Payment of an advance on state contracts may be prohibited if the results of trading their price will decrease by 25% or more
The Russian government has submitted to the state Duma a bill aimed at improving and accelerating procurement procedures. Thus, as an anti-dumping measure, the document proposes to prohibit the payment of an advance at the conclusion of the contract with the bidder, who offered the price of the contract, which is 25% lower than its initial (maximum) price. It is assumed that this rule will apply to cases where the proposed price is reduced by more than 25% compared to the initial one.
In addition, if the document is adopted up to one day from the date of making changes to the schedule, the period for posting a notice on the implementation of the purchase, sending an invitation to participate in the determination of the supplier (contractor, contractor) in a closed manner will be reduced. It is also possible to increase the price at which it is allowed to conduct an electronic auction with a reduced seven-day deadline for applications to 50 million instead of the current 3 million rubles (part 2 of art. 63 of the Federal law of April 5, 2013 № 44-FZ "On the contract system in the procurement of goods, works and services for state and municipal needs"). And for purchases on performance of works on construction, reconstruction, capital repairs, demolition of capital construction object the mentioned price threshold can increase and to 500 million rubles.
In addition, the Cabinet considers it necessary to establish a rule according to which it will be possible to change the essential terms of the contract in the event of circumstances beyond the control of the parties to the contract for construction, reconstruction, overhaul, demolition of the capital construction project, which do not allow it to be performed. Also it may be possible in case of failure on the part of the contractor of the relevant contract within the prescribed period. It is expected that in this case, the term can be changed once to the date before the end of the contract, subject to payment of penalties by the contractor. Finally, among the planned innovations is the granting to the customer of the right to conclude a contract with the bidder, which is assigned a second number following the results of the competitive procurement in the event of termination of the contract with the winner of such procurement.
Document: Draft of the Federal law No. 682010-7