Елена Самтынова
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Как сообщила ФАС России, в целях совершенствования законодательства о контрактной системе Минфин России, ФАС России и Казначейство России подготовили оптимизационный пакет поправок, направленных на упрощение и повышение эффективности закупочных процедур, мотивацию добросовестных предпринимателей и предупреждение сговоров на торгах.
Отмечается1, что в число основных нарушений законодательства о контрактной системе, в частности, Федерального закона от 5 апреля 2013 г. № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» входят нарушения:
по размещению информации в ЕИС; порядка выбора способа определения поставщика (подрядчика, исполнителя); порядка отбора участников закупок; в области установления требований в документации о закупках, влекущие ограничение количества участников торгов; порядка заключения контракта или неправомерное изменение его условий, а также заключение контракта с нарушением объявленных условий закупок.
Ожидается, что с принятием законопроекта многие положения законодательства будут принципиально изменены. Так, например, поправки предполагают сокращение количества способов проведения закупок и полный отказ от цикличности. То есть, заказчику не нужно будет повторно объявлять торги, если никто на них не пришел. В этом случае он сможет обратиться в антимонопольный орган для согласования заключения контракта с единственным поставщиком.
Также по предложению ФАС России в законопроект включены положения о распространении практики «согласия» участника при проведении закупок в сфере строительства в случае размещения в ЕИС проектной документации, что позволит уйти от многостраничных заявок и искусственных причин для отклонения участников. Для снижения риска сговора на торгах предлагается начинать аукционы через два часа после окончания срока подачи заявок для всех видов товаров, работ, услуг. Кроме того, для борьбы с «профессиональными жалобщиками» и в целях повышения качества исполнения контрактов планируется ввести универсальную предквалификацию, что подразумевает подачу жалобы на закупку лицом, имеющим опыт исполненного контракта (договора), на сумму не менее 20% от его начальной цены для всех закупок свыше 20 млн руб.
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В числе инициатив также введение рейтинга деловой репутации предпринимателей, который будет формироваться в ЕИС на основе данных о качестве, количестве и стоимости исполненных контрактов. При этом компании с большим числом качественно исполненных контрактов должны иметь экономические преференции. В целях сбалансированности прав и обязанностей сторон будет усовершенствована процедура одностороннего расторжения контрактов. Предпринимателям будет предоставлено право обжалования решения заказчика об одностороннем расторжении контракта. Кроме того, изменения предполагают расширение функционала ЕИС: все жалобы будут подаваться исключительно через данную информационную систему с автоматическим уведомлением всех заинтересованных лиц. Также в ЕИС будет переведена вся претензионная переписка. Сообщается,что в настоящий момент оптимизационный пакет поправок проходит завершающие процедуры обсуждения в Правительстве РФ.
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1 С информацией ФАС России можно ознакомиться на официальном сайте Службы (https://fas.gov.ru/news/30482).
Russian
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