Read the answer to the question in the article: If during formation terms of reference We don’t ask for specific indicators for nails, do we need to indicate the country of origin of the nails, and if we ask for specific indicators for paint, do we need to indicate the country?

In order for the customer to indicate information in columns 8 and 9, he will need to be guided by Law No. 44-FZ and Resolution No. 929, since it is aimed at determining the number of medicines with different INNs or, in the absence of such names with chemical, group names, which may be the subject of one contract (one lot), and also sets restrictions on the size of the NMCC in the cases specified in this document.

Please note that Art. 33 of Law No. 44-FZ establishes the rules for describing the procurement object. In particular, clause 6, part 1, art. 33 of Law No. 44-FZ establishes the specifics of the description of the procurement object in the case of the purchase of medicines. In clause 6, part 1, art. 33 of Law No. 44-FZ establishes that the procurement documentation must contain an indication of the international nonproprietary names (hereinafter referred to as INN) of medicines or, in the absence of such names, chemical, group names, if the object of purchase is medicines. The customer, when purchasing medicines included in the list of medicines, the purchase of which is carried out in accordance with their trade names, as well as when purchasing medicines in accordance with clause 7, part 2, art. 83 of Law No. 44-FZ has the right to indicate trade names these medicines. The specified list and the procedure for its formation are approved by the Government of the Russian Federation. If the object of procurement is medicines, the subject of one contract (one lot) cannot be medicines with different INNs or, in the absence of such names with chemical, group names, provided that the initial (maximum) contract price (lot price) exceeds the limit the value established by the Government of the Russian Federation, as well as medicines with INN (in the absence of such names with chemical, group names) and trade names.

We focus on the fact that clause 6, part 1, art. 33 of Law No. 44-FZ applies to customers. So, according to paragraph 7 of Art. 3 of Law No. 44-FZ, the customer is a state or municipal customer or in accordance with Part 1 of Art. 15 of Law No. 44-FZ budgetary institution carrying out procurement. In turn, based on clause 5 of Art. 3 of Law No. 44-FZ state customer - state body (including the body state power), State Atomic Energy Corporation “Rosatom”, a management body of a state extra-budgetary fund or a state treasury institution acting on behalf of the Russian Federation or a constituent entity of the Russian Federation, authorized to accept budgetary obligations in accordance with the budgetary legislation of the Russian Federation on behalf of the Russian Federation or a constituent entity of the Russian Federation and carrying out procurement. Whereas in accordance with paragraph 6 of Art. 3 of Law No. 44-FZ, a municipal customer is a municipal body or a municipal government agency acting on behalf of a municipal entity, authorized to accept budget obligations in accordance with the budget legislation of the Russian Federation on behalf of the municipal entity and carrying out procurement. According to Part 1 of Art. 9.2 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” budgetary institution recognized non-profit organization created by the Russian Federation, a subject of the Russian Federation or a municipal entity to perform work, provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of government bodies ( government agencies) or local government bodies in the fields of science, education, healthcare, culture, social protection, employment, physical culture and sports, as well as in other areas.

Since clause 6, part 1, art. 33 of Law No. 44-FZ applies to customers, then the Decree of the Government of the Russian Federation of October 17, 2013 No. 929 “On establishing a limit value for the initial (maximum) contract price (lot price), if exceeded, medicinal products cannot be the subject of one contract (one lot) products with different INNs or, in the absence of such names, with chemical, group names” (hereinafter referred to as Resolution No. 929) also applies to customers. At the same time, this decree of the Government of the Russian Federation provides for a categorical division of customers and the application of certain rules to each category of customers, and also provides for cases that are exceptions and which apply to customers.

So, for example, for customers whose volume of funds allocated for the purchase of medicines in the previous year amounted to less than 500 million rubles, it is established that the limit value of the NMCP (lot price), if exceeded, cannot be the subject of one contract ( one lot) medicines with different INNs or in the absence of such names with chemical, group names, in the amount of 1 million rubles, except for the cases specified in paragraph 2 of Resolution No. 929. That is, if such a limit value is not exceeded, the NMCC may be the subject of one contract (one lot) for medicines with different INNs or, in the absence of such names, with chemical, group names. Similarly, the rules specified in paragraph 1 of Resolution No. 929 apply to other categories of customers.

In turn, paragraph 2 of Resolution No. 929 contains exceptions to general rule. So, for example, if the subject of one contract (one lot), along with another medicinal product (other medicinal products), is the supply of a psychotropic medicinal product, then the maximum value of the initial NMCC (lot price) is 1 thousand rubles.

Please note that currently, when planning purchases for 2014-2016, customers, in accordance with Part 2 of Art. 112 of Law No. 44-FZ are placed in a single information system before commissioning on the Official website) plans and schedules for placing orders for 2014 - 2016 according to the rules in force before the entry into force of Law No. 44-FZ, taking into account the features established by Order of the Ministry of Economic Development of Russia No. 182, Treasury of Russia No. 7n dated 31.03 .2015 "On the peculiarities of placement in a unified information system or before the commissioning of the specified system on the official website of the Russian Federation on the Internet information and telecommunications network for posting information on placing orders for the supply of goods, performance of work, provision of services, ordering plans and schedules for 2015 - 2016".

So, for example, according to paragraphs. "z" and "i" pp. 2 clause 5 Features placement of the schedule on the official website in the form of schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers, approved by order of the Ministry economic development of the Russian Federation and the Federal Treasury dated December 27, 2011 No. 761/20n “On approval of the procedure for posting on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of schedules for placing orders for the supply of goods, execution works, provision of services for the needs of customers” (hereinafter referred to as “form of schedules”), is carried out taking into account the following provisions:

Column 8 indicates the quantity of goods, works, services that are the subject of the contract;

Column 9 indicates NMCC (in thousand rubles). In this case, the NMCC is determined by the customer in accordance with the requirements of Art. 22 of Law No. 44-FZ.

Thus, for example, in order for the customer to indicate information in columns 8 and 9, he will need to be guided by Law No. 44-FZ and Resolution No. 929, since it is aimed at determining the number of medicines with different INNs or in the absence of such names with chemical, group names, which can be the subject of one contract (one lot), and also sets restrictions on the size of the NMCC in the cases specified in this document.

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