount of at least 18% of total annual value of contracts. 223-FZ in 2018, in accordance with Resolution No. 1383 dated November 15, 2017, provides for a reduction in the threshold values of revenue and the value of assets of customers required to comply with this rule: from 500 million rubles. (for autonomous institutions - from 250 million rubles).
The minimum level of the annual volume of purchases that are planned to be carried out based on the results of purchases is also being increased (participants are only small and medium-sized businesses), from 10 to 15%.
From 01/01/2018, new points are introduced into the report form (Resolution dated 05/20/2017 No. 608). So, if previously the customer indicated only the annual volume of purchases and the number of contracts from small and medium-sized enterprises in the aggregate (SMEs), then from the new year they must be indicated separately from the group of small enterprises (SME).
Unified rules for describing medicinal products
When purchasing medicines, customers are required to reflect in the documentation the dosage form of the drug, its dosage, and remaining shelf life.
There are exceptions for certain orders, for example, tenders for 2018 for the purchase of drugs necessary to prescribe to a patient for medical indications, by decision of the medical commission of a medical organization, allow the indication of trade names. Government procurement for 2018 of medicines intended exclusively for use in pediatric practice - an indication of the age of the child, intended for parenteral use - an indication of the route of administration (injection or infusion).
Full requirements are specified in Resolution No. 1380 dated November 15, 2017.
New requirements for banks issuing guarantees
Changes in 44-FZ from January 1, 2018 also affected the requirements for banks from which guarantees can be obtained. Now the requirements are defined in the Tax Code of the Russian Federation. According to the innovations, customers will have to accept bank guarantees that meet government requirements. They have not yet been installed. It is proposed to postpone the entry into force of amendments to Law No. 44-FZ on new requirements for banks from January 1 to June 1 next year.
New type of supplier register
At the moment, authorities that have entered into a contract providing for reciprocal investment obligations of the supplier-investor to create production of goods maintain this information on their websites on the Internet (Resolution No. 231 dated February 27, 2017). Starting from the new year, the register of sole investor suppliers will be maintained electronically in the Unified Information System (UIS) (Resolution No. 442 dated April 13, 2017).
Product energy efficiency requirements
When describing the procurement object, the customer must take into account the provisions of Order No. 362 of the Ministry of Economic Development of Russia dated June 09, 2016. The share of lighting devices other than LEDs when placing government orders for the supply of lighting devices for buildings, highways and city streets should not exceed 70% in 2018 of the total volume of such orders in physical terms (in 2018 - 90%).
Failure to post information in the UIS
In relation to customers making purchases to meet federal needs, the provisions regarding the non-placement of control objects in the Unified Information System until the identified violations are eliminated (Resolution No. 315 dated March 20, 2017). Let us remind you that in order to pass control, the customer must take into account that the amount of financial support specified in the procurement documents should not exceed the limits of budget obligations and payment indicators for financial and economic activity programs.
Procedure for maintaining the register of contracts
According to Decree of the Government of the Russian Federation dated April 13, 2017 No. 443, the Treasury of Russia is resuming verification of certain information sent by customers to include data on contracts in the register for their consistency (term of contract execution, quantity of goods, volume of work and services, units of measurement, etc.) .
