The Ministry of Finance finally finished the so-called optimization package of amendments to the law on public procurement (FZ-44) in accordance with the observations of other departments. Bill eventually saved previously announced, the rules on digitalization of all phases of the procurement, the reduction of their ways, and their unification. To further simplify the Finance Ministry intends to achieve by moving to the law of the rules of individual regulations, as well as through the empowerment of Contracting in the presence of a single supplier.As it became known “Kommersant”, the Ministry of Finance has finalized amendments to the law on public procurement, designed to simplify the procurement legislation. This “optimization” package is already under consideration at the White house. Prepared according to the instructions of the President and the government the changes planned to adopt back in the fall of 2019 should be the second part of the reform of the procurement legislation. However, their development was delayed due to multiple revisions according to the results of the parliamentary hearings and the additional instructions provided in the February edition also required improvements taking into account the comments of the FAS and new orders (see “Kommersant” on 27 February).However, the final version of the project (there is a “b”) has changed slightly: as expected, the number of types of procurement is reduced from 11 to 3 (competition, auction, inquiry of quotations), conducted harmonization of requirements for documentation. The draft kept provisions for the introduction of electronic document management at all stages of procurement (from planning to acceptance and filing of complaints), and generic pre-qualification for protection from unfair suppliers and the Complainants (for purchases of 20 million rubles.). Simplified Contracting for construction works (procurement of “turnkey” at all stages — from drafting project documentation to construction and reconstruction).Changes in the Federal law FZ-44 suppose further simplify the work with state orders: introduced a unified standard contracts — they will design the government (now along with the Federal agencies of such a right reserved for corporations). Of the regulations to the law will be postponed and a number of well-established rules: for example, the procedure of public discussion of procurement, joint procurement of departments and regions, the parameters of preferences for enterprises of the penal system and organizations of persons with disabilities. Will be expanded and the possibility of purchasing from a single supplier to the regional construction works and capital repairs (by the Governor) or material values from the state reserve.The bill introduces into law the concept of “reputation of the procurement participant” as an aggregate assessment of the experience of the supplier — at his appearance insisted the FAS. The idea of the service, the rating should automatically be assigned �� unified information system in the sphere of procurement, depending on the quality, quantity, and value of concluded contracts. With sufficient rating of the provider will be able to count on the preferences (cancellation or reduction of the security for the contract). How to apply the mechanism in practice, it is not yet clear: the amendments give the government the right to approve the rules of formation of the rating, in General, information about it will be included in the unified register of procurement participants and is available for review. Note that the project failed to implement the idea of FAS on the reduction of the duration of the auction to two hours — it will amount to a maximum of three hours, a further reduction would be contrary to the norms of the EAEU.A range of point of amendments in the procurement legislation applies to the provision of security for contracts — so, in addition to the Bank guarantee now suppliers are able to guarantee the web.Of the Russian Federation, and the small business is the guarantee of regional guarantee organizations. In the process of finalizing the project was deprived of norms on inclusion of banks in the number of control subjects according to the law on public procurement — we will remind, earlier it was to toughen responsibility of banks to participants of the purchase for late allocation of funds to special accounts. (see “Kommersant-Online” dated 17 February). Apparently, to achieve the consent of the Bank of Russia on the emergence of such a rule failed.Diana Galieva
