Екатерина Чернявская
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Сегодня Правительство РФ внесло в Госдуму законопроект, направленный на совершенствование и ускорение закупочных процедур. Так, в качестве антидемпинговой меры документом предлагается установить запрет на выплату аванса при заключении контракта с участником закупки, предложившим цену контракта, которая на 25% ниже его начальной (максимальной) цены. Предполагается, что это правило будет действовать и на случаи, когда предлагаемая цена снижена и более чем на 25% по сравнению с начальной.
Узнайте последние изменения Закона № 44-ФЗ и Закона № 223-ФЗ, пройдя обучение по долгосрочной программе профессиональной переподготовки, и получите диплом установленного образца.
Кроме того, в случае принятия документа до одного дня с момента внесения изменений в план-график сократится срок размещения извещения об осуществлении закупки, направления приглашения принять участие в определении поставщика (подрядчика, исполнителя) закрытым способом. Не исключено и повышение цены, с которой допускается проведение электронного аукциона с сокращенным семидневным сроком подачи заявок до 50 млн вместо нынешних 3 млн руб. (ч. 2 ст. 63 Федерального закона от 5 апреля 2013 года № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд»). Причем для закупок на выполнение работ по строительству, реконструкции, капитальному ремонту, сносу объекта капитального строительства упомянутый ценовой порог может возрасти и до 500 млн руб.
Помимо этого кабмин считает необходимым установить правило, в соответствии с которым изменить существенные условия контракта можно будет при возникновении обстоятельств, не зависящих от сторон контракта по строительству, реконструкции, капитальному ремонту, сносу объекта капитального строительства, не позволяющих его исполнить1. Также это может стать возможным и при неисполнении по вине подрядчика соответствующего госконтракта в установленный срок. Ожидается, что в этом случае срок можно будет однократно изменить на дату до окончания исполнения контракта при условии уплаты подрядчиком штрафных санкций. И наконец, в числе планируемых нововведений – предоставление заказчику права заключить контракт с участником закупки, которому присвоен второй номер по итогам проведения конкурентной закупки в случае расторжения контракта с победителем такой закупки.
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1 С текстом законопроекта № 682010-7 «О внесении изменений в Федеральный закон «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» (по вопросу совершенствования отдельных положений о закупках)» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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