SME access arrangements to purchasing practices of companies with state participation have been approved
Dmitry Medvedev, the Chairman of the Government of the Russian Federation has signed Decree No 1169 on broadening the access of SME entities to purchasing practices of companies with state participation developed by the Ministry of Economic Development of the Russian Federation.
The document has been developed to implement Federal law No 156-FZ “On amending certain legislative acts of the Russian Federation relating to the issues of development of small and medium enterprise in the Russian Federation” dated June 29, 2015.
Law No 156 amends Federal Law No 223-FZ “On purchasing of goods, work and services by certain categories of entities” dated July 18, 2011.
The law also obliges the customers to determine the scope of purchases of goods, work and services to be provided by SME entities only. Said determination made at the stage of planning is to be set out in a separate section of a plan for purchasing goods, work and services and a plan for purchasing high tech and innovative products or the drafts of such plans.
A Joint Stock Company “Federal Corporation for the Development of Small and Medium Enterprise”, the executive bodies of the subjects of the Russian Federation or organizations established by them are authorized to assess the compliance of purchase plan drafts, plan amendment drafts or of the monitoring of the approved purchase plans, the changes to be introduced to purchase plans and of annual reports with the requirements conditioning the participation of SME entities in purchasing practices of certain or individual customers determined by the Government of the Russian Federation.
The law envisages a possibility to suspend such plans in terms of the scope of purchase of goods, work and services determined by the customers on their own based on a resolution of the Russian Antimonopoly Service in case such draft plans or purchase plans fail to comply with the planned annual scopes of goods, work or services to be purchased from SME entities.
To broaden the access of SME entities to the purchasing practices of companies with state participation and infrastructural monopolies and to the implementation of the provisions of the Federal Law the Decree in question approves the following:
- A procedure for the monitoring of compliance of plans to purchase goods, work and services, plans to purchase innovative and high tech products, pharmaceutical products and of amendments introduced in such plans;
- A procedure for the assessment of compliance of such plans, draft plans and the drafts of amendments to be introduced in said plans with the requirements of Russian law which provides for the participation of SME entities in purchasing practices;
- A procedure and timeframe for the suspension of implementation of such plans based on the assessment and monitoring results.