Federal Law "On the Contract System in the Sphere of Public Procurement" N 44-FZ

The law on the contract system in the field of procurement of goods, works, services to meet state and municipal needs is intended to replace the Law on the placement of state (municipal) orders.

The purpose of the contract system is to introduce a single transparent cycle for the formation, placement of government orders and execution of government contracts.

Special attention is paid to planning purchases, assessing their feasibility. Customers are required to draw up procurement plans (for the period of validity of the act on the corresponding budget) and annual procurement schedules. Rationing is introduced - the establishment of requirements for purchased goods, works, services, including their maximum price. This should exclude the unjustified purchase of luxury goods and goods (services) of the "luxury" category. Obligatory public discussion of purchases worth more than 1 billion rubles is envisaged.

The law establishes the following methods of placing orders. In addition to electronic and closed auctions, various types of tenders can be used, as well as a request for quotations (proposals) and purchases from a single supplier. The ability to conclude a contract with a single supplier is retained if competitive order placement procedures did not take place (but under certain restrictions).

Methods for determining the initial (maximum) contract price are prescribed. To combat dumping, an obligation is introduced for participants in tenders and auctions to provide increased security if their offered price falls below the starting price by 25%. Pre-qualification selection is envisaged when holding a tender for the supply of goods (works, services) of a highly complex, innovative or specialized nature.

It is possible to conclude life cycle contracts (for the purchase of goods and their subsequent maintenance, operation, repair and disposal). Banking support of contracts is being introduced. Calculations in the course of the execution of the contract, accompanied by the bank, will be reflected in the accounts opened in it.

When making purchases, benefits are provided not only to institutions of the penal system, organizations of persons with disabilities, small businesses, but also socially oriented non-profit organizations. Government customers are obliged to give priority to innovative products. In addition, the procurement of foreign goods and services is limited (and not only in the field of defense and security).

It is envisaged to maintain a register of bank guarantees issued as security for an application for participation in a tender or a closed auction, or as security for the execution of a contract.

Another innovation is that electronic platforms should return to the auction participants not only the collateral they contributed, but also the income received from it.

The procedure for changing and terminating the contract has been settled. Monitoring of purchases and audit of the results of contract execution are provided.

To ensure transparency of procurement, a unified public information system is being created. It contains procurement plans, data on their implementation, registers of concluded contracts and unscrupulous suppliers, a library of standard contracts, catalogs of goods (works, services), the results of monitoring and audit of purchases and much more.