Law on optimization of public procurement adopted

4 August 2021, Wednesday

Federal Law No. 360-ФЗ dated July 2, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter - Law No. 360-ФЗ) introduces a significant number of changes to Federal Law No. 44-ФЗ dated April 5, 2013 "On the contract system in the sphere of procurement of goods, works, services to meet state and municipal needs "(hereinafter - Law No. 44- ФЗ), aimed at optimizing and automating the procurement process. In particular, it is envisaged to improve the procedure for determining a supplier (contractor, performer) and the introduction of electronic document management throughout the entire life cycle of the purchase, including electronic registration.

The number of open competitive purchases is decreasing. Customers will only apply open e-tenders, auctions and quotes. The notice will become the main purchasing document. Documentation is required only for closed competitive procedures. The terms for placing the notice will be shortened. Thus, an electronic tender will need to be announced at least 15 days before the deadline for submission of applications (now the deadline is in business days), a request for quotations - at least 4 business days before the deadline for submission of applications (now - 5 business days). It will be possible to change the purchase notice 1 working day before the deadline for submission of bids. A universal prequalification for competitive procurement procedures is being introduced. Participants will have to confirm the experience of executing at least one contract (44-ФЗ) or an agreement (223-ФЗ) over the past 3 years, if the initial (maximum) contract price is 20 million rubles. and more. The price of the executed transaction must be at least 20% of the initial (maximum) contract price; it is possible to submit contracts taking into account the legal succession.

These changes come into force on January 1, 2022, with the exception of certain provisions.

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