National treatment and preferences in government procurement. Analytics analytical reviews Preferences for 44

National treatment and most favored nation treatment (benefits) are that in the event of a tender, request for quotations or request for proposals for a supplier of products from the EAEU countries, a reduction factor of 15% is applied, and if it wins, the contract is concluded at the full price offered by the supplier. Example. Two applications for participation in the competition have been submitted: one participant offers tractors manufactured in Kyrgyzstan (a member country of the EAEU), the other offers tractors from Germany. The price offered by the first supplier is 1 million rubles, the second - 900 thousand rubles. Under the national regime, the price of the first participant is considered to be 1 million rubles. – 15% = 850 thousand rubles. That is, the winner is the participant who offered tractors from Kyrgyzstan, and the contract with him is concluded at his proposed price of 1 million rubles.

Procurement School

Attention

Federal Law-44 (drawn up arbitrarily, there is no approved model);

From SMP/SONCO - a declaration of belonging to the appropriate category (Articles 51, 66, 73, 83 of Federal Law-44).

Require additional documents and information not provided for by the Law on contract system not allowed. However, participants should not take risks and declare their right to advantages in procurement without sufficient grounds, because if it is established that the winning participant has provided false information, the contract with him must be terminated by decision of the customer unilaterally (according to the provisions of Art.

95), which threatens the participant not only with losses, but also with its inclusion in the register of unscrupulous suppliers (by decision of the FAS).

Preferences under Federal Law 44: what is it?

Important

The mechanism for supporting domestic producers was extended to more than 400 types of goods, two-thirds of which were subject to a 15% preference. The government decree on preferences, signed by Prime Minister Medvedev last week, applies to all goods and services produced in the EAEU.

Info

What are the volumes of government procurement? At the end of last year, the government procurement market reached 30 trillion rubles, accounting for a quarter of the country’s total GDP. Purchases by government agencies account for less than a quarter of this amount, the rest comes from state corporations and companies with state participation.

The volume of participation of small and medium-sized businesses in government procurement at the end of last year amounted to almost 500 billion rubles. (this is 40% higher than in 2014). The number of specialists employed in the field of government procurement has exceeded one million people.

Import substitution in the public procurement system under 44-FZ

Prime Minister Dmitry Medvedev signed a decree “On the priority of Russian goods, works, services”, according to which Russian manufacturers will be given preferences in government procurement. The new rules will come into force in 2017 and will cover the entire range of Russian goods and services that government agencies and state corporations need.

How can this resolution affect the existing public procurement system, and how can it be useful to Russian manufacturers? What does the resolution say? According to a document published on the Cabinet of Ministers website, from the beginning of next year, when holding competitions, auctions or other forms of procurement for government needs, priority is established for Russian goods and services over imported ones. This resolution also applies to purchases made by state corporations and companies with state participation.

Preferences under the law 44-FZ

The Ministry of Finance of Russia, on behalf of the Government of the Russian Federation, establishes the conditions for the admission of products of foreign origin (Part 4, Article 14 44-FZ). Previously, the Ministry of Economic Development of Russia had such powers, but they were removed by Decree of the Government of the Russian Federation dated April 14, 2017 No. 446. The conditions for admission are determined by Order of the Ministry of Economic Development 155 dated March 25, 2014. The list of products covered by preferences includes, inter alia:

Food;
paper;
medicines;
office furniture;
computer equipment and so on.

155 of the order of the Ministry of Economic Development in 2018 has not lost force, has not been canceled and continues to be applied, although the powers of the federal executive body to regulate the contract system in the field of procurement have been transferred to the Ministry of Finance.

What are the conditions for granting preferences under Federal Law 44?

Who can count on advantages in procurement In order to qualify for preferences under Federal Law 44, participants must meet a number of conditions:

Penal system institutions. Their list and types were established by Decree of the Government of the Russian Federation No. 89 in 2000.
Organizations of people with disabilities are associations in which at least 80% of the participants are people with disabilities or their representatives (FZ-181 “On the social protection of people with disabilities in the Russian Federation”);
SMP are organizations that fall under the criteria of Article 4 of Federal Law-209 “On the development of small and medium-sized businesses in the Russian Federation” (07/24/2007);
SONCOs are initially created to carry out activities specified in the Federal Law “On Non-Profit Organizations”.

Preferences for Russian goods

Important: customers are required to place purchases from SMP and SONKO in an amount of at least 15% (or more is possible) of the total volume of their purchases put up for auction (that is, through competitive means).

To obtain an advantage, a procurement participant offering domestically produced goods must provide information about the predominance of such goods in his application (they must be at least 50% of the total volume purchased). If equal conditions for the execution of the contract are made by the participant with Russian goods and the participant supplying foreign goods, the contract will be concluded with the first of them.

There are no applications for goods produced on the territory of the states of the Eurasian Union.
During the auction, the winner offers products both from the EAEU and of foreign origin, while the cost of those produced in the states of the Eurasian Union is more than 50% of the total offered. The contract price for such a participant is not reduced. Conversely, the contract price should be reduced if in the bid of the auction winner the cost from the EAEU member states is less than 50% of the cost of all proposed ones.
When holding a competition, request for proposals and quotations, the winner offers products both from the EAEU and of foreign origin, while the cost of those produced in the Eurasian Union is less than 50% of the total offer.

Preferences for the Russian manufacturer for 44 ap

The preference scheme is as follows:

For penal institutions: if a penal institution wins the auction, at its request, the contract price can be increased by 15% (but should not exceed the starting price - NMCC). For example, the NMCC in the purchase is 1 million rubles. If you win the UIS auction, with an offer of 900 thousand.
rub., the contract is concluded for the amount of 1 million rubles, and not 1.035 million rubles, as one might assume.
Organizations of people with disabilities are provided with benefits according to the method described above (increase in the price of the contract upon its conclusion by no more than 15%);
To place an order with SMP and SONKO, special purchases are announced, in which persons other than those specified in Art. 30 Federal Law-44 by subjects. The purchase amount should not exceed 20 million rubles.

Preferences for Russian manufacturers under Federal Law 44

Order of the Ministry of Economic Development 155 of March 25, 2014 Download Rules for the application of Order of the Ministry of Economic Development No. 155 of March 25, 2014 When purchasing from the list, all submitted applications are allowed to participate in the procedure for determining the supplier. But those of them that contain a proposal for the supply of domestic goods or production of countries of the Eurasian Union receive a price advantage compared to those offering foreign products.

Depending on the procurement method, the mechanism for applying the benefits is different. If a tender, request for proposals and request for quotations is held, then preference is given when considering and evaluating according to the “contract price” criterion.

An application that contains a proposal for the supply of products manufactured on the territory of the EAEU member states is assessed using a reduction factor of 15%. In this case, the contract is concluded at the price proposed by the participant.

Preferences for Russian manufacturers under 44-FZ 15

Here, purchases from one supplier are carried out in 95% of cases. Two thirds of purchases under Law 223-FZ are made by 5 companies: Rosneft, Russian Railways, Rosatom, Rosseti and Gazprom. The issue of the competitiveness of Russian producers in this situation is completely irrelevant, although Rosneft and Russian Railways actively called for the speedy adoption of a resolution on preferences. The problem rather lies in the system of organizing government procurement itself.

According to the head of the FAS Igor Artemyev, even in those few cases when two or more suppliers participate in the competition for supplies to state corporations, there is no competition. Thanks to a “competently” structured scheme, up to 30% of the contract amount remains in the hands of intermediaries.

This situation is reported during purchases organized by Gazprom and Rosatom.

National regime- this is a series of rules and restrictions that are applied during procurement to create the most favorable conditions for suppliers of Russian goods (works, services) and industrial and industrial materials produced in the territory of the member states of the EAEU (Eurasian Economic Union).

light industry products (PP dated 08/11/2014 No. 791);

goods of defense significance (GD dated January 14, 2017 No. 9);

If, during a tender, an application is submitted proposing the supply of goods from the above list of foreign production, then it must be rejected by the customer.

Procurement restrictions

The limitation is that when purchasing certain groups of goods, applications from participants offering foreign-made products are allowed only in certain cases.

List of goods that are subject to restrictions:

some medications (GD dated November 30, 2015 No. 1289);

certain types of radio-electronic products (PP dated September 26, 2016 N 968);

certain types of food products (GD dated August 22, 2016 No. 832).

Applications that offer these foreign-made products may be accepted for participation if, for example, there are no analogues of this product in the Russian Federation or the EAEU member states (or there is only one such manufacturer) or if applications for participation in the procurement are submitted only with goods foreign production.

Details about the restrictions of procurement participants and admission conditions for each group of goods must be read in the relevant Government Decrees.

Providing preferences

Preferences under 44 Federal Laws- these are benefits for certain Russian-made goods (and those produced by EAEU member states), which provide price advantages when considering applications.

Exceptions to the provision of preferences under 223-FZ

As in 44 Federal Laws, for procurement under 223-FZ there are exceptions in which the priority conditions for Russian GWS do not apply:

The purchase is recognized not failed(the agreement is concluded with a single supplier).

The application for participation does not contain a proposal for GWS of Russian origin.

The application for participation does not contain a proposal for foreign-made GWS.

An application for participation in a competition (or a similar procurement method) offers GWS of both Russian and foreign origin, where the cost of the former is less than 50%. Those. in cases where most of the technical and technical components in the application are foreign-made, priority is not given to them.

In an application for participation in an auction (or a similar form of procurement), GWS of Russian and foreign production are offered simultaneously, and the cost of Russian goods (work or services performed by Russian persons) is more than 50%. If the supplier with such a proposal wins, the contract will be concluded at the proposed cost, without reducing the cost by 15%.

The priority of goods of Russian origin is established taking into account the provisions of the General Agreement on Tariffs and Trade and the Treaty on the Eurasian Economic Union.

Thus, preferences in both 44 Federal Laws and 223 Federal Laws are aimed at supporting Russian manufacturers (as well as EAEU countries) and developing Russian economy. Such conditions make it possible to obtain significant benefits when selling domestic goods to government customers.

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In January 2014, Federal Law No. 44 came into force, concerning the contract system in the field of procurement of goods, works and services to meet municipal and state needs. This law defined new rules for regulating relationships between customers and suppliers, while all contracts concluded before the adoption of Law No. 44 remained in force.

Law No. 44-FZ regulates the following types of transactions:

planning municipal and government procurement, the subject of which may be goods, works or services;
procedure for identifying suppliers (executors);
the procedure for concluding contracts based on the results of procurements;
the procedure for monitoring the fulfillment of contractual terms;
procedure for monitoring compliance with current legislation in the field of procurement.

In addition, the law established certain preferences, according to which individual procurement participants may be given preference when concluding contracts.

Such participants include suppliers offering Russian-made goods or goods produced in the EAEU countries to secure government orders.

These can be both individuals and legal entities.

In addition, the law provides preferences for the following participants in procedures:

for organizations and enterprises of the penal system - penal system (the list of such organizations is approved by government decree No. 89);
for organizations of people with disabilities in which at least 80% of participants are people with disabilities or their representatives;
for non-profit associations subject to the law “On Non-Profit Organizations”, the founders of which are not government authorities;
for small enterprises subject to Law No. 209-FZ “On the Development of Small and Medium-Sized Enterprises”.

According to Articles 28-30 of the 44th Law, any preference means that among all equal offers made by participants in competitions or auctions, the winner must be selected from among those who fall under these legislative norms.

Procedure for granting preferences

In addition to Law No. 44-FZ itself, the provision of benefits is carried out in accordance with certain regulatory documents.

In particular:

with government decree No. 649, containing a list of goods, works and services that can be purchased from the penal system;
with government decree No. 341, containing a list of goods, works and services that can be purchased from organizations of people with disabilities;
with the order of the Ministry of Economic Development of the Russian Federation No. 155, establishing the conditions for the admission of goods from abroad;
with government decree No. 925 on the priority of domestically produced goods.

Each preference has its own enforcement mechanism:

for penal institutions organizations and organizations of disabled people who win the auction, the opportunity to increase the purchase price by 15% is given (but the amount should not be higher than the initial cost);
placement of purchases from small businesses and non-profit organizations must be carried out in an amount of at least 15% of all purchases that are put up for auction. Purchase amounts should not exceed 20 million rubles (previously the maximum threshold was 15 million).

In order to take advantage of preferences, procurement participants who offer domestically produced goods must provide information confirming the predominance of such goods in the application (more than 50%). If local and foreign manufacturers offer equal bids, preference will be given to the first one.

How to take advantage of benefits

Procurement initiators must place in their advertisements information about preferences and a list of documents that are needed to use the benefits, as well as the forms on which they should be submitted.

Benefits cannot be used in cases where contracts are concluded with a single supplier.

Procurement participants must include the following documentation in their applications:

Penal system organizations must provide certificates of provision of advantages in procurement (drawn up in free form);
organizations of disabled people must submit statements about their compliance with the standards of Part 2 of Article 29 of Federal Law No. 44;
representatives of small businesses and non-profit organizations must include in the list of documents a declaration of membership in the appropriate category.

Customers should not require additional certificates and documents not required by law. You just need to confirm your status. Ineligible members must not submit false information or attempt to obtain benefits that they are not entitled to. Such actions threaten losses and the inclusion of information about enterprises in the register of unscrupulous suppliers.

Thus, Federal Law No. 44 provided new opportunities for business entities in need of government support. In turn, the document imposed additional responsibilities on customers.

Let us discuss the topic of national treatment in procurement under 44-FZ and 223-FZ. We will answer the questions: what is national treatment, in what cases, in what forms and for what is it applied, we will show the difference between such a regime in 44-FZ and 223-FZ, and give examples.

National treatment for procurement under 44-FZ

National treatment in government procurement is the rules applied to goods (work, services) that are produced on the territory of a foreign state.

The application of national treatment in procurement is based on the implementation of rules formed for the following purposes:

support for Russian manufacturers;
support for member countries of the Eurasian Economic Union (EAEU);
ban on foreign dual-use products;
development of the Russian economy as a whole;
maintaining the country's defense capability;
ensuring national security.

National regime (44-FZ) operates in three main forms:

prohibitions;
restrictions;
conditions of admission (preferences).

Prohibition of foreign goods under 44-FZ

In relation to goods produced on the territory of a foreign state, there is a ban on the admission of products:

mechanical engineering (Resolution No. 656 dated July 14, 2014);
light industry and rental services (Resolution No. 791 dated August 11, 2014);
furniture and woodworking industry (Resolution No. 1072 dated 09/05/2017),

objects of defense significance (Resolution No. 9 dated January 14, 2017);
software (Resolution dated November 16, 2015 No. 1236).

The ban does not apply if the production of necessary goods does not exist on the territory of the Russian Federation or the EAEU member countries.

Restrictions on foreign goods under 44-FZ

Restrictions are set on admission:

medical products (Decree of February 5, 2015 No. 102);
medications from the list of vital and essential medications (Decree No. 1289 of November 30, 2015);
radio-electronic products (Resolution of September 26, 2016 No. 968);
individual species food products (Resolution of August 22, 2016 No. 832).

When conducting electronic auction applications with foreign goods from this list are allowed, but benefits are given to products from the countries of the Russian Federation and member countries of the EAEU. If a participant wins with foreign products, a coefficient is applied that reduces the cost of his offer by 15%.

In the electronic auction, the participant supplying the German medicine offered the lowest contract price - 800 thousand rubles. and became the winner. An agreement with such a participant is concluded at a price of 80 thousand rubles - 15% = 68 thousand rubles.

Conditions for admission (preferences) under 44-FZ

Preferences are benefits for certain types of goods (the list can be found in Order of the Ministry of Economic Development of the Russian Federation dated March 25, 2014 N 155), which apply to the countries of the EAEU. National treatment and most favored nation treatment (benefits) are that in the event of a tender, request for quotations or request for proposals for a supplier of products from the EAEU countries, a reduction factor of 15% is applied, and if it wins, the contract is concluded at the full price offered by the supplier.

Two applications for participation in the competition have been submitted: one participant offers tractors produced in Kyrgyzstan (a member country of the EAEU), the other offers tractors from Germany. The price offered by the first supplier is 1 million rubles, the second - 900 thousand rubles. Under the national regime, the price of the first participant is considered to be 1 million rubles. - 15% = 850 thousand rubles. That is, the winner is the participant who offered tractors from Kyrgyzstan, and the contract with him is concluded at his proposed price of 1 million rubles.

National treatment under 223-FZ

Resolution No. 925 of September 16, 2016, which entered into force on January 1, 2017, establishes for procurement under 223-FZ priority for goods (work, services) of domestic origin over foreign ones, with the exception of purchases from a single supplier (performer, contractor) . The priority is established taking into account the Treaty on the Eurasian Economic Union of May 29, 2014.

In the case of a competition, request for quotations or request for proposals, the assessment is made in favor of goods from the Russian Federation, the price of which, when compared with foreign products, is reduced by 15%, and the contract is concluded at the price that was initially proposed by the participant in the application.

In the case of an electronic auction, if the winner is a supplier of goods of foreign origin, then the contract with him is concluded at a price reduced by 15% of the price he offered.

In the national regime under 44-FZ, prohibitions, restrictions and conditions of admission are established for foreign goods, and the norms of 223-FZ establish only priorities for products from the Russian Federation, which are reflected in the evaluation criteria or contract price, and applications from suppliers of foreign products are not rejected.

According to the law on the contract system in the field of procurement, a number of organizations are provided with certain benefits. If you turn to explanatory dictionary, then preference is defined as preference or special conditions for the use of something. At the same time, advantage can be defined as benefit or superiority, an exclusive right to something.

Preferences for Russian manufacturers under Federal Law 44

This is nothing more than the benefits for certain participants designated by the Law. Thus, both concepts are analogous.

So, for which categories of organizations does 44-FZ provide benefits:

organization of the penal system of the Russian Federation (it is necessary to indicate in the application the requirement for the provision of privileges on the basis of the Government Resolution);
organizations of disabled people (you need to send a declaration in any form);
small enterprises or so-called small business entities (declaration is also required);
non-profit organizations - SONCO (you must send a declaration of belonging to this category).

Preferences for organizations of disabled people

If such enterprises participate in the procurement, in accordance with Article 29 of the Law on the Contract System, the customer is obliged to give them preference. Namely in relation to the proposed price of 15%.

Reveals more preferences for people with disabilities under 44 Federal Law Government Decree RF dated April 15, 2014 No. 341. This normative legal act a list of goods, works or services is established for the purchase of which benefits are provided. For example, we are talking about purchasing bed linen, paper and cardboard, juices from fruits and vegetables. In this case, the conditions for granting an exclusive right must be indicated by the customer in the notice of the tender. It is necessary to take into account that if an organization of people with disabilities is recognized as the winner, the contract is concluded according to the proposed article, taking into account the advantage. However, in order to confirm that the organization belongs to this category and is entitled to a “bonus”, it is necessary to submit a supporting declaration, which is drawn up in any form.

Tax benefits

In addition to the above points of application of the advantages, it is also necessary to note tax preferences are certain types of benefits that apply when specified conditions are met (Article 395 Tax Code RF). These, for example, include a simplified taxation system or various industry benefits (in the fields of agriculture, healthcare or industry).

Preferences for suppliers of domestically produced goods

Also, it is necessary to pay attention to such a form of advantage as benefits for procurement participants who offer domestically produced goods. The question of preferences 155 Order dated March 25, 2014, issued by the Ministry economic development. It establishes the conditions for the admission of goods of foreign origin in order to satisfy state and municipal needs.

Preferences for organizations of the criminal correctional system

If the organization of the criminal correctional system is recognized as the winner, it has the right to a benefit - an increase in the contract price by no more than 15%, but not more than the original cost of the contract.

Let's give an example. Let's assume that the initial maximum contract price was 3 million rubles. The enterprise of the criminal correctional system was recognized as the winner with a contract price of 2.7 million rubles. Taking advantage of this privilege, the winner has the right to conclude a contract worth 3 million rubles.

How benefits are provided

Finally, let us turn to the question of how procurement procedures are carried out and how preferences are granted.

First of all, let us remind you that the customer must indicate in the notice, as well as in the documentation on the procurement procedure, the conditions for the application of certain preferences.

Some of them need to be written down in planning documents. For example, in order to place an order from small businesses (SMB), you need to plan this in advance in a schedule. In this way, so-called special purchases are carried out, the participants of which are only persons who belong to SMP and SONCO. In this case, the tender amount should not exceed 20 million rubles.

Art. 30 of the Law establishes the customer’s obligation to conduct tenders with the participation of only SMP and SONPO with a volume equal to 15% of the total annual procurement volume.

Advantages and preferences under 44-FZ

In a competitive market for government contracts, a procurement participant who has some advantages over others has a higher chance of receiving a lucrative contract. Who can count on preferences and under what conditions?

- competition;

— auction;

— request for quotations;

- request for proposals.

— competitive applications;

— applications for quotation requests;

If the customer is ready to transfer EAEU goods to the customer, the reduction rule for the supplier in the auction will not apply (clause.

National treatment and preferences in government procurement

7 PMER). It will also not apply in the case of an offer to supply goods from the special list that were produced both on the territory of a foreign state and in the EAEU, if the percentage of production in the EAEU is more than half.

ZKS articles about benefits

Special-purpose measures in the form of advantages are introduced into the law by Articles 28-30. When determining suppliers, four categories of entities are identified to which benefits apply (Part 4 of Article 27). The customer in his business calculations is obliged to take into account such prerogatives of some suppliers. The following organizations are entitled to benefits (in accordance with their requirements):

— disabled people (PD);

— auctions;

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Preference: what does it mean according to 44-FZ

In the very general idea the concept of preference refers to the preference of one thing over another. But the criteria for such a determination may vary in different fields of activity.

For example, tax preferences are a system of monetary discounts in taxation, which allows reducing the financial burden on certain categories of persons. In procurement, the principle operates differently. The owner of the right of benefit can count on the “inclusion” of winning interest for him by the customer when comparative analysis with competitors without advantages.

Vst. 14 Federal Law N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" introduced the concept of national treatment. In addition to the article, when supplying goods from the countries of the Eurasian Economic Union (EAEU), preferences are introduced by Order 155 of the Ministry of Economic Development dated March 25, 2014.

As a responsible executive body under Part 4 of Art. 14 N 44-FZ The Ministry of Economic Development has established preferences in relation to the contract price in the amount of 15 percent - for participants with an offer to supply goods from the EAEU with a document confirming the country of origin - in:

- competition;

— auction;

— request for quotations;

- request for proposals.

Based on paragraphs. 4.5 PMER consideration and assessment of the contract price for products from a special list, which are produced in the EAEU, is carried out taking into account a reduction of 15 percent when submitting:

— competitive applications;

— applications for quotation requests;

— final decisions when requesting proposals.

In all of the above cases, the contract is concluded with the winner at the price offered by him. In the situation of submitting proposals with the same price conditions and (or) contract execution conditions according to the specified procedures, the provision of preferences will be taken into account. The participant who has the right to them will be offered to conclude a contract.

The situation will develop in the opposite way during an auction. A reduction of 15 percent in respect of the winning bidder's price will only apply if it is tendered for the supply of foreign goods.

If you are ready to transfer EAEU goods to the customer, the reduction rule for the supplier in the auction will not apply (clause 7 of the PMED). It will also not apply in the case of an offer to supply goods from the special list that were produced both on the territory of a foreign state and in the EAEU, if the percentage of production in the EAEU is more than half.

For all purchases named in the order, an offer for partial supply of goods from the list will not provide the supplier with the opportunity to calculate non-preferences.

ZKS articles about benefits

Check if you are eligible for preferences under 44-FZ

27). The customer in his business calculations is obliged to take into account such prerogatives of some suppliers. The following organizations are entitled to benefits (in accordance with their requirements):

— penal system (penal system);

— disabled people (PD);

— small businesses (SMB);

— social non-profit orientation (SONCO).

With the exception of purchases from a single supplier, the customer is required to establish in the notice and documentation an advantage of up to 15 percent on the contract price based on the current lists of products for the UIS and OI. If such an institution is named the winner, the customer confirms the contract price taking into account the preference without exceeding the initial (maximum) limit (IMC). This is defined in Articles 28, 29.

At the same time, the list of goods that will entail benefits for the penal system was approved by government decree No. 649 dated July 14, 2014, as amended by GD dated February 4, 2016 No. 63). Similarly, preferences for people with disabilities under Federal Law 44 were approved by a government decree on April 15, 2014.

When carrying out procedures at SMP and SONKO, a limit of more than 15 percent of the total annual total amount of its acquisitions was determined for the customer and a maximum contract price was set at 20 million rubles. Such purchases are carried out in the form of:

— competitions: open, with limited participation, two-stage;

— auctions;

— requests for quotes and proposals.

Based on Part 3 of Art. 30 in this case, the notice states a restriction for other procurement participants. For SMP and SONCO, you are required to declare your affiliation.

Subject to Part 5 of Art. 30 there is a legal possibility in the procurement conditions to establish admission for entities that do not belong to these privileged categories. Then the task arises for them to involve subcontractors and co-executors from SMP and SONKO in the execution of the contract. Such purchases are also taken into account in the volume of obligations established for the customer.

The government may establish standard contractual terms when engaging entities under Art. 30. Based on part 8 of this article, the contract with the subject of the NSR or SONCO includes required condition on payment upon completion of execution, or a separately delivered stage, within no more than 15 working days from the date of signing the acceptance document (Part 7 of Article 94).