Purchases of software by educational institutions. How can an educational institution justify the purchase of foreign software? Justification for purchasing windows server

Justification for impossibility of compliance

ban on access to software occurring

from foreign countries, for procurement purposes

to meet state and municipal needs

(the procedure for preparing the justification has been approved

Decree of the Government of the Russian Federation dated November 16, 2015 No. 1236)

The customer, the State Regional State Institution “Center for Social Support of the Population in the Kola District”, when making a purchase for the provision of services for the provision of non-exclusive (user) rights (licenses) to use software for the needs of the State Public Institution “TsSPN in the Kola District”, did not establish a ban on the admission of software , originating from foreign countries, established by Decree of the Government of the Russian Federation dated November 16, 2015 No. 1236 “On establishing a ban on the admission of software originating from foreign countries for the purposes of procurement to meet state and municipal needs”, due to the fact that the software , information about which is included in the unified register of Russian programs for electronic computers and databases and which corresponds to the following software classes:

system software and application software,

that the Microsoft Windows 8.1 Pro software, which is the object of purchase, does not meet the software requirements established by the customer in terms of its functional, technical and (or) operational characteristics:

Microsoft Windows 8.1 Pro, which are the subject of the purchase.

Requirements for the functional, technical and operational characteristics of the software that is the object of purchase, established by the customer,

indicating the class(es) to which the software must comply

1. Microsoft Windows 8.1 Pro software classified as System Software must:

1.1. Ensure interaction with the customer’s existing equipment and network resources of the internal network of the State Public Institution “TsSPN in the Kola Region”, a secure (private) virtual network with the Federal Treasury Department for the Murmansk Region.

1.2. Ensure interaction with the software already available to the customer (ViPNet Client 3.x, Microsoft Office, Microsoft .Net Framework, CIPF Continent-AP, CIPF Crypto-Pro version 3.6 and higher, Java Development Kit (JDK) versions 7.02 and higher, CryptoPro Office Signature), SberSign.

1.3. Ensure interaction with the Official website of the Russian Federation on the Internet to post information on placing orders for the supply of goods, performance of work, provision of services (UIS, zakupki.gov.ru), the Official website of the Unified Information System in the field of procurement (new.zakupki.gov. ru), Official website for posting information about state (municipal) institutions (bus.gov.ru), Remote financial document management system-SUFD-online, Electronic platform RTS-tender, Information system Web-Torgi-KS ( http://gz-murman.ru/), Automated system "Client-Sberbank", System "Sberbank Business Online", Software complex "Storage-KS", Software complex "Budget-WEB".

1.4. Provide support and implementation of ActiveX controls, signature generation component sign.cab, XCrypt1х.cab.

Functional, technical and (or) operational characteristics

(including their parameters) for which the software, information about which is included in the register, does not meet the requirements established by the customer for the software that is the object of procurement

1. Microsoft Windows 8.1 Pro software, classified as System software, fully meets the requirements:

1.1. Software: ViPNet Client 3.x (ViPNet Client runs under MS Windows operating systems: Windows XP SP3 (32-bit) / Windows Server 2003 (32-bit) / Windows Vista SP2 (32/64-bit) / Windows Server 2008 (32/64-bit) / Windows 7 (32/64-bit) / Windows Server 2008 R2 (64-bit)), Microsoft .Net Framework (runs MS Windows operating systems: Windows XP SP3 (32/64 -bit) / Windows Vista SP2 (32/64 bit) / Windows 7 (32/64 bit) / Windows 8 (32/64 bit) / Windows 8.1 (32/64 bit) / Windows 10 (32/ 64-bit)), CryptoPro Office Signature (CryptoPro Office Signature is implemented as an add-in for Microsoft Office and functions in all Microsoft Windows operating systems supported by Microsoft Office 2007/2010/2013 (for x86/x64 processors)), Internet Explorer 8.0 and higher (operates under MS Windows operating systems: Windows XP SP3 (32/64-bit) / Windows Vista SP2 (32/64-bit) / Windows 7 (32/64-bit) / Windows 8 (32/64-bit) / Windows 8.1 (32/64-bit));

1.2. For working on the RTS-Tender Electronic Platform (To operate the RTS-Tender Electronic Platform, you must correctly install and configure the software. All of the following software only works with Windows operating systems, starting with XP SP3 and higher (server OS are not supported)) ;

1.3. Information systems: Remote financial document management system-SUFD-online (one of the requirements: Operating system Microsoft Windows 2000/XP/7), Automated system "Client-Sberbank" (For dial-up access - MS Windows 2000, XP, Vista, 7 and higher ; when accessing via the Internet - MS Windows 2000, XP, Vista, 7 and higher; the OS must also support TCP/IP and FTP network protocols and the Russian language; in addition, the Microsoft Data Access Components (MDAC) version must be installed on the user’s computer. 2.6 and higher), the Sberbank Business Online System (The user's workstation of a bank client using the Internet Client access channel must meet the following requirements: OS Windows XP SP2 and higher; Microsoft Internet Explorer browser version 7.0 and higher);

1.4. On working with ActiveX controls (ActiveX controls are officially processed only by Microsoft Internet Explorer and the Microsoft Windows operating system).

Which gives Russian developers an advantage over foreign ones when participating in government procurement. If foreign software has a Russian analogue, which is included in a special register, the customer is obliged to buy it.

The law defines the following criteria for Russian software:

• the exclusive right to it must belong to the Russian Federation or a subject of the Russian Federation, a municipal entity, a Russian commercial or non-profit organization in which more than 50% belongs to Russia, Russian organizations or citizens;
• the copyright holder organization should not be controlled by a foreign person;
• payments to foreign organizations should not exceed 30% of all payments for software;
• The software must be freely available and information about it must not be a state secret.

Exceptions can be made to the restriction. This means that customers can justify the impossibility of buying a Russian analogue if it does not have the necessary functions. Arguments must be specified in the procurement documentation.

Resolution No. 1236 of November 16, 2015 is in force

The document contains:

• rules for the formation and maintenance of a unified register of Russian programs;
• the procedure for justifying the fact that it is impossible to purchase a Russian-made product.

The register of domestic software has been launched

Until recently, government customers could work on the principle of “no register - no restrictions,” but from February 20, 2016, the register began to fill up. It already includes the applications ABBYY, 1C, Dr.Web, Kaspersky, Bars, Garant and others. In total, there are 4,784 products in the registry, including an analogue of Microsoft Office - the My Office program from the Russian developer New Cloud Technologies.

What do customers do?

1. They exercise the right to purchase foreign software products to “refinement, expand or extend licenses for the software they already use.” Here, for example, as in this purchase.
2. They announce a tender not for the purchase of software, but for the purchase of computers with a pre-installed program, for example, with the same “forbidden” Microsoft Office, supplementing the purchase with the wording “an equivalent is not possible due to the need to ensure compatibility with the customer’s existing software.”
3. They justify the impossibility of purchasing Russian software. For example, as in this purchase.

As in other purchases, customers do not have the right to write that they need a specific manufacturer or program - they describe the technical characteristics that suit them. Now, if a Russian program is fully consistent with a foreign one in its functional, operational and technical parameters, it cannot be rejected, even if it theoretically worsens the performance of a computer or other programs that run on the basis of this software. It will require very serious evidence that there is no analogue of the same class in the registry.

Nina Vasilyevna Sharaeva, Head of the Procurement Department of the Institute of Mechanisms of the Ural Branch of the Russian Academy of Sciences:

We have already become familiar with the registry, but have not yet purchased software under the new law. Of course, switching to domestic analogues will be difficult. For example, due to the technical features of our servers, it will be difficult to work with anti-virus software developed in Russia. When the time comes to renew the license, we will specify in the purchase for what purposes we need a current antivirus.

It is necessary to comply with the law, but participants in the public procurement market agree that the interests of the customer must come first. Whether the program is suitable for him and how effectively it will work on existing equipment is up to the customer to decide.

Irina Yavorskaya, head of GosTrader, a company engaged in tender support for customers and suppliers:

If a client asks to prepare a technical specification for the purchase of software, we will first look at what is in the registry. Then we will do a comparative analysis of the foreign and Russian product: does the Russian one fully meet the customer’s requirements? If it is possible to replace it, we will do it. If not, we will look for objective reasons to justify the purchase of foreign software.

What should suppliers do?

If you are a software seller

Conclude licensing agreements with new distributors and manufacturers. Having Russian software among your sales offers will be an advantage.

Be more literate than the customer. Keep track of what your customers buy and remind them of the rules if they break them. The supplier can submit three requests for clarification, and if they do not produce results, contact the regional FAS office with a complaint.

What can the customer do in response to your request, why does he purchase foreign software:

• add justification for the purchase;
• make changes to the terms of reference, taking into account requests for clarification from participants. In this case, the deadline for submitting applications will necessarily be extended;
• cancel the purchase.

Irina Yavorskaya, GosTrader:

The winner is the one who knows how to work with information. The supplier today has the opportunity to find out in advance the customer’s procurement plan and prepare for tenders for the purchase of software. Study the advantages of the Russian analogue and work ahead of the curve, for example, undergo training on the necessary software, receive partner status and special conditions from the distributor or manufacturer directly.

If you are a copyright holder

It makes sense to get on the register. The procedure is quite long, associated with the consideration of the application by an expert council and the issuance of an order of the Ministry of Telecom and Mass Communications, so the sooner you submit an application on the registry operator’s website, the better.

What else can we expect?

Most likely, similar restrictions on the purchase of software will be adopted by customers under No. 223-FZ, and they purchase much more software. For example, in 2015, state-owned companies purchased 18 times more licenses for Microsoft Office than government agencies.

The issue is being discussed that software from all EEC countries can participate in Russian government procurement (except Russia, it includes Belarus, Kazakhstan, Armenia and Kyrgyzstan).

Foreign manufacturers are preparing to adapt their products to the new rules, for example, create joint developments with Russian manufacturers, and transfer “production” to Russia. This is what Eset did, which began working together with the Russian company Security Code to produce its products within the Russian Federation.

In the comments to articles you can get answers from other suppliers, and experts will answer

Justification for the impossibility of complying with the ban on the admission of software is a document that is necessary for the purchase of software if Russian companies do not produce it. From the article you will learn how to properly justify the purchase of foreign programs.

How does a software ban work?

Before we analyze the rationale for the impossibility of compliance, let’s figure out what the mechanism itself is and about establishing a ban on the purchase of foreign goods. For a foreign country, such rules apply to any purchases as a result of which the customer will receive software or the right to it.

As of January 1, 2018, the ban does not apply to software from EAEU member states. At the same time, in addition to the existing special register of the Ministry of Communications, an additional list will appear with the programs of EAEU members. As a result, a special federal state information system will be created to maintain registers of Russian and Eurasian software.

The register of domestic programs includes software whose copyright holders are the Russian Federation, a constituent entity of the Russian Federation, a municipal entity, Russian commercial and non-profit organizations without predominant foreign participation, as well as citizens of the Russian Federation. Among the requirements for Russian software, clause 5 of the List Formation Rules establishes the following:

• legitimacy of entry into civil circulation in the Russian Federation, free implementation and absence of restrictions (including from foreign countries);
• limits on payments under licensing and other agreements in favor of foreign companies should be less than 30 percent of revenue for the past year;
• information about the software does not constitute a state secret;
• compliance with security requirements, which is confirmed by certificates (only for software whose purpose is to protect confidential information);
• the exclusive right throughout the world and for the entire period of validity must belong to the above-mentioned copyright holders;
• The software is not forced to be updated or controlled from abroad.

Similar requirements are provided for inclusion in the Eurasian register. However, for Eurasian programs a special rule on updating and management has been established. It is established that such updates and management should not occur from countries that are not members of the EAEU.

Let us remind you that the Union currently includes 5 countries: the Russian Federation, Armenia, Belarus, Kazakhstan and Kyrgyzstan.

Therefore, it is worth remembering that when publishing a notice or documentation for the purchase of software products, the customer is obliged to establish a provision on the action. Consequently, if at least one of the registers contains suitable products, the customer will have to establish the specified ban. In this case, only participants who offer goods from the registers will be allowed to purchase.

When can you purchase foreign software?

In some cases, the customer has the right to purchase foreign programs, but he needs to draw up a documentary report containing the rationale for the impossibility of complying with the ban on admission. Exceptions are provided for in Government Decree No. 1236:

1. The registers do not contain information about software belonging to the same class that the customer purchases.
2. The software included in the lists of the Ministry of Communications does not have the necessary characteristics.

How to justify the impossibility of complying with the ban

The justification for impossibility must contain the following provisions:

1. An indication of the circumstance according to which it is impossible to purchase Russian and Eurasian software. It is necessary to carefully study the registers for the presence of the necessary programs, since in case of inattentive consideration, the purchase may be considered to have been carried out in violation of the law (Decision of the Federal Antimonopoly Service of Russia dated October 4, 2016 in case No. P-184/16 - the customer indicated that information about the necessary software is not available in database, namely software of the “office applications” class. However, it contains information about 18 software products of this class).
2. Class of purchased software according to the classifier. Software classes, their description, code designation are approved by Order of the Ministry of Telecom and Mass Communications of Russia dated December 31, 2015 No. 621.
3. Functional, technical and operational characteristics of the purchased software. If the registry contains software that corresponds to the purchased class, but does not have the necessary characteristics, then the justification must indicate the parameters for which it does not meet the requirements. The absence of specific characteristics in the justification that do not satisfy the customer’s requirements is a violation of the provisions of 44-FZ and Resolution No. 1236 (Decision of the Federal Antimonopoly Service of Russia dated October 5, 2016 in case No. P-200/16).

Due to the fact that the data is subject to change and addition by new programs, the preparation and approval of a document on the impossibility of complying with the ban must be carried out on the day of publication of the notice in the Unified Information System.

Any institution needs office equipment (computers, printers, etc.) and software for it. Moreover, the latter can be purchased as a product, along with the equipment on which it works, or as a service for providing the right to use the program. It should be noted that the transition to domestic office software is currently gaining momentum. We will tell you further about how to purchase software, what to pay attention to when determining the initial (maximum) contract price (ICP) and what nuances need to be taken into account.

Prohibition on purchasing foreign software

Based on Part 1 of Art. 14 of the Federal Law of 04/05/2013 No. 44-FZ (hereinafter referred to as the Law on the Contract System), when making purchases, national treatment is applied on an equal basis to goods originating from a foreign state or a group of foreign states, works, services, respectively, performed or provided by foreign persons conditions with goods of Russian origin, works, services, respectively performed and provided by Russian persons.

At the same time, Part 3 of this norm gives the Government of the Russian Federation the right to support Russian commodity producers by establishing a ban on the admission of goods originating from foreign countries, works, services, respectively, performed and provided by foreign citizens. In particular, Decree No. 1236 dated November 16, 2015 introduced a ban on the admission of computer programs and databases originating from foreign countries (with the exception of software included in the unified register of programs from the EAEU member states, with the exception of the Russian Federation, as well as exclusive rights to such software and rights to use it). That is, an educational institution does not have the right to purchase software produced abroad.

For your information: The ban on software from EAEU member states does not apply. It is purchased on the same basis as Russian.

Please note that before purchasing software, the customer needs to check the registers of Russian programs for electronic computers and databases (hereinafter referred to as the register of Russian software) and Eurasian software. The first is posted on the website of the Ministry of Telecom and Mass Communications and is available around the clock, the second is still under development. If the software required for procurement is in at least one of these registers, the customer is obliged to establish a ban under Resolution No. 1236.

However, the presence of a register of Russian software does not mean that customers are deprived of the opportunity to purchase foreign software. The prohibitions provided for by Decree No. 1236 do not apply if there are objective reasons (clauses 2, 3, 4 of this resolution):

the registers do not contain information about software (there are no analogues) corresponding to the same class as the software planned for purchase;

Software, information about which is included in the registers and which corresponds to the same class as the software planned for purchase, in terms of its functional, technical and (or) operational characteristics does not meet the requirements established by the customer for the software planned for purchase;

software is purchased by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation to support their activities on the territory of a foreign state;

information about software or its purchase constitutes a state secret.

For example, an institution plans to purchase the MS Windows XP operating system. A number of products are registered in the Russian software registry (www.reestr.min svyaz.ru) under the “Operating systems” class (RAIDIX, Alt Linux SPT, Alt Linux KDesktop, ROSA CHROME DX OS, etc.). That is, there are Russian analogues in the registry. Next, you need to analyze these products to see if they meet your needs in terms of functional, technical and other characteristics. If all Russian operating systems are not suitable, you can purchase the MS Windows XP operating system, providing justification for the impossibility of complying with the ban on the admission of software from foreign countries.

Justification for the impossibility of complying with the ban on the admission of foreign software

The procedure for preparing such a justification is approved by Resolution No. 1236. In particular, it must contain the following instructions:

on the reason for the impossibility of complying with the ban (the circumstance provided for in paragraph “a” or paragraph “b” of paragraph 2 of Resolution No. 1236);

to the class(es) of software to which the purchased software must comply;

on the requirements for the functional, technical and operational characteristics of the software that is the object of the purchase, reflecting the class(es) to which it must comply;

on functional, technical and (or) operational characteristics for which the software from the registers does not meet the requirements established by the customer for the purchased software, for each software (indicating the name of the software) (only for purchase in the case provided for in paragraph “b” of paragraph. 2 of Decree No. 1236).

The justification is prepared and approved by the customer as of the day the notice of procurement is posted in the Unified Information System and is posted simultaneously with the notice.

If the procurement is a state secret or the customer works abroad, such a justification does not need to be prepared.

How to purchase software?

All educational institutions can purchase software in two ways - centrally and in accordance with the general requirements of the Contract System Law.

Centralized procurement

According to Art. 26 of the Law on the Contract System, centralized procurement is a way of organizing procurement activities in which the selection of executors of the terms of the contract is carried out not by the customer himself, but by an authorized government body or institution.

From the editor: More details about centralization are described in T. Shadrina’s consultation “Centralized procurement of educational institutions.”

According to the Decree of the Government of the Russian Federation dated 06/08/2018 No. 658 “On centralized procurement of office software, software for maintaining budget accounting, as well as software in the field of information security” (hereinafter referred to as Resolution No. 658) to federal executive authorities under the leadership of the Government of the Russian Federation, as well as subordinate government institutions, software and services for its support will be purchased centrally:

Federal Treasury (will purchase software for maintaining budget accounting for federal executive authorities and their subordinate government agencies);

The Ministry of Telecom and Mass Communications (will purchase office software and software in the field of information security for these customers).

Designated Authorities:

formulate the needs for centralized procurement based on proposals from federal executive authorities to improve office software and software in the field of information security;

draw up procurement planning documentation and make changes to it;

draw up procurement documentation and carry out procurement procedures, identify suppliers (contractors, performers), conclude government contracts, monitor their implementation;

analyze information on the quality of goods supplied, work performed (their results), services provided in accordance with the forms and procedures established by the relevant authorized body and ensure recording of this information;

keep logs of requests from federal executive authorities and subordinate institutions regarding the quality of goods supplied, work performed (their results), and services provided.

Federal executive authorities and subordinate institutions:

timely provide and (or) clarify information about the need for centralized procurement;

transfer budget allocations and limits of budget obligations provided for by the federal executive body as the main manager of funds for centralized procurement to the relevant authorized body;

agree with the authorized body on the date and time of delivery of goods, performance of work, provision of services;

send to the authorized body information about identified deficiencies in the supply of goods, performance of work (their results), provision of services in the forms and in the manner determined by the authorized body;

participate together with the authorized body in the acceptance of the delivered goods, work performed (its results), services provided, as well as individual stages of contract execution;

confirm to the authorized body the supply of goods, performance of work (their results), provision of services and elimination of identified deficiencies in the forms and in the manner established by such an authorized body.

For your information: Office software means an office suite, email applications, organizer, viewers, Internet browser, presentation editor, spreadsheet editor, text editor, information about which is included in the unified register of Russian software that meets additional requirements approved by the Decree of the Government of the Russian Federation dated March 23, 2017 No. 325 “On approval of additional requirements for programs for electronic computers and databases, information about which is included in the register of Russian software, and amendments to the Rules for the formation and maintenance of a unified register of Russian programs for electronic computers and databases.”

Not only programs will be purchased centrally, but also work and services related to the development, modification, modernization, installation and configuration, technical support and software updates.

General procedure for purchasing software

When purchasing software on the basis of the Law on the Contract System, educational institutions must take into account the following features:

1. Procurement planning .

The purchase of software is planned in the general manner, by including it in the procurement plan and procurement schedule. However, in the corresponding column of the schedule (27) you need to make a note about the application of the national regime.

2. Purchasing method .

It is determined in accordance with the provisions of the Contract System Law. Let us present the possible methods in the table.

3. Description of the procurement object .

When forming a procurement object, it is necessary to take into account the presence of a technological and functional connection between goods and services. It’s no secret that customers quite often purchase software along with computers and other devices.

The Ministry of Finance in Letter dated September 19, 2017 No. 24-06-06/60727 expressed the opinion that it is possible to combine into one lot the transfer of the right to use the result of intellectual activity (computer programs) and services for its maintenance, since the named goods are associated with the use of one result intellectual activity - computer programs, if this does not result in restrictions on competition. AS PO in Resolution No. F06-22212/2013 dated 04/09/2015 in case No. A65-18409/2014 noted that computer equipment can be purchased together with the software installed on it, since the availability of such software is technologically related to the supply of equipment due to the fact that the use of computer equipment without the necessary software is impractical.

Meanwhile, the Supreme Court in its Resolution No. F01-3262/2017 dated August 14, 2017 in case No. A38-10848/2016 emphasized: if the subject of the procurement is the supply of computer equipment, it is unlawful to include services for the transfer of rights to software. Software and computers with peripheral equipment have different OKPD2 codes.

Since the positions of control authorities and courts differ, take into account the compatibility of software and equipment, and then a fine for a violation when describing the procurement object may be avoided.

Note that quite often institutions announce a purchase to renew a license for specific software that they already have installed. In this case, the customer has the right to purchase specific foreign software, but he is still required to justify the impossibility of complying with the ban on the admission of foreign software.

4. Other nuances .

Let's say a few words about the initial (maximum) price of the contract. The Law on the Contract System does not contain any special requirements for determining the NMCC when purchasing software. Accordingly, we recommend using the priority method for determining the NMCC in accordance with Art. 22 of the Law on the Contract System - the method of comparable market prices.

Information about software procurement is posted according to general rules, depending on the selected procurement method. Moreover, if an institution establishes a ban on the admission of foreign software, it must be recorded both in the notice of procurement and in the procurement documentation. If there is no ban, an appropriate justification is posted along with the notice (for example, there is no Russian equivalent).

Accordingly, if a ban on the admission of foreign software is established, the educational institution must reject all applications in which the proposed software is not included in the registers of Russian software or Eurasian software.

Otherwise, there are no nuances or features.

To summarize, we recall that Resolution No. 658 extended the transition to the use of domestic office software for federal executive bodies, which are managed by the Government of the Russian Federation. However, when purchasing software, check the software registers and establish prohibitions under Resolution No. 1236 on the admission of foreign software. If prohibitions cannot be established due to objective reasons, justify such impossibility and place this justification along with the notice of procurement.

Let's look at a case in which the customer needs to purchase software that is not included in the special list from Resolution No. 1236.

Since the beginning of 2016, restrictions have been introduced in Russia on the purchase of foreign-made software. This is stated in the Decree of the Government of the Russian Federation dated November 16, 2015, No. 1236 on the ban on foreign software.

State and municipal customers must limit purchases of software for their own needs to the list of Russian software included in a special register. An expert council is responsible for creating and maintaining the relevance of this register.

So, the above Government resolution allows for the purchase of foreign software if the customer justifies the need for its purchase. The justification for the purchase is a document placed by the customer in the tender documentation on the official website of the Unified Information System.

It is important to understand that justification is not an empty formality, but the main document allowing the purchase of goods that are not in the register. Let's look at the customer's actions step by step.

1. Working with the registry. Before making a decision to purchase software, the customer will have to work with the registry of Russian software. Including:
   • Carefully study the registry and determine which class the required software belongs to;
   • Find on the official website of the registry information about the software of this class available in it;
   • If software products of the corresponding class are in the registry, the customer must determine the product’s compliance with the required characteristics (of course, for this you need to first determine these characteristics: functional, technical, etc.)
     However, there are pitfalls here. Thus, the registry does not contain information about the characteristics of the software itself, but only the web address of the manufacturer’s page. There are cases when the required characteristics are not available at the specified address.
     Unfortunately, the law does not regulate another method of obtaining information in this case: the only logical solution for the customer is to independently submit a request to the software manufacturer to obtain information about the characteristics.
2. Drawing up a justification:
   So, the customer could not find information about the required software of the required class in the registry (or the characteristics of the software do not meet the required ones).
   In this case, the customer must prepare for the need to violate the ban on the use of foreign software.

note

The justification must be approved on the day the notice of procurement is posted. That is, it will not be enough to place the justification at the same time as the rest of the procurement documents. To comply with this provision, the customer must check not only the register itself, but also the applications submitted for inclusion in it.

It will be most convenient to prepare the justification simultaneously with the preparation of the rest of the documentation package, and at the time of publication in the Unified Information System, finally approve it.

So, the justification should be noted:

1. A circumstance that makes it impossible to comply with the prohibition;
2. The software class to which the required software must correspond;
3. Requirements for the characteristics of the purchased software, which are not met by the software included in the Russian software register.

Important

The third item in the above list is the most important to justify. The characteristics required by the customer must be compiled as accurately and correctly as possible. Otherwise, the developer of software included in the register may file a complaint with the Federal Antimonopoly Service, citing an incorrect justification for violating the ban.

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