FAS: SUBJECT OF THE OFFSET AGREEMENT SHOULD BE PRIMARILY THE INNOVATIVE HIGH-TECH PRODUCTS

It was told by Petr Ivanov, Deputy Head of FAS Russia, within the framework of SPIEF-23

Currently, one of the tools for involving small and medium-sized businesses in the supplier development program is the conclusion of an offset contract*. It is about long-term supply contracts, under which suppliers assume investment obligations.

Deputy Head of FAS Russia noted that within the framework of offset contracts, the customer should choose the products that are not produced in the territory of the Russian Federation. The supplied products must be innovative, high-tech goods that have no analogues in the country**. This will not limit the procurement market for other participants.

FAS Russia notes that the procedure for concluding offset contracts should be competitive, and discussions with the investor should not lead to collusion with the customer.

Deputy Head of FAS Russia said that the key issue in this procedure is also the establishment of deadlines for the conclusion of offset contracts, for example, by analogy with the Law on the Contract System up to 10 years.

Currently, the procedure and methods of their conclusion*** are not directly regulated by law, and the powers to resolve this issue are de facto transferred to the customers themselves, approving the provisions on the procurement of goods, works and services.

At the same time, the lack of a definition of the concept of an offset contract in the legislation (including its legal characteristics) can serve as one of the constraining factors for customers who want to work under offset contracts with small and medium-sized businesses.

Peter Ivanov stressed out that the regulatory consolidation of the general principles of the conclusion of offset contracts will allow customers to avoid potential mistakes. Including when making decisions on participation in the program for the development of suppliers (performers) from among small and medium-sized businesses.

* Offset agreement is concluded between the program participant and the customer who approved such a program in accordance with Part 12 of Article 16.1 of the Federal Law No. 209-FZ

** In the amount established in accordance with the Resolution of the Government of the Russian Federation of 25.12.2015 No. 1442

* * * In procurement conducted under the Federal Law No. 223-FZ