Senators submitted to the State Duma a draft law on reforming the contract system
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Chairman of the Federation Council (SF) Valentina Matviyenko, together with a group of senators, submitted to the State Duma amendments to federal law No. 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, which, according to them, should improve the efficiency of relevant procedures. The co-author of the amendments, vice-speaker of the Federation Council Nikolay Zhuravlev, said that the draft law was prepared “in order to simplify, increase the efficiency and efficiency of meeting state and municipal needs, and eliminate unnecessary time expenditures of customers in the course of procurement.” True, the initiative submitted to the State Duma turned out to be not as radical as the senators initially announced.
At a meeting of the upper house of parliament, Matvienko proposed to impose a moratorium on the implementation of federal law No. 44 until the end of the military operation in Ukraine. This is how she reacted to the proposals of her colleague Zhuravlev, who called on the regions to “provide maximum assistance to accelerate” the implementation of infrastructure projects, contracts for which must be concluded before June 1 (for federal facilities) and before July 1 (for regional ones). “The time is such that it is necessary to accelerate, to ignore redundant procedures,” the vice speaker said.
Matvienko, in turn, noted that “even if everything goes according to plan, there is almost half a year left from July 1 until the end of the year for the development of funds allocated for social facilities, schools, kindergartens, roads, etc.” . For the northern regions, the speaker of the Federation Council noted, “this is generally unacceptable – there is a short construction period, because of frost, etc.” She suggested “taking into account the current conditions, the new reality in which we live, not to cling to any dogma”: “Maybe we should impose a moratorium on the 44th law and make it possible to quickly master the funds? Because the 44th law was presented as a fight against corruption, putting things in order.”
The simplification of the contract system was then supported by a number of senators and experts. The interlocutor of Vedomosti in the industry noted that Matvienko came up with an initiative in a timely manner, which would allow not to stretch the procurement process for many months, especially in the state defense order sector. This will not only speed up the process of interaction in strategic sectors, but also give impetus to the development of the real sector and the economy as a whole, said the source of Vedomosti.
As a result, the bill does not provide for a moratorium on the entire 44th law (in fact, this would mean its abolition), but it does involve changing a number of its key parameters.
It is about raising the price threshold for an electronic request for quotations from 3 million to 10 million rubles. and removal of restrictions on the volume of such purchases. For small purchases in electronic form using electronic platforms, the price threshold is proposed to be increased from 3 million to 5 million rubles. The explanatory note to the draft law states that these measures are aimed at more prompt satisfaction of the customer’s need for a product, work or service.
The senators also propose to simplify the procedure for concluding a contract with a procurement participant who received the second number according to the results of the tender, in case of termination of the contract with the winner due to circumstances beyond the control of the supplier, resulting in the impossibility of fulfilling the contract. The point is to free the customer from the need to enter the winner of the purchase in the register of unscrupulous suppliers.
The co-author of the bill, the first vice-speaker of the Federation Council, Andrei Turchak, indicated in his Telegram channel that “this will save a lot of time.”
“In order to reduce the time spent by customers on the purchase of goods, work, services, it is planned to reduce the time for agreeing to conclude a contract with a single supplier,” the explanatory note says. In addition, the amendments give customers the right to establish different amounts of advance payment in relation to the stages of contract execution, which provide for the preparation of project documentation and engineering surveys, construction, reconstruction, and overhaul of the facility. The senators provided for the right of customers to make purchases indicating a specific trademark without the obligation to take into account possible equivalents in individual cases due to the nature of such purchases.
Nikolai Zhuravlev stressed that unnecessary requirements related to the determination of the initial price of the contract (NMTsK) are excluded. “Customers have the right to independently develop rules for determining and justifying the NMCC, including taking into account the geographical and economic characteristics of the region, the level of competition in the market for a particular product, as well as modern methods and methods for obtaining information on market prices for goods, works, services,” he quotes. words of the press service of the Federation Council.
Thus, customers will be able to independently develop rules for determining such a price, taking into account the geographical and economic characteristics of the region, Andrey Klishas, co-author of the amendments, head of the chamber committee on constitutional legislation and state building, wrote in his Telegram channel.
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