The leading experts of ROSDORNIA explained the essence of the changes in the procurement legislation in terms of life cycle contracts (LCC), and also made an overview of the upcoming changes
The webinar on changes in the legislation of the Russian Federation on the contract system was held on October 28, 2020 on the basis ofEducational portal of the road economy. The speakers at it were Vasily Bokan, Head of the Department for the Implementation of the Life Cycle Contract System of the FAA ROSDORNII, and Aigozel Baylieva, Head of the Department for the development and Implementation of the KZHC system in the transport industry. The experts explained the essence of the changes that have taken place and the upcoming changes and told about the prepared draft decree of the Government of the Russian Federation on the procedure for concluding life cycle contracts.
"Russian legislation regarding life cycle contracts is in the initial stage of its development, so many of its aspects need to be detailed and elaborated. Since the LCC is a very complex and complex contract, it should be concluded in accordance with the general rules provided for by the Federal Law. the law No. 44-FZ "On the contract system in the field of procurement of goods, works, services for state and municipal needs" is very difficult. In this connection, the Ministry of Finance of Russia and the Ministry of Transport of Russia are currently working on the development of legislation in order to expand the practice of applying FGM. A step forward in this work was the adoption on June 1, 2020. The Government of the Russian Federation of the resolution "On Amendments to paragraph 1 of the Decree of the Government of the Russian Federation dated 28.11.2013 No. 1087", – notedAigozel Baylieva.
Other important innovations of recent months include the exclusion of construction purchases from the mandatory auction lists starting from September 1, 2020. Thanks to this, customers were able to conclude contracts for the construction, reconstruction, overhaul, repair and maintenance of highways both through an auction and through a competition. In addition, when conducting tenders, it is now allowed to use non-cost evaluation criteria, which contributes to the widespread introduction of new technologies and materials, based on their long-term effectiveness, and not only from purchase price. Also, among the upcoming legislative changes, experts highlight those related to the adoption of the "optimization" bill currently being prepared by the Ministry of Finance of the Russian Federation, designed to make even more significant changes to Federal Law No. 44-FZ regarding FGM.
For example, the definition of a "separate stage of contract execution" is introduced – the deadline for the contractor to fulfill certain obligations provided for by the LCC. This is also important because the life cycle contract contains two main stages of work – the construction of the facility and its subsequent maintenance. At the same time, in the contract itself, it will be necessary to separately indicate the cost of performing work on the creation of capital construction facilities and the cost of subsequent maintenance of the created facility, which will allow for the gradual redistribution of contract security and significantly reduce the burden on the contractor, thereby ensuring the expansion of the practice of applying the LCC.
In addition, the possibility of making changes to the contract in terms of price and term is assumed for the LCC, which includes work on design, construction, reconstruction, and major repairs a contract, subject to certain conditions.
Among other planned changes are the exclusion of the term "bank guarantee" from the practice of state and municipal procurement and its replacement with an "independent guarantee", which, among other things, can be issued by the VEB Corporation of the Russian Federation and regional guarantee organizations, the rejection of standard contracts and their replacement with standard conditions (a more flexible and efficient system, not binding the customer with strict limits), as well as changing the rules for public discussion of purchases, mandatory for contracts worth more than 2 billion rubles.
In conclusion, the speakers focused on the new federal law No. 247-FZ of July 31, 2020 "On Mandatory Requirements of the Russian Federation" (the law on the regulatory guillotine), which comes into force on November 1 of this year. It provides for the cancellation by January 1, 2021 of a number of regulatory and legal acts of the Government of the Russian Federation, federal executive authorities, as well as executive and administrative bodies of state power of the RSFSR that have lost their relevance.
Let's add that such webinars are part of the Promotion System qualifications, which, within the framework of the national project "Safe and High-quality Highways", the FAU "ROSDORNII" implements jointly with the Russian University of Transport. The next webinar will be held on November 3 this year and will be devoted to the preparation of documentation for bidding. You can sign up on the educational portal.