On June 7, 2025, a law was published introducing significant amendments to Articles 31 and 43 of Federal Law No. 44-FZ. These amendments clarify the procedures for procurement commissions and customers if a procurement participant fails to meet established requirements or provides false information about its compliance.
Key changes:
1. Responsibilities of the procurement commission:
The law clarifies that if a procurement participant fails to meet established requirements or provides false information, the procurement commission is obligated to:
- Disqualify the participant from participating in the supplier selection procedure at any stage before the results are finalized if the commission discovers non-compliance with the requirements or inaccurate information in the application.
- If the participant fails to meet the requirements specified in Parts 1, 1.1, 2, and 2.1 of Article 31 of Law No. 44-FZ, the commission is obligated to reject its application. This applies to situations where the information or documents provided do not confirm the participant's compliance with the stated procurement terms.
2. Responsibilities of the Customer:
The Customer is also obligated to take action if it is determined that the participant does not meet the requirements or provides inaccurate information:
- Refusal to conclude a contract with the participant after the results have been summarized, but before the contract is concluded, if the application contains inaccurate information or documents provided improperly.
- If the participant does not meet the requirements established in Parts 1, 1.1, 2, and 2.1 of Article 31 of Federal Law No. 44-FZ, or if its application contains inaccurate information regarding compliance with these requirements, the Customer must refuse to conclude the contract.
3. Liability for Inaccurate Data:
The amendments clearly establish that liability for inaccurate information and documents submitted in the application for participation in the procurement rests with the procurement participant. This means that if a participant submits false information or documents, they will be held accountable for the consequences, including the possibility of their bid being rejected and the contract not being awarded.
4. Monitoring and Verification:
Furthermore, the bill clarifies the procedure for reviewing bids, including ensuring that documents comply with legal requirements and verifying the accuracy of the information provided. If violations are identified, the contracting authority or the commission must take the necessary steps to exclude the participant from the procurement process.
How will this affect procurement participants:
These changes introduce clear rules for all participants in the procurement process, including suppliers and contracting authorities:
- It will be extremely important for suppliers to carefully complete all documents and provide accurate information, as errors or inaccurate information in the bid may result in the bid being rejected and the opportunity to win the contract.
- Contracting authorities, in turn, must strictly monitor bid compliance, ensuring the legality of the selection of participants and verifying the accuracy of the information.
When the changes will come into force:
The law will come into force on January 1, 2026, giving procurement participants ample time to prepare and adjust their procedures. Organizations and companies involved in public procurement should take these changes into account when planning their activities and submitting bids.
Importance for businesses and public procurement:
These changes are aimed at increasing transparency and trust in the public procurement system, as well as reducing the risks associated with unfair bidding practices. Participants will be encouraged to refresh their knowledge of the new rules and actively implement them in their practices to prevent potential errors.
