ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 23, 2024 No. 1875

About measures for provision of national treatment when implementing purchases of goods, works, services for ensuring the state and municipal needs, purchases of goods, works, services with separate types of legal entities

According to Articles 14, of 22, of 27, 33 and 34 Federal Laws "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", articles 3 and 3.1-4 of the Federal law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" Government of the Russian Federation decide:

1. Establish when implementing purchases according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" and purchases according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities":

prohibition of purchases of the goods (including the purchased works delivered in case of accomplishment, rendering the purchased services) coming from foreign states, works, services according to carried out, rendered by foreign citizens, foreign legal entities (further - foreign persons), according to the list according to appendix No. 1, and also purchases within the state defensive order for accomplishment of actions of state programs of the Russian Federation, the state program of arms, other actions within the state defensive order of the goods coming from foreign states, works, services according to carried out, rendered by foreign persons;

restriction of purchases of the goods (including the purchased works delivered in case of accomplishment, rendering the purchased services) coming from foreign states, works, services according to carried out, rendered by foreign persons, according to the list according to appendix No. 2;

benefit concerning goods of the Russian origin (including the purchased works delivered in case of accomplishment, rendering the purchased services).

2. Establish the minimum obligatory share of purchases of goods of the Russian origin according to the list according to appendix No. 3 when implementing taking into account provisions of the subitem "l" of item 4 of this resolution of purchases according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" determined as a percentage of purchasing amount of the corresponding goods (including goods delivered in case of accomplishment of the purchased works, rendering the purchased services) performed by the customer in reporting year.

3. Determine that information and documents confirming the country of goods' origin for the purposes of this resolution are:

a) for confirmation of goods origin, 1 - 145 appendices No. 1 to this resolution specified in line items, line items of 1 - 433 appendix No. 2 to this resolution, appendix No. 3 to this resolution, from the Russian Federation - number of the register entry from the register of the Russian industrial output, the stipulated in Article 17.1 Federal Laws "About Industrial Policy in the Russian Federation" containing including:

information on the cumulative number of points for accomplishment (development) in the territory of the Russian Federation of the corresponding transactions (conditions) (if concerning such goods the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of the Russian industrial output" for accomplishment (development) in the territory of the Russian Federation of the corresponding transactions (conditions) establishes requirements about the cumulative number of points), which constitutes or is exceeded by the value determined by the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of the Russian industrial output" for the purposes of implementation of purchases;

information on the level of radio-electronic products (for the goods which are according to the order of the Government of the Russian Federation of July 17, 2015 No. 719 "About confirmation of production of the Russian industrial output" radio-electronic products of the first level or radio-electronic products of the second level);

b) for confirmation of goods origin, 1 - 145 appendices No. 1 to this resolution specified in line items, line items of 1 - 433 appendix No. 2 to this resolution, appendix No. 3 to this resolution, from state members of the Eurasian Economic Union, except for the Russian Federation, - number of the register entry from the Eurasian register of manufactured goods of state members of the Eurasian Economic Union, the procedure for forming and which maintaining is established by the right of the Eurasian Economic Union (further - the Eurasian register of manufactured goods), containing including:

information on the cumulative number of points for accomplishment (development) in the territory of the Eurasian Economic Union of the corresponding transactions (conditions) (if concerning such goods the right of the Eurasian Economic Union for accomplishment (development) in the territory of the Eurasian Economic Union of the corresponding transactions (conditions) establishes requirements about the cumulative number of points), which constitutes or is exceeded by the value determined by the right of the Eurasian Economic Union;

information on the level of radio-electronic products (for the goods which are according to the right of the Eurasian Economic Union radio-electronic products of the first level or radio-electronic products of the second level);

c) for confirmation of implementation of all production stages (including synthesis of molecule of active ingredient in case of production of pharmaceutical substances) medicine in the territories of state members of the Eurasian Economic Union for the purpose of subitems "y" and "f" of item 4 of this resolution in addition to information and documents provided by this resolution - the document containing data on the stages of engineering procedure of production of medicine for medical application performed in the territory of the Eurasian Economic Union (including about production stages of molecule of active ingredient of pharmaceutical substance), issued by the Ministry of Industry and Trade of the Russian Federation in the procedure established by it;

d) for confirmation of origin of programs for the electronic computers and (or) databases (further - the software) specified in line item of the 146th appendix No. 1 to this resolution from the Russian Federation - sequence number of the register entry from the unified register of the Russian programs for electronic computers and databases (further - the register of the Russian software);

e) for confirmation of origin of the software specified in line item of the 146th appendix No. 1 to this resolution from the Russian Federation and its compliance to additional requirements to programs for electronic computers and databases, the data about which are included in the register of the Russian software, "About approval of additional requirements to programs for electronic computers and databases, the data about which are included No. 325 by the approved order of the Government of the Russian Federation of March 23, 2017 in the register of the Russian software, and modification of Rules of forming and maintaining the unified register of the Russian programs for electronic computers and databases" (further - additional requirements to the software), - sequence number of the register entry from the register of the Russian software, containing information on software compliance to additional requirements to the software;

e) for confirmation of origin of the software specified in line item of the 146th appendix No. 1 to this resolution from state members of the Eurasian Economic Union, except for the Russian Federation, - sequence number of the register entry from the unified register of programs for electronic computers and databases from state members of the Eurasian Economic Union, except for the Russian Federation (further - the register of the Eurasian software);

g) for confirmation of origin of the software specified in line item of the 146th appendix No. 1 to this resolution from state members of the Eurasian Economic Union, except for the Russian Federation, and its compliance to additional requirements to the software - sequence number of the register entry from the register of the Eurasian software containing information on software compliance to additional requirements to the software;

h) specifying in the application for participation in purchase of the name countries of goods' origin (in case of implementation of purchase according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"), such specifying is performed according to the subitem "b" of Item 2 of part 1 of article 43 of the specified Federal Law:

for confirmation of goods origin from the Russian Federation, 1 - 146 appendices No. 1 to this resolution which are not specified in line items, line items of 1 - 433 appendix No. 2 to this resolution;

for confirmation of goods origin from foreign state, the cases except for provided by this Item in case of which others are provided information and documents confirming goods origin from state members of the Eurasian Economic Union;

i) when implementing purchases within the state defensive order for accomplishment of actions of state programs of the Russian Federation, the state program of arms, other actions within the state defensive order of the goods which are not relating to the goods specified in line items of 1 - 146 appendix No. 1 to this resolution, line items of 1 - 433 appendix No. 2 to this resolution when implementing purchases of arms, the military and special equipment taken advantage, supply in operation and the samples of arms, the military and special equipment developed according to design documentation with letter not below "O1" in addition to information provided by the subitem "z" of this Item - the documents provided by the notice on purchase implementation, the invitation to take part in determination of the supplier (the contractor, the contractor) terms of the contract and subject to representation to the customer by delivery of goods (including in case of performance of works, rendering services).

4. Determine that:

a) the provisions of this resolution concerning goods of the Russian origin, work, service according to carried out, rendered by the Russian citizen, the Russian legal entity, are applied also to the goods coming from state member of the Eurasian Economic Union, work, service according to the carried-out, rendered foreign person registered in the territory of state member of the Eurasian Economic Union;

b) if subject to purchase (purchase subject) includes at least one goods which are not specified in appendix No. 1 to this resolution and appendix No. 2 to this resolution, concerning the request containing the offer on delivery of goods (including the purchased works delivered in case of accomplishment, rendering the purchased services) only the Russian origin, the benefit is applied the stipulated in Item 1 this resolution provided that:

when implementing purchase according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" among applications for participation in purchase to which according to the subitem "b" of Item 1 of part 15 of Article 48, the subitem "b" of Item 1 of part 5 of Article 49, the subitem "b" of Item of 1 part 3 Articles 50, the subitem "v" of Item 1 of part 10 of Article 73, Item 1 of part 5 of Article 74, the subitem "v" of Item 1 of part 9 of Article 75, the subitem "b" of Item 1 of part 5 of article 76 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" assigns sequence numbers there is application for participation in purchase containing the offer on delivery at least of one goods coming from foreign state;

when implementing purchase according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" among applications for participation in purchase (final offers) which are considered, estimated, compared there is application for participation in purchase which is not rejected and contains the offer on delivery at least of one goods coming from foreign state;

c) if other is not established according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", with the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" and regulatory legal acts adopted according to them, including this resolution, it is allowed to include in one subject to purchase (purchase subject) goods, works, services as specified in appendix No. 1 to this resolution and appendix No. 2 to this resolution, not specified in such appendices, at the same time:

the provisions of this resolution concerning the prohibition specified in Item 1 of this resolution are applied to the goods included in subject to purchase, works, services specified in appendix No. 1 to this resolution;

the provisions of this resolution concerning the restriction specified in Item 1 of this resolution are applied to the goods included in subject to purchase, works, services specified in appendix No. 2 to this resolution;

the provisions of this resolution concerning the benefit specified in Item 1 of this resolution are applied to the goods included in subject to purchase not specified in appendix No. 1 to this resolution and appendix No. 2 to this resolution;

the benefit specified in Item 1 of this resolution is provided under the condition specified in the paragraph second or third the subitem "b" of this Item, the application for participation in purchase which contains the offer on delivery of goods (including delivered in case of accomplishment of the purchased works, rendering the purchased services) only of the Russian origin as concerning included in subject to purchase (purchase subject) of the goods which are not specified in appendix No. 1 to this resolution and appendix No. 2 to this resolution, and included in subject to purchase (purchase subject) of the goods specified in such appendices;

d) when implementing purchases according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities", except for purchases at the single supplier (the contractor, the contractor) and purchases at the single supplier (the contractor, the contractor) respectively, cannot be included in subject of one contract (one lot), one agreement (one lot):

the goods specified in line items 143 and 144 appendices No. 2 to this resolution, and the goods which are not specified in such line items;

the goods specified in line items 145, of the 149 and 150 appendix No. 2 to this resolution and the goods which are not specified in such line items;

the goods specified in line items 146 - 148, 151 - 153 and 162 appendices No. 2 to this resolution, and the goods which are not specified in such line items;

the goods specified in line item 154 appendices No. 2 to this resolution, and the goods which are not specified in such line item;

the goods specified in line items 155 - 160 appendices No. 2 to this resolution, and the goods which are not specified in such line items;

the goods specified in line items of 161 appendices No. 2 to this resolution, and the goods which are not specified in such line item;

the goods specified in line item 163 appendices No. 2 to this resolution, and the goods which are not specified in such line item;

the goods specified in line items 17, 139 - 141 appendices No. 1 to this resolution, 179, of 189, 320 (regarding defibrillators), 362 - 432 appendices No. 2 to this resolution, and the goods which are not specified in such line items;

the goods specified in line items of the 237th appendix No. 2 to this resolution, loudspeakers, amplifiers electric sound frequencies, the installations of electric amplifiers of sound corresponding to codes 26.40.42.110, 26.40.43. 110, 26.40.43.120 under the All-Russian Product Classifier by types of economic activity of OK 034-2014 (KPES 2008), from among the goods specified in line item of 241 appendices No. 2 to this resolution with other goods;

the microphones and supports for them corresponding to code 26.40.41.000 under the All-Russian Product Classifier by types of economic activity of OK 034-2014 (KPES 2008), from among the goods specified in line item of 241 appendices No. 2 to this resolution with other goods;

433 appendices No. 2 to this resolution specified in line item the medicines included in the list of vital and essential drugs for medical application approved by the order of the Government of the Russian Federation of October 12, 2019 No. 2406-r (except for the medicines included in the list of strategically significant medicines which production shall be provided in the territory of the Russian Federation, No. 1141-r approved by the order of the Government of the Russian Federation of July 6, 2010), and not included in such list (if according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", the Federal Law "About purchases of goods, works, services separate types of legal entities" and the regulatory legal acts adopted according to them allow inclusion in subject of one contract (one lot), one contract (one lot) of medicines with various international non-proprietary names or in the absence of such names with chemical, grouping names);

433 appendices No. 2 to this resolution specified in line item the medicines included in the list of strategically significant medicines which production shall be provided in the territory of the Russian Federation No. 1141-r approved by the order of the Government of the Russian Federation of July 6, 2010 and not included in such list (if according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" and regulatory legal acts adopted according to them inclusion in subject of one contract (one lot), one contract (one lot) of medicines with various international non-proprietary names or in the absence of such names with chemical, grouping names is allowed);

e) line items of appendix No. 1 to this resolution and appendices No. 2 to this resolution are applied if subject to purchase includes goods, work, service which names are specified in the column "Description of Goods, Works, Services" and which are included in the code specified in the column "Commodity Code, Works, Services in the All-Russian Product Classifier in Types of Economic Activity of OK 034-2014 (KPES 2008)" or if subject to purchase includes goods which name is specified in the column "Description of goods" and which are included in the code specified in the column "Commodity Code under the All-Russian Product Classifier by Types of Economic Activity of OK 034-2014 (KPES 2008)". At the same time if subject to purchase includes medical product, the corresponding line item is applied if the purchased medical product also belongs to the code of type of medical product specified in the column "Description of Goods, Works, Services" or the column "Description of goods" according to the nomenclature classification of medical products approved by the Ministry of Health of the Russian Federation;

e) the line item of appendix No. 3 to this resolution is applied if subject to purchase includes goods which name is specified in the column "Description of goods" and which are included in the code specified in the column "Commodity Code under the All-Russian Product Classifier by Types of Economic Activity of OK 034-2014 (KPES 2008)";

g) the prohibition of purchases of the goods (including the purchased works delivered in case of accomplishment, rendering the purchased services) coming from foreign states, works, services according to carried out, rendered by foreign persons, is applied by the customer from among the customers provided by the subitem "an" of Item 5 of part 11 of article 24 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", also when implementing according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" of purchases of goods, works, the services which are not specified in the paragraph the second Item 1 of this resolution for the purposes of implementation of purchases for needs of defense of the country and safety of the state;

h) the stipulated in Item 1 this resolution will lock, restriction, benefit extend also to the goods which are subject of finance lease (leasing);

i) the stipulated in Item 1 this resolution will lock, restriction, benefit are not applied when implementing purchase in case of which the contract (contract) with counter investment obligations providing delivery of the goods made only on created is signed, the production modernized, mastered according to such contract (agreement);

j) the stipulated in Item 1 this resolution will lock, restriction, benefit are not applied when implementing according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" by customers, being the pharmaceutical organizations, purchases of medicines and medical products for the purpose of retail trade by such medicines and medical products;

k) minimum obligatory share, stipulated in Item 2 presents of the resolution:

it is applied when implementing according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" of purchases by the certain customers who are the economic societies specified in Items 1 - 3 parts 2 of article 1 of the Federal law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities", except for the economic societies included in the summary register of the organizations of defense industry complex provided by the order of the Government of the Russian Federation of February 20, 2004 No. 96 "About the summary register of the organizations of defense industry complex", and also economic societies which are the subjects of natural monopolies or the organizations performing regulated types of activity in the sphere of electric utility service, gas supply, heat supply, water supply, water disposal, sewage treatment, the address with solid municipal waste;

it is not applied when implementing according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" of purchases by the customers who are not belonging to the economic societies specified in Items 1 - 3 parts 2 of article 1 of the Federal law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities", and also the customers who are the economic societies included in the summary register of the organizations of defense industry complex provided by the order of the Government of the Russian Federation of February 20, 2004 No. 96 "About the summary register of the organizations of defense industry complex" or the economic societies which are the subjects of natural monopolies or the organizations performing regulated types of activity in the sphere of electric utility service, gas supply, heat supply, water supply, water disposal, sewage treatment, the address with solid municipal waste;

l) the stipulated in Item 1 this resolution will lock, restriction, benefit do not extend to the procurements conducted according to the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" the certain customers specified in the paragraph the second the subitem "l" of this Item, except for purchases of the goods, works, services necessary:

for accomplishment of the state defensive order, for the stock forming of products, raw materials, materials, semifinished products, components provided by Items 3 - 3.2 articles 7.1 of the Federal law "About the State Defensive Order";

for functioning of critical information infrastructure of the Russian Federation;

in the sphere of use of atomic energy;

for project implementation of the technological sovereignty included in the register of projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation according to Regulations on conditions of reference of projects to projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation about submission of data on projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation and maintaining the register of the specified projects, and also about requirements to the organizations, authorized to represent the conclusions about compliance of projects to requirements to projects of technological sovereignty and to projects of structural adaptation of economy of the Russian Federation, the approved order of the Government of the Russian Federation of April 15, 2023 to No. 603 "About approval of the priority directions of projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation and Regulations on conditions of reference of projects to projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation, about submission of data on projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation and maintaining the register of the specified projects, and also about requirements to the organizations, authorized to represent the conclusions about compliance of projects to requirements to projects of technological sovereignty and to projects of structural adaptation of economy of the Russian Federation";

m) the stipulated in Item 1 this resolution will lock purchases of the goods specified in line item of the 27th appendix No. 1 to this resolution, it is also applied if such goods are included in structure of the purchased goods specified in line items 63 - 67 appendices No. 1 to this resolution;

o) the stipulated in Item 1 this resolution will lock purchases of the software specified in line item of the 146th appendix No. 1 to this resolution:

also it is applied if such software is included in structure of subject to purchase along with other goods, works, services;

it is applied to the software, implemented, irrespective of agreement type, on the material carrier and (or) in electronic form on communication channels, and also exclusive rights on the software and rights to use of the software;

it is not applied when implementing purchases of the software, data on which and (or) about purchase of which are the state secret;

o) the stipulated in Item 1 this resolution restriction of purchases of the goods specified in line items 362 - 432 appendices No. 2 to this resolution is applied when implementing purchases of the goods which are medical products;

p) the stipulated in Item 1 this resolution restriction, benefit on the medicines specified in line item 433 appendices No. 2 to this resolution are applied when implementing purchases of the medicines included in the list of vital and essential drugs for medical application approved by the order of the Government of the Russian Federation of October 12, 2019 No. 2406-r;

c) for the purposes of this resolution the software specified in line item of the 146th appendix No. 1 to this resolution is understood as the software and (or) the rights to it which arose owing to:

deliveries on the material carrier and (or) in electronic form on communication channels, and also provisions in use of the software by means of use of communication channels and the external information and technological and hardware-software infrastructure providing collection, processing and data storage (service of cloud computing);

deliveries, maintenance of personal electronic computers, devices of terminal access, the server hardware and other computer aids on which the software is subject to installation in result of execution of the contract;

performance of works, rendering the services connected with development, modification, upgrade of the software including as a part of the existing automated systems if such works or services are integrated to provision to the customer of the rights to use the software or expansion of earlier provided amount of the rights;

rendering the services connected with maintenance, technical support, updating of the software including as a part of the existing automated systems if such services are integrated to provision to the customer of the rights to use the software or expansion of earlier provided amount of the rights;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info