What a tenderer should know. What a tenderer should know Who can participate in the tender

What do you need to know about procurement in order to successfully purchase or sell in accordance with the law?

IMPORTANT. Key regulatory documents and sources of information on procurement activities.

• Law “On the Protection of Competition” - Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”
• Law “On Electronic Signature” - Federal Law of 04/06/2011 No. 63-FZ “On Electronic Signature”
• Law “On placing orders” - Federal Law dated July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”
• Law “On the contract system” - Federal Law dated 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”
• Law No. 223-FZ - Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities”
• Law “On Organized Auctions” - Federal Law of November 21, 2011 No. 325-FZ “On Organized Auctions”
• Decree of the Government of the Russian Federation No. 932 - Decree of the Government of the Russian Federation of September 17, 2012 No. 932 “On approval of the Rules for the formation of a plan for the procurement of goods (works, services) and requirements for the form of such a plan”
• Decree of the Government of the Russian Federation No. 616 - Decree of the Government of the Russian Federation of June 21, 2012 No. 616 “On approval of the list of goods, works and services, the purchase of which is carried out in electronic form”
• EIS is a unified information system in the field of procurement at www.zakupki.gov.ru
• Unified State Register of Legal Entities - unified state register of legal entities

What you need to know about tenders? A procurement (tender) participant can be any legal entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual or several individuals acting on the side one procurement participant that meets the requirements established by the customer for the services and conditions for the execution of the contract (Part 6, Article 3 of Law No. 223-FZ).

Any customer announcing a competition for the supply of goods or services wants to enter into an agreement with a reliable supplier who will fulfill all its obligations in a timely and efficient manner. Any buyer wants to receive a quality product exactly when he needs it - for some, the continuity of production depends on this, for others - the fulfillment of obligations to another person. Simply put, any problems with the fulfillment of the contract by the supplier lead to the fact that the customer runs the risk of not fulfilling his obligations to someone else. Therefore, competition documentation for tenders always contains a list of basic requirements for applicants to win the competition. What are these requirements?

Requirements for financial status for participation in tenders under 223-FZ and 44-FZ

A potential procurement participant must have a satisfactory financial position, or better yet, good or even excellent. An unacceptable situation is considered:

• existence of a liquidation process;
• existence of a decision of the Arbitration Court to seize property;
• existence of a decision to declare the company bankrupt;
• availability of a decision to suspend activities in accordance with the Code of Administrative Offenses of the Russian Federation;
• presence of a criminal record or a decision to deprive the manager and chief accountant of the right to engage in certain activities.

All these cases allow the customer to automatically reject your application in the competition as not meeting the documentation requirements. The absence of these court decisions and the liquidation process is confirmed in writing by the participant; if necessary, checking the accuracy of your data will also not be difficult. The financial situation of the participant must be at least satisfactory; to confirm this fact, the application must at least be accompanied by financial statements for the past year and for the last period of the current year.

Absence of unscrupulous suppliers in the register

Information about the applicant must not be in the register of unscrupulous suppliers. The register is available to everyone on the Procurement Portal zakupki.gov, verification is carried out using the search function.

At the time of submitting an application for the tender, the participant must not have debts on taxes and fees, the payment period of which has already arrived (as a last resort, the debt should not exceed 25% of the book value of the supplier’s assets). Depending on the competition and the customer, this condition may change: a different percentage may be established, and only the complete absence of debts to the budget is indicated.

A potential bidder must have possibility of contract execution and delivery experience similar goods or performance of similar services. Depending on the competition, the requirement may extend for a certain period. For example, experience in similar deliveries over the last year, over the last three years, etc. is required. To confirm this information, it is necessary to fill out certain application forms, provide official reviews from buyers, and copies of executed contracts.

When considering the application of a specific participant, the customer must understand that the applicant can fulfill its obligations: that the goods are in stock and are owned by the supplier - for intermediaries, that the products will be produced on time according to the presented schedule - for manufacturers, etc.

In order for a participant to fulfill the terms of the contract, he must have the necessary resources, For example:

• production capacity;
• equipment and other technical means;
• own or rented premises;
• labor resources with appropriate qualifications;
• other resources necessary to fulfill the obligations assumed.

Evaluation of a participant's application begins with checking compliance with the listed requirements. Then the commercial proposal itself and its annexes are evaluated. What do customers pay attention to?

• Have all the forms listed in the tender documentation been completed and submitted?
• Does the participant agree with the terms of the draft agreement and the expected deadlines for its execution;
• Does the commercial proposal comply with the form established by the documentation, and also

meet the requirements:

1. names of products (works, services)
2. specifications
3. production volumes
4. delivery or execution time

Separately, proposals are considered where the supplier offers analogues of goods or services.

1. They check whether a commercial offer has been given for all positions of the lot or only for part of it;
2. They check whether the amount of the commercial offer does not exceed the total limit amount for the competition, as well as positional limit prices;
3. Are there copies of passports, certificates and other technical documentation for products in the appendices to the commercial proposal;
4. Does the supplier agree to fulfill all conditions for the delivery of goods to the customer;
5. Have all the necessary information about the company been provided?
6. Does the company have experience in executing similar contracts, in what volumes and with what results (examples of contracts, customer reviews);
7. Has the company participated in litigation, for what reason and for what amount, with what result (won/lost in court);
8. Are the constituent documents presented in full, is a copy of an extract from the Unified State Register of Legal Entities attached to the application;
9. Are the required financial statements presented in full?
10. Do the application include letters of guarantee from manufacturers or their official representatives, copies of dealer agreements or existing supply contracts between the participant and its suppliers;
11. Does the participant involve sub-suppliers to fulfill the contract, and also:

• whether subcontractors are classified as SMEs - if such a requirement is in the documentation;
• whether the participant provided information on subcontractors and their work experience;
• whether subcontractors have provided the necessary financial statements to demonstrate their acceptable financial position.

Each customer can present its own requirements to potential participants that do not contradict current legislation. Before drawing up an application for a competition, you need to read the documentation very carefully and note what exactly the customer requires from you.

Participation in procurement is divided for the supplier into two separate stages: procurement search and submitting an application for participation in it.

Searching for open procurement today can be implemented in several ways: using the Unified Information System, using an electronic platform search engine, or using “aggregators”. The UIS contains data on all purchases, but only in relation to regulated customers. On the electronic platform you can also find data on purely commercial purchases, but the circle of customers is limited only to users of this platform. In addition to active search capabilities, the electronic platform provides the supplier with the ability to passively search: a supplier who has selected a core industry for himself in the mailing settings receives messages about all purchases announced in this industry.

After a potentially interesting purchase has been found in one way or another, you must carefully study the documentation of this purchase. If, after studying the procurement documentation, interest in the purchase has not disappeared, you must submit an application. The application is drawn up in strict accordance with the form specified in the procurement documentation.

Before sending an application, it is possible, through “negotiations” with the customer, to eliminate from the documentation conditions that unreasonably burden the supplier or create a risk of limiting competition. Each condition of the procurement documentation in the form in which it exists at the time of submission of the application is mandatory for the supplier.

If the purchase is carried out in a traditional way – i.e. “paper” form, the application is usually sent to the customer in a sealed envelope indicating the details of the procedure, but without indicating the name of the supplier. If the procurement is carried out electronically, then the application is sent exclusively in the form of an electronic document through the electronic trading platform. According to the Antimonopoly Service, when conducting electronic procurement, it is illegal to require the supplier to provide a copy of the application in paper form. Moreover, if an application for participation in electronic procurement is submitted only in a paper envelope without using an electronic signature, then the customer is obliged to reject such an application.

The procurement activities of a regulated organization must necessarily comply with all the principles enshrined in Law No. 223-FZ. When purchasing goods, works, and services, customers are guided by the following principles:

1. information openness of procurement;
2. equality, fairness, absence of discrimination and unjustified restrictions on competition in relation to procurement participants;
3. targeted and cost-effective spending of funds for the purchase of goods, works, services (taking into account, if necessary, the cost of the life cycle of the purchased products) and the implementation of measures aimed at reducing the customer’s costs;
4. no restrictions on access to participation in procurement by establishing non-measurable requirements for procurement participants. (Part 1, Article 3 of Law No. 223-FZ)

The customer has the right to establish a restriction on belonging to a small and medium-sized business, if this is provided for by law. For example, companies whose shares are owned by the state are required to make part of their purchases from SMEs (small and medium-sized businesses). Accordingly, the customer can indicate this condition in advance in the tender documentation, and those who belong to large businesses will no longer be able to take part in it.

IMPORTANT. What the buyer has no right to do:

When conducting bidding, requesting price quotations for goods (hereinafter referred to as request for quotations), requesting proposals, actions that lead or may lead to the prevention, restriction or elimination of competition are prohibited, including:

1. coordination by organizers of bidding, request for quotation, request for proposals or customers of the activities of their participants;
2. creating for a trading participant, request for quotations, request for proposals or for several trading participants, request for quotations, request for proposals preferential conditions for participation in tenders, request for quotations, request for proposals, including through access to information, unless otherwise provided by federal law;
3. violation of the procedure for determining the winner or winners of the auction, request for quotations, request for proposals;
4. participation of organizers of bidding, request for quotations, request for proposals or customers and (or) employees of organizers or employees of customers in bidding, request for quotations, request for proposals. (Part 1 of Article 17 of the Law “On Protection of Competition”)

In addition, as part of the implementation of the principle of free competition, Law No. 223-FZ prohibits the customer himself from unreasonably restricting competition between suppliers. That is, whenever possible, the procurement procedure should be competitive (including request for prices, request for proposals and other simplified ones).

Sometimes products cannot be purchased on a competitive basis or such procurement will be ineffective. The principle of free competition should not conflict with the principle of economic efficiency, and therefore, to ensure such efficiency, the customer can conduct its purchase on a non-competitive basis. However, each case of restriction of competition (for example, carrying out a so-called “direct purchase”, i.e. purchasing from a single supplier) must be justified in the Procurement Regulations - such justification may be circumstances of force majeure, the purchase of products of a natural monopoly, etc. .P.

Situations in which a violation of the equality of procurement participants is possible include the establishment in procurement documentation unmeasurable requirements. Such requirements may be “Having sufficient experience in performing similar work”, “Positive reputation in the market”, “Availability of production capacity”, etc. When conducting a procurement under Law No. 223-FZ, each requirement for a procurement participant must be expressed in quantitative terms, for example: “Work experience in this field for at least 5 years,” “Having at least 10 completed contracts with a similar subject matter of the contract,” etc. P.

1. The provisions of No. 223-FZ as amended come into force on July 1, 2018 (unless another period is directly indicated).

2. Procurement regulations must be brought into compliance with the new edition of No. 223-FZ (approved and posted in the Unified Information System) no later than January 1, 2019. If changes are not made to the Procurement Regulations, then after January 1, 2019, such Regulations are considered not to be posted in the Unified Information System.

The law does not have retroactive effect: if procurement information is posted in the Unified Information System before the date of amendment to the Procurement Regulations, then such procurement is carried out according to the rules in force on the date of publication of procurement information.

Today, the main question for customers working under 223-FZ is: when do changes need to be made to the procurement regulations? And when should we begin to be guided by innovations in the law? July 1, 2018 or January 1, 2019?

The law itself has reference norms, and customers also rely on letters from the Ministry of Finance, where the department states that: “thus, until January 1, 2019, the customer has the right to make purchases in accordance with the procurement regulations as amended, valid until it is brought into compliance with the law No. 223-FZ, Law No. 505-FZ.”

Procurement participant

The previous version of the law stated that a procurement participant is any legal entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual or several individuals persons acting on the side of one procurement participant, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant, which meet the requirements established by the customer in accordance with the procurement regulations.

From July 1, 2018, according to 505-FZ, the phrase “which meet the requirements established by the customer in accordance with the procurement regulations” removed from 223-FZ.

Ruling of the Supreme Court of the Russian Federation dated December 26, 2016 in case No. A40-30177/2016

“... if several persons (a group of persons) are participating in the procurement, the requirements specified in the procurement documentation must be presented collectively to such a group of persons, and not to an individual participant. The establishment by the customer of requirements for individuals included in the collective procurement participant contradicts the legal meaning of the collective procurement participant, as well as the goals and principles of the Procurement Law and violates the provisions of parts 5, 6 of Article of the Law...”

Question: should affiliated participants be allowed to purchase?

Yes, the customer is obliged to allow affiliated participants to participate in procurement. The Customer will only reject applications that do not meet the notice and documentation requirements. Law No. 223-FZ does not provide for any restrictions for affiliated persons (see letter No. OG-D28-12371 dated October 27, 2016).

If the customer establishes a prohibition for affiliates to participate in procurement in the documentation or procurement regulations, he will limit competition.

“Affiliation in itself does not prove that the participants will collude or perform the contract in bad faith. The customer’s demand is unlawful and restricts competition” (FAS decision dated May 25, 2018 No. 223FZ-360/18).

Competitive / non-competitive procurement (No. 505-FZ from July 1, 2018)

The procurement regulations provide for competitive and non-competitive procurement.

• Methods of competitive procurement specified in No. 223-FZ, + other methods of competitive procurement provided for by the Procurement Regulations.
• Procurement from a single supplier + other methods of non-competitive procurement provided for by the Procurement Regulations.

Customers have the right to have both competitive and non-competitive procurement methods, if this is specified in the Procurement Regulations.

The procurement regulations provide non-competitive procurement.

Purchasing from a single supplier + other methods of non-competitive procurement. The procedure for preparing and carrying out procurement from a single supplier (performer, contractor) and an exhaustive list of cases of such procurement are established by the Procurement Regulations.

Competitive purchasing methods:

1. Bargaining:
   • Competition (open, closed, electronic),
   • Auction (open, closed, electronic),
   • Request for quotations (closed, electronic),
   • Request for proposals (closed, electronic).
2. other methods
   • According to the regulations.

Bidding under the Civil Code of the Russian Federation

Bidding (including electronic) is held in the form of an auction, competition or in another form provided by law (Part 4 of Article 447 of the Civil Code of the Russian Federation)

Mandatory conclusion of an agreement - clause 1 of article 447 of the Civil Code of the Russian Federation

An agreement, unless otherwise follows from its essence, may be concluded through bidding. The contract is concluded with the person who wins the auction.

Assignment of rights and transfer of debt under obligations - clause 7 of article 448 of the Civil Code of the Russian Federation

If, in accordance with the law, the conclusion of an agreement is possible only through an auction, the winner of the auction does not have the right to assign rights and transfer debt for obligations arising from the agreement concluded at the auction. Obligations under such an agreement must be fulfilled by the winning bidder personally, unless otherwise established in accordance with the law.

Change of conditions - clause 8 of article 448 of the Civil Code of the Russian Federation

The terms of an agreement concluded as a result of an auction in the case where its conclusion is permitted only through an auction may be changed by the parties if this change does not affect the terms of the agreement that were essential for determining the price at the auction, as well as in other cases established by law .

Competitive procurement

From July 1, 2018 request for proposals and request for quotations cannot be carried out on paper, Either electronic or closed form is provided.

The law states ((part 2 of article 3 No. 223-FZ) (part 1 - 12 of article 33 No. 223-FZ)

• Competitive procurement is carried out in electronic form, unless otherwise provided by the Procurement Regulations;
• Competitive procurement in electronic form is carried out only on electronic platforms.

It is worth noting that RF PP 616 has not been changed or cancelled.

Other methods of competitive procurement must meet the criteria for classification as competitive procurement and the requirements for the procurement procedure.

Criteria/conditions for inclusion in competitive procurement

1) information about competitive procurement is communicated by the customer in one of the ways (posting in the Unified Information System / sending invitations);

2) competition is ensured between participants in competitive procurement for the right to conclude an agreement with the customer on the terms proposed in applications for participation in such procurement, final proposals of participants in such procurement;

3) the description of the subject of competitive procurement is carried out in compliance with the requirements of Part 6.1 of Article 3 No. 223-FZ.

Description of the subject of procurement: (Part 61, Article 3 No. 223-FZ) - competitive procurement

When describing the subject of procurement in the competitive procurement documentation, the customer must be guided by the following rules:

The description of the item of purchase indicates the functional characteristics (consumer properties), technical and quality characteristics, as well as operational characteristics (if necessary) of the item of purchase;

The description of the subject of procurement should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the country of origin of the goods, requirements for goods, information, works, services, provided that such requirements entail entails an unreasonable limitation on the number of procurement participants, except in cases where there is no other method that provides a more accurate and clear description of the specified characteristics of the subject of procurement;

If a trademark is used in the description of the item being purchased, the words " (or equivalent)", except in the following cases:

a) the incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods, used by the customer;

b) purchases of spare parts and consumables for machines and equipment used by the customer, in accordance with technical documentation for the specified machines and equipment;

c) purchases of goods necessary for execution state or municipal contract;

d) purchases indicating specific trademarks, service marks, patents, utility models, industrial designs, the place of origin of the goods, the manufacturer of the goods, if this is provided for by the terms of international treaties of the Russian Federation or the terms of agreements of legal entities specified in Part 2 of Article 1 No. 223- Federal Law, for the purpose of fulfillment by these legal entities of obligations under concluded agreements with legal entities, including foreign legal entities.

“purchases of goods necessary for the execution state or municipal contract"

...conclusion of a civil contract, the subject of which is the supply of goods, performance of work, provision of services (including the acquisition of real estate or rental of property), on behalf of the Russian Federation, a subject of the Russian Federation or a municipal entity, as well as budgetary institution, state, municipal unitary enterprises, with the exception of federal state unitary enterprises that are essential for ensuring the rights and legitimate interests of citizens of the Russian Federation, the defense capability and security of the state, the list of which is approved by the Government of the Russian Federation in agreement with the Administration of the President of the Russian Federation, or other legal entity in accordance with parts 1, 2.1, 4 and 5 of Article 15 of this Federal Law (hereinafter - Contract);

state contract, municipal contract - an agreement concluded on behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipal entity by a state or municipal customer to meet state and municipal needs, respectively.

Practice overview

The inclusion in the procurement documentation of requirements for the purchased product, which indicate its specific manufacturer, in the absence of the specifics of such a product, its use is a restriction of competition.

Indication of a specific trademark or requirements for the purchased product, indicating its specific manufacturer, in the absence of the specifics of such a product, its use, leads to the creation of unreasonable obstacles for procurement participants, leading to a reduction in their quantity, which is a sign of restriction of competition.

In this case, the indication of a trademark in the procurement documentation may be considered acceptable in cases where the purchase of an equivalent product will lead to additional and confirmed costs that exceed the possible benefit of the customer.

Such costs, for example, may be associated with the need to retrain personnel, increase costs for diverse technical maintenance due to the low level of technological compatibility of different manufacturers, etc.

The requirements for the composition of documentation and indication of technical characteristics remained unchanged. The law contains instructions to adhere to the principles of standardization.

Standardization

When compiling a description of the procurement object, the use of indicators, requirements, symbols and terminology relating to technical characteristics, functional characteristics (consumer properties) of goods, work, services and quality characteristics of the procurement object, which are provided for by technical regulations adopted in accordance with the legislation of the Russian Federation on technical regulation, documents developed and applied in the national standardization system, adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to determining the conformity of the supplied goods, work performed, services provided to the customer’s needs.

If the customer does not use in the documentation those established in the order. on technical regulation, law. on standardization of requirements, the procurement documentation must contain a justification for the need to use other requirements related to determining the conformity of the supplied goods, the work performed, the services provided to the customer’s needs.

In the technical specification, where we describe the subject of purchase, it is necessary to indicate:

• functional characteristics (consumer properties), technical and quality characteristics, as well as operational characteristics (if necessary) of the subject of purchase;
• requirements for safety, quality, technical characteristics, functional characteristics (consumer properties) of goods, work, services, sizes, packaging, shipment of goods, work results, established by the customer and provided for by the Law.

Posting information about procurement (Part 5 of Article 4 No. 223-FZ)

When making a purchase, with the exception of purchases from single supplier and competitive procurement carried out in a closed way, the UIS contains information about the procurement, including a notice of competitive procurement, documentation on competitive procurement, with the exception of quotation requests, the draft agreement, which is an integral part of the notice of competitive procurement and documentation of competitive procurement, changes made to these notices and documentation, explanations of this documentation, protocols drawn up during the procurement, the final protocol, as well as other information posted in the Unified Information System provided for by No. 223-FZ and the procurement regulations, except for the cases provided for in parts 15 and 16 of Article 4. ...

When purchasing from a single supplier, information about such procurement provided for in this part, can be posted by the customer in the Unified Information System in the event if so provided procurement regulations.

Conclusions (excerpts from the law):

When making any purchase, other than what is expressly stated,

with the exception of the request for quotation - there is no documentation in the request for quotation (only a notification),

from a single supplier, information about such a purchase provided for by this part can be placed by the customer in the Unified Information System if this is provided for in the procurement regulations - it is posted if the appropriate decision is made,

information, the placement of which in the Unified Information System is provided for by No. 223-FZ and the procurement regulations - other information / “non-competitive procurement” ...

Requirements for notification and documentation exist only in competitive procurement!

It is worth noting that RF PP 908 has not been changed or repealed (some parts conflict with 223-FZ).

Posting information - making changes

Changes made to the notice of competitive procurement, competitive procurement documentation, clarifications of the provisions of the competitive procurement documentation are posted by the customer in the unified information system no later than three days from the date making a decision to make these changes, providing these clarifications. If changes are made to the notice of a competitive procurement, the competitive procurement documentation, the deadline for filing applications for participation in such a procurement must be extended in such a way that from the date of posting in the unified information system of these changes to the expiration date for filing applications for participation in such a procurement at least half of the deadline for submitting applications for participation in such a procurement, established by the procurement regulations for this procurement method, remained.

Protocols drawn up during the procurement are placed by the customer in a unified information system no later than three days from the date of signing such protocols.

Deadlines for posting notices

The minimum period depends on the procurement method

When purchasing among small and medium-sized businesses, the terms are different.

Clarifications (No. 505-FZ from July 1, 2018)

Any participant in competitive procurement has the right to send to the customer in the manner provided for by this Federal Law and the procurement regulations, request for clarification of the provisions of the notice of procurement and (or) procurement documentation.

During three working days from the date of receipt of the request, the customer clarifies the provisions of the documentation on competitive procurement and places them in a unified information system indicating the subject of the request, but without indicating the participant in such procurement from which the specified request was received. In this case, the customer has the right not to provide such clarification if the specified request is received no later than three working days before the deadline for submitting applications for participation in such procurement.

Clarifications of the provisions of the competitive procurement documentation must not change the subject of purchase and essential terms of the draft agreement.

Question: The customer changed the subject of purchase in his clarification. Did he break the law?

The customer bought ceramic bricks. In the technical specifications I wrote the dimensions 250/125/65 mm. One of the participants in a request for clarification indicated that the standard size of ceramic bricks is 250/120/65 mm according to GOST 530-2012. The customer agreed with the comment and explained that bricks with a width of 125 and 120 mm meet the requirements. Thus, the customer changed the subject of purchase, which is illegal. According to the documentation, participants offer bricks with a width of only 125 mm, and according to clarifications - 125 mm and 120 mm.

Conclusion: clarifications should not change the subject of procurement and the essential terms of the contract. If the customer changes the item of purchase, the responsible employee will pay a fine of 2,000-3,000 rubles, and the organization - 5,000-10,000 rubles. (Part 4 of Article 3.2 No. 223-FZ, Part 7 of Article 7.32.3 of the Administrative Code).

Cancellation of purchase

The customer has the right to cancel a competitive procurement for one or more procurement items (lots) before the expiration date and time of the deadline for submitting applications for participation in the competitive procurement.

• The decision to cancel competitive procurement is posted in the unified information system on the day this decision is made.
• After the expiration of the period for cancellation of competitive procurement in accordance with Part 5 of this article and before the conclusion of the contract, the customer has the right to cancel the determination of the supplier (performer, contractor) only in the event of force majeure circumstances in accordance with civil law.

Competitive procurement may include one or more stages provided for by law (must be specified in the procurement documentation and not contradict the procurement regulations):

• Qualification selection for a separate purchase,
• Qualification selection for a series of purchases,
• Alternative offers,
• Post-qualification,
• Pre-contractual negotiations.

Question: Does the customer have the right to indicate the approximate quantity of products in the notice?

No, you have no right. The purchase notice indicates the exact quantity of goods, scope of work or services. This is provided for in clause 3, part 9, article 4 of Law No. 223-FZ.

Based on the results of the procurement, it is impossible to conclude a framework agreement or an agreement of intent that does not indicate the quantity of goods, works, or services. (see Resolution dated January 30, 2018 No. 07AP-11656/2017, A45-20642/2017 of the Seventh Arbitration Court of Appeal).

Securing the application (Part 25 - 27 Article 32 No. 223-FZ - “competitive procurement”)

• Security for the application is not established if the NMDC does not exceed five million rubles;
• If the NMCD exceeds five million rubles, the customer has the right to establish a collateral requirement;
• The amount of collateral is not more than five% of the NMCD.
• Method of security: cash, bank guarantee, other method according to the Civil Code of the Russian Federation.

Conclusion: The customer’s right is not in all cases + special conditions for procurement from SMEs.

Return of application security (clause 24 of the PP dated 12/11/2014 No. 1352)

The monetary security for applications must be returned within the time limits specified in the notice and documentation.

When purchasing only among SMEs, the customer is obliged to comply with deadlines: the money must be returned within seven working days from the date on which the final protocol is signed. The customer must return the money to the winner no later than seven working days from the date on which the contract was concluded, or from the day on which the decision was made not to conclude the transaction.

Part 26, Article 3.2 of Law No. 223-FZ:

The security is not returned in cases where the participant evaded concluding the agreement:

• refused to sign the agreement or did not sign in a timely manner;
• did not provide or provided contract security in violation.

Conclusion of an agreement (Part 15 of Article 32 No. 223-FZ / Part 28 of Article 32 No. 223-FZ)

An agreement based on the results of a competitive procurement is concluded no earlier than ten days and no later than twenty days from the date of posting the final protocol in the Unified Information System. If approval or appeal is necessary, the contract must be concluded no later than five days from the date of approval or decision.

Procedure for concluding an agreement:

Sending the contract to the winner (5 days);

Signing period for the winner (5 days);

Signing period by the customer (3-5 days).

Possibility of sending protocols of disagreements (the procedure for considering such protocols);

Grounds for recognizing the winner as a draft dodger.

Application for participation

The competitive procurement participant has the right to submit only one application to participate in such a procurement in relation to each procurement item (lot) at any time from the date of publication of the notice of its conduct until the date and time of the deadline for submitting applications for participation in such a procurement provided for in the procurement documentation.

Participant in competitive procurement has the right to change or withdraw his application before the application deadline.

Applications for participation in competitive procurement are submitted in accordance with the requirements for the content, design and composition of the application for participation in the procurement, specified in the procurement documentation in accordance with this Federal Law and the customer’s procurement regulations. The application form for participation in the request for quotation in electronic form is established in the notice of the request for quotation in accordance with the procurement regulations of the customer.

Electronic platforms

Competitive procurement in electronic form (Part 1 - 12 Article 3 3 No. 223-FZ)

In accordance with Part 5 of Article 3.3 of Law No. 223-FZ, all electronic documents when carrying out competitive procurement in electronic form must be signed with an enhanced qualified electronic signature.

In accordance with Part 1 of Article 6 of Law No. 63-FZ, only the use of an enhanced qualified electronic signature ensures the recognition of an electronic document as equivalent to a paper document signed with a handwritten signature in any legal relationship in accordance with the legislation of the Russian Federation.

Conclusion: It is advisable to re-issue certificates of electronic signature keys used in procurement.

Electronic form

Until a certain time, the concept of electronic procurement was not enshrined in the law.

Currently, No. 223-FZ does not define the concept of “electronic procurement”.

Conducting such a procurement, including filing applications, providing the customer with access to these applications, and comparing proposals of procurement participants on the contract price must be carried out through the software and hardware complex of an electronic platform while maintaining the confidentiality of information about procurement participants.

Procurement in electronic form within the meaning of No. 223-FZ includes all stages of procurement from publication of a notice to conclusion of a contract.

• ETP according to No. 223-FZ - The list is not established,
• ETP according to No. 223-FZ for closed procurements - The list of ETP is approved by the Government of the Russian Federation,
• ETP according to No. 223-FZ for SMEs - The list of ETP is approved by the Government of the Russian Federation.

Competitive procurement in electronic form (Part 2 of Article 3 No. 223-FZ) (Part 1 - 12 of Article 33 No. 223-FZ):

• Competitive procurement is carried out electronically, unless otherwise stated. provided for by the Procurement Regulations;
• Competitive procurement in electronic form is carried out only on electronic platforms.

When carrying out competitive procurement in electronic form, posting all information are provided by the operator of the electronic platform on the electronic platform.

To a participant in competitive procurement in electronic form to participate in competitive procurement in electronic form it is necessary to obtain accreditation on the electronic platform in the manner established by the operator of the electronic platform.

The electronic signature operator ensures the confidentiality of information:

• on the contents of applications for participation in competitive procurement in electronic form, final proposals until access to them is opened to the customer;
• on the content of price offers of participants in competitive procurement in electronic form, with the exception of holding an auction in electronic form, as well as additional price offers before the formation of the final protocol. Comparison of price proposals is carried out using software and hardware of the electronic platform when generating the final protocol.

Closed purchases

• Information about closed competitive procurement cannot be placed in the unified information system.
• The customer sends invitations to participate in a closed procurement to at least two potential participants.
• The application is submitted in paper form.
• The Government of the Russian Federation determines the features of document flow when carrying out closed competitive procurement in electronic form, as well as a list of operators of electronic platforms for carrying out closed competitive procurement and the procedure for accreditation on such electronic platforms.

Selection of an ETP is possible, but from 07/01/2018 until the selection process, a “paper” form is required.

Cases when customers use closed forms of procurement (Part 1 of Article 35 No. 223-FZ as amended):

1. RP of the Russian Federation dated October 19, 2017 No. 2298-r (transportation of first-class danger goods, weapons, weapons and military equipment);
2. RF RF dated September 27, 2016 No. 2027-r (production of bank notes, small change coins, document forms, government securities, excise and special stamps, postage marks, forms of strict accounting documents);
3. RF RF dated December 24, 2015 No. 2662-r (in the field of nuclear energy use);
4. RF RF dated April 23, 2013 No. 671-r (in the field of insurance of business and (or) political risks associated with export lending and investments);
5. RF RF dated June 30, 2015 No. 1247-r (in the field of space activities);
6. RF RF dated January 20, 2018 No. 51-r (financial services).

The Government of the Russian Federation determines a list of operators of electronic platforms for closed competitive procurement.

Procurement in electronic form - participants are only SMEs:

(Part 10 - 11 Article 3 4 No. 223-FZ)

• Competitive procurement with the participation of small and medium-sized businesses is carried out through an electronic competition, an electronic auction, a request for quotations in an electronic form or a request for proposals in an electronic form.

Conclusion: from July 1, 2018, customers must make purchases from SMEs only at sites included in the approved list + the functionality of the selected ETPs must be improved.

• The Government of the Russian Federation approves the list of operators of electronic platforms, which meet the requirements established in No. 223-FZ.
• Agreement (at sites selected for the sale of property) - 6 ETP.Unified and additional requirements for ETP - 8 ETP.

ETP according to No. 223-FZ for SMEs

1. The requirements are developed by the Ministry of Finance of the Russian Federation,
2. The requirements are approved by a resolution of the Government of the Russian Federation,
3. Formation of a commission, verification of compliance and conclusion of an agreement with the ETP,
4. Issued by order of the Government.

The Government of the Russian Federation in Resolution No. 656 of June 8, 2018 “Requirements for ETP according to No. 44-FZ” - unified requirements.

The Government of the Russian Federation in Resolution No. 657 of June 8, 2018 “Requirements for ETP according to No. 223-FZ - additional requirements.

• Participation fee (for concluding an agreement) RF PP dated May 10, 2018 No. 564 1% but not more than 5000 (2000).
• Special account
• Independent registrar
• Accreditation.

1. Joint Stock Company "Government Order Agency"

Republic of Tatarstan"

2. Joint Stock Company "Unified Electronic Trading Platform"

3. Joint Stock Company "Russian Auction House"

4. Joint Stock Company "TEK - Torg"

5. Joint Stock Company "Electronic Trading Systems"

6. Closed joint stock company "Sberbank - Automated

bidding system"

7. Limited Liability Company "RTS - Tender"

8. Limited Liability Company "Electronic trading platform GPB"

For the State Defense Order - Closed Joint Stock Company "Automated System of Bidding for State Defense Orders".

Procurement from SMEs

When carrying out a competitive procurement with the participation of small and medium-sized businesses, funds intended to secure an application for participation in such a procurement are contributed by the participant in such a procurement to a special account, opened by him in a bank included in the list determined by the Government of the Russian Federation in accordance with No. 44-FZ.

The ETP operator concludes agreements on interaction with each of the banks, included in the list.

Small and medium-sized businesses receive accreditation on the electronic platform in the manner established by No. 44-FZ.

There is no indication of the accreditation procedure from January 1, 2019 (accreditation in the Unified Information System with subsequent access to all ETPs).

Special account for SMEs

Within one hour from the deadline for submission applications for participation in competitive procurement with the participation of SMEs operator electronic platform directs to the bank information about the procurement participant and the amount of funds required to secure the application. Bank within one hour from the receipt of the specified information performs blocking if there are unblocked funds in the special bank account of the procurement participant in the amount of security for the specified application and informs the operator.

Blocking funds not carried out in case the absence of funds in the special bank account of a participant in such a purchase in the amount to secure the specified application, or in the event of suspension of operations on such an account in accordance with the legislation of the Russian Federation, of which the operator of the electronic platform is informed within one hour. If blocking of funds cannot be carried out on the grounds provided for in this part, the operator of the electronic platform must return the said application to the participant who submitted it within one hour from the end of the deadline for submitting applications specified in the notice of competitive procurement.

Nothing is stipulated in 223-FZ regarding bank guarantees.

The provisions of Article 3 4 No. 223-FZ apply to relations related to procurement, notices of which are posted in the unified information system or invitations to participate in which are sent after the date of commencement of operation of operators of electronic platforms in accordance with the uniform requirements provided for by the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, and additional requirements established by the Government of the Russian Federation in accordance with part 10 Article 34 of this Federal Law.

Purchases under No. 223-FZ, where participants only SMEs can be will be carried out according to new rules No. 223-FZ only after selecting the ETP, who can carry out such procurements. Until the new ETPs become operational, purchases from SMEs continue as before.

Appeal procedure

1. Starting this year, the list of cases in which procurement participants have the right to appeal the customer’s actions to the FAS has been expanded. A participant has the right to file a complaint with the antimonopoly authority if the customer:

• during procurement, violated the requirements of Law No. 223-FZ or the Procurement Regulations;
• did not publish in the Unified Information System or published in violation of the deadlines the Procurement Regulations, changes to the regulations, information about procurement, contracts and other information that the customer is obliged to place in the Unified Information System;
• made demands on participants that were not provided for in the procurement documentation;
• did not approve and publish the Procurement Regulations in the Unified Information System and, at the same time, conducted the procurement not in accordance with the rules of Law No. 44-FZ;
• did not post in the Unified Information System or published an inaccurate report on the annual volume of purchases from SMEs.

The list of cases of appeal does not include the customer’s violation of the requirements of 135-FZ “On Protection of Competition”, including violation of the requirements of Part 1 of Article 17.

Article 17. Antimonopoly requirements for bidding, request for price quotations for goods, request for proposals.

When conducting bidding, requesting quotes, requesting proposals, actions that lead or may lead to the prevention, restriction or elimination of competition are prohibited, including:

1) coordination by the organizers or customers of the activities of participants, as well as the conclusion of agreements between the organizers of tenders and (or) customers with participants in these tenders, if such agreements are aimed at or lead or may lead to restriction of competition and (or) the creation of preferential conditions for any or participants, unless otherwise provided by the legislation of the Russian Federation;

2) creating for a participant or several participants preferential conditions for participation in tenders, request for quotations, request for proposals, including through access to information, unless otherwise established by federal law;

3) violation of the procedure for determining the winner or winners of the auction, request for quotations, request for proposals;

4) participation of organizers or customers and (or) employees of organizers or employees of customers in bidding, request for quotations, request for proposals.

Violations of antitrust requirements by the customer to the auctions provided for in Part 1 of Art. 17 135-FZ, when carrying out procurement procedures within the framework of 223-FZ from December 31, 2017. can not be subject to consideration by the antimonopoly authority during an administrative appeal against the actions (inaction) of the customer in accordance with Part 10 of Article 3 of 223-FZ on procurement.

Taking into account the amendments made and an exhaustive list of grounds for considering complaints about the actions (inaction) of the customer within the framework of 223-FZ, consideration of requests from procurement participants about the customer’s violation of antimonopoly requirements for bidding, provided for in Part 1 of Article 17 of 135-FZ, can be carried out by the antimonopoly authority from December 31, 2017 only within the framework of Chapter 9 135-FZ, that is, exclusively within the framework of a case of violation of antimonopoly legislation.

2. The general procedure for filing a complaint against the actions (inaction) of the customer and the procurement commission has been determined and the specifics of its application have been established.

From December 31, 2017, 223-FZ (Part 10, Article 3) defines the following procedure for appealing the customer’s actions:

3. Any procurement participant has the right to appeal to the antimonopoly authority in the manner established by Article 18.1 135-FZ, taking into account the features, established by this article, actions (inaction) of the customer, procurement commission, operator of the electronic platform when purchasing goods, works, services, if such actions (inaction) violate the rights and legitimate interests of the procurement participant.

Features of the appeal:

• if the appealed actions (inaction) were committed after the end of the deadline established in the competitive procurement documentation for filing applications for participation in the procurement, appeal of such actions (inaction) can only be carried out by the procurement participant who submitted the application for participation in the procurement (Part 11 of Art. 3 223-FZ);
• consideration of a complaint by the antimonopoly authority should be limited to the arguments that constitute the subject of the appeal (Part 13 of Article 3 of 223-FZ).

Any face (?) including those who did not apply for participation in the procurement, have the right from December 31, 2017 to appeal against the actions (inaction) of the customer during the procurement, which seriously shifts the balance of rights towards procurement participants, as well as the so-called professional complainants. (this follows from a literal reading of Part 3 of Article 3 of 223-FZ)

The procedure for appealing actions (inaction) of the customer or the procurement commission is now directly linked to Article 18.1 of 135-FZ.

By virtue of the direct instructions of Part 2 of Article 18.1 of 135-FZ, a complaint against the actions (inaction) of the customer can be filed only two categories of applicants:

1) procurement participants who submitted applications have the right to appeal any actions (inaction) of the customer or the procurement commission;

2)"other persons"(for example: procurement participants who did not submit applications, SME development corporation, executive authorities of constituent entities of the Russian Federation or organizations created by them) has the right to appeal violation of what is established by regulatory legal acts the procedure for posting information about the procurement, the procedure for submitting applications for participation in the procurement, if, as a result of violation of the procedure for organizing and conducting procurement, their rights and legitimate interests may be violated.

Get accredited on the Electronic Platform. Obtaining accreditation is a simple and free procedure, but takes about one business day.

If necessary, undergo training in working with bidding on the Electronic Platform.

Make sure all documents required to participate in the auction are up to date.

If necessary, prepare the documents and information provided for in paragraphs 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of 44-FZ.

Select the method of providing security for your bid to participate in the auction. Take advantage of our solutions.

Have you applied to participate in the auction?

Expect notification of admission to trading! At this stage, the first parts of applications are considered.

Are you allowed to trade?

Congratulations! Plan your participation in the auction.

The auction organizer rejected your application and you do not agree with this decision?

Auction! The one who offers the most favorable conditions and price wins.

If within 10 minutes from the start of bidding none of the participants submits a single price proposal, such an auction is considered invalid.

If the price offered by the winning bidder is 25% less than the Initial Maximum Price (IMP), such participant is obliged to confirm his reputation and provide security in a larger amount.

If the auction winner avoids concluding a contract, information about this is sent to the Register of Unfair Suppliers (RNP).

Wait for the results of the auction, monitor compliance with deadlines:

Within 30 minutes after the end of the auction - publication of the Protocol of the Electronic Auction (PEA) on the Electronic Platform.

No more than 3 working days from the date of publication of the Protocol of the Electronic Auction (PEA) on the Electronic Platform - consideration by the Customer of 2 parts of the applications, as well as the formation of a Protocol of Summing up (PSI).

No later than the working day following the date of signing the Summary Protocol (SMP) - placement by the customer of the SPI on the Electronic Platform and in the Unified Information System (UIS)

Are you a winner? Congratulations! Provide the Customer with contract performance security and sign the contract

Signing of the contract is possible no earlier than 10 days from the date of publication of the Protocol of Summation (PPI) in the Unified Information System (UIS).

Follow deadlines strictly. The ratio of working days and weekends is not important:

No more than 5 days from the date of publication of the Summary Protocol (SMP) in the Unified Information System (UIS) - the Customer publishes the draft contract.

No more than 5 days from the date of publication by the Customer of the draft contract - the Winner publishes the protocol/draft contract. The winner who did not send a protocol of disagreements or did not send a signed draft contract after 13 days from the date of publication of the Protocol of Summation (SMP) in the Unified Information System (UIS) is considered to have evaded signing the contract.

The ratio of working days and weekends is fundamental:

No more than 3 working days from the date of publication by the winner in the Unified Information System (UIS) of the protocol of disagreements, the Customer publishes a revised draft of the contract (or in a separate document, a refusal to fully or completely take into account the comments in the protocol of disagreements of the winner).

No more than 3 working days from the date of publication by the Customer in the Unified Information System (UIS) of the finalized draft contract - the winner publishes the protocol/draft contract + provides confirmation of contract enforcement.

There is 44-FZ, which regulates government procurement, and there is 223-FZ, which regulates the purchase of goods and services by companies with state participation. Today, purchases under 223-FZ are several times higher than purchases under 44-FZ.

Customers under 223-FZ:

Law 223-FZ regulates absolutely all purchases of its subjects, regardless of the source of income. There are exceptions: purchase and sale of securities, currency values, precious metals, etc. (clause 4 of article 1 of Law 223-FZ). 223-FZ does not regulate these purchases; they go beyond its scope. And budgetary institutions have their own characteristics.

Oleg Birulya, tender expert, comments: “Budget institutions are organizations that operate within the framework of 44-FZ. According to 44-FZ, they spend public money. But these organizations have financial resources that come in the form of additional earnings. For example, in the form of grants. Or from leasing space - these are their extra-budgetary funds. There is another case: when a budget institution is itself the contractor under the contract. In these cases, budgetary institutions can use 223-FZ instead of 44-FZ. But there are some peculiarities: this year, a state employee can work under 223-FZ only if he has created a procurement regulation and posted it before the beginning of the year. If the regulation was created and not posted before the beginning of the year, a state employee does not have the right to carry out procurement activities within the framework of 223-FZ.”

This rule is common to all subjects of 223-FZ. If the procurement regulations were not accepted and posted on time, they end up in 44-FZ. That is, the question is not whether I want or don’t want to live according to 223-FZ, but whether I want to live according to 223 or 44? 44-FZ is applied by default.

Suppliers under 223-FZ. How to find orders

Any legal entity or individual, including an individual entrepreneur (IP), can be a procurement participant. Do you recognize? We have already talked about this above in the article.

On the official website (Purchasing Portal) there is a register of procurement regulations for customers who work under 223-FZ. Information about purchases is also posted here. For small businesses (SMB), a list of goods, works and services that customers are required to purchase under 223-FZ from small and medium-sized enterprises has been published on the official resource.

Document flow in the procurement system according to 223-FZ

Customer documentation (must be developed and published):

We recommend a video recording of the webinar “” if you are a customer and you need to understand how to develop a procurement regulation, make changes to it, what information to enter into the register of contracts under 223-FZ, how to draw up a procurement plan and other documentation under 223-FZ. You will also learn how and within what time frame to post procurement information on the Official Website.

There is also a Register of Contracts under 223-FZ (Resolution of the Government of the Russian Federation dated October 31, 2014 No. 1132 “On approval of the procedure for maintaining a register of contracts concluded by customers as a result of procurement”) - common for customers of “all Rus'”, the register is maintained by the Treasury. There is a similar register in government procurement under 44-FZ. A supplier who can read will find there a lot of interesting and useful information about the customer’s activities.

Procurement Regulations under 223-FZ

By itself, Federal Law No. 223-FZ dated July 18, 2011 contains only eight articles. By and large, work under 223-FZ is regulated by the Procurement Regulations, which the customer creates himself and subsequently conducts his activities in accordance with this regulation.

Procurement Regulations - the customer’s procurement activities begin with this document; for him this is his own “law”. And for suppliers who want to take part in the procurement of this customer, this is also a law.

Customer actions:

Procurement regulations are also created by budgetary organizations that work together under 44-FZ and 223-FZ.

The customer has the right to adjust the procurement regulations as many times as necessary. When making changes on the official website, the customer must publish 2 documents:

If the customer does not apply either the procurement regulations or the norms of 44-FZ, there will be a fine (Part 3 of Article 7.32.3 of the Administrative Code):

In this video advice, Oksana Shipunova, a specialist in the field of procurement under 223-FZ, talks about administrative responsibility if the requirements for the formation of a procurement regulation and its placement on the official website are not met, and if the regulation was not applied during procurement.

You will hear interesting comments about the practice of applying Part 3 of Art. 7.32.3 Code of Administrative Offenses of the Russian Federation, on the position of the FAS. For example, according to the FAS, even one purchase without regulations is a reason to transfer the materials to the prosecutor. This will entail an unscheduled inspection, during which fines will be imposed for all such identified cases of procurement not in accordance with the rules:

Participant's application

There is no clear list of requirements for the application; the customer has the right to formulate the requirements himself.

The supplier should carefully review the documentation, study the application requirements set by the customer, and draw up his application in accordance with these requirements.

The customer has the right to establish requirements for procurement participants:

Procurement regulations under 223-FZ: what should it contain?

223-FZ: electronic signature

The customer cannot work at all without an electronic signature (ES). Because you need to publish documents and place purchases in a unified information system. The supplier can find and read the Procurement Regulations, other documents, and, in fact, any procurement, but without an electronic signature he will not be able to participate in them if the procurement is carried out electronically.

Order an Electronic signature. It is accepted at more than 150 sites: according to 223-FZ, at all state sites, at commercial sites.

Everyone knows about electronic signatures in government procurement. With EP according to 223-FZ, everything is both simpler and more complicated. It’s simpler because there are no strict requirements for an electronic signature certificate (as in government procurement, where the requirements of 63-FZ and 44-FZ converge, and where there are different signatures for customers and for suppliers). To participate in procurement under 223-FZ and to organize such procurement, you simply need a qualified certificate. It’s more difficult because there are no strict requirements for an electronic signature certificate and each customer, generally speaking, has the right to create his own electronic platform and develop his own requirements for participants in electronic procurement. This includes requirements for a certificate with which you can enter this site. And each site where procurement takes place under 223-FZ also has the right to its own opinion regarding certificates.

Therefore, when contacting a certification center to purchase an electronic signature certificate, be sure to inform the manager on which sites you are going to work. And then, having purchased a certificate for a specific site, find out where else your certificate will be accepted. Perhaps at the same time you will find new purchases.

Online course ". An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”. Advanced training (72 hours)

1. State corporations, state companies, natural monopolies,<…>, as well as business companies in whose authorized capital the share of participation of the Russian Federation, a constituent entity of the Russian Federation, or a municipal entity is more than 50%. Simply put, if the state owns more than 50% of an organization, this organization operates within the framework of 223-FZ. Note, not 49% or even 50%, but more than 50%.
2. Subsidiary business companies, in the authorized capital of which more than 50% belongs to the same organizations in which more than 50% belongs to the state. In practice, they are simply called “daughters.”
3. Subsidiary business companies of subsidiary business companies<…>. And these are already “granddaughters”.
4. Budget institutions:
   • through grants, subsidies;
   • as a contractor under a contract in the event that other persons are involved on the basis of a contract during the execution of this contract for the supply of GWS;
   • at the expense of funds received from the implementation of other income-generating activities (for details about customers under 223-FZ, see clause 2 of article 1 of Law 223-FZ).

• Procurement Regulations.
• Procurement plan.
• Notice of purchase.
• Procurement documentation (technical specifications, requirements for the content, form, design and composition of the application, instructions for filling out the application by procurement participants, etc.).

1. Develop and approve the Procurement Regulations. It must describe in detail: methods of procurement, the procedure for preparing and conducting procurement, the procedure for concluding and executing contracts, as well as a list of industrial and technical materials purchased from small businesses.
2. Publish the Procurement Regulations on www.zakupki.gov.ru.
3. new edition of the procurement regulations;
4. a document containing a list of changes made.

• for legal entities - 50,000 - 100,000 rubles;
• for officials - 20,000 - 30,000 rubles. Officials are understood as any persons who perform the function of organizing and conducting the procurement procedure. And the customer must determine for himself which specific staff units and officials will be responsible for a particular composition of the Code of Administrative Offenses. By and large, these are persons who approve procurement documentation or members of the procurement committee.
• lack of information about procurement participants in the RNP under 223-FZ;
• lack of information about procurement participants in the RNP under 44-FZ.

To display the form, you must enable JavaScript in your browser and refresh the page.

Federal Law 223 was adopted in 2011 and obligated all companies to make purchases more transparently and report on their results. In particular, develop procurement regulations, develop and publish notices and plans in a timely manner.

Which companies are covered by Federal Law 223?

Some companies have been guided by 223-FZ for procurement since 2012, others - since 2014. This depends primarily on the size of the company and its type:

It is important to remember that:

223 Federal Law regulates all purchases made by the company, regardless of their price;

an exchange agreement under 223 Federal Law is a purchase and must comply with the requirements of the law;

The organization’s website is NOT considered an official resource where procurement regulations can be posted: it must be on the website zakupki.gov.ru.

The requirement to publish the regulations on an official resource does not apply to procurements the subject of which is a state secret and procurements worth up to 100 or 500 thousand rubles (depending on the company’s annual revenue).

What purchases are NOT regulated by Federal Law 223?

Purchase and sale of securities and currency values;

purchasing commodity goods on a commodity exchange;

procurement in accordance with 44-FZ;

procurement in the field of international military-technical cooperation;

international treaties of the Russian Federation;

contracts binding on wholesale market entities, participants in the circulation of electrical energy or capacity;

carrying out leasing and interbank transactions by a credit institution, including with foreign banks.

If you are interested in effectively participating in tenders under 223-FZ, you can use our tender support service. To search for trades under 223-FZ, you can use ours.

Clarifications on procurement documentation within the framework of Federal Law 223

According to Federal Law, documentation can be provided in any form - paper or electronic. Moreover, the customer may require a fee for providing information in paper form: the terms and conditions for collecting payment are indicated in the documentation. Each potential tender participant can request clarification on the documentation: such a right is reserved to him by clause 10, part 10, art. 4 Federal Law 223.

So, the customer must publish the following information:

within 15 days after approval - procurement regulations;

procurement plan - for at least 1 year;

procurement documents (notice, draft contract, protocols, etc.);

monthly reports no later than the 10th day of the month;

changes in contracts.

Clarifications on the procurement plan under Federal Law 223

The average duration of the procurement plan is 1 year. but for certain types of “goods” a different, longer period is established. For example, for innovative, high-tech and medicinal products - 3 years, and since 2015 - 5-7 years. As a rule, the agreement has a quarterly breakdown and looks like a simple table:

How to conduct a purchase under Federal Law 223?

The method and form of procurement under 223 Federal Law can be any: the right of choice remains with the customer:

from a single supplier (direct);

bidding (auction, competition or electronic procurement);

request for quotations and proposals;

other methods specified in the procurement regulations.

To choose the right procurement method, for example an auction under Federal Law 223, you need to know which of them are used for different goods and services.

Advice: Purchases of printing and office supplies, medical equipment, cars and repairs of office equipment, etc. are carried out only in electronic form. The exception is purchases the subject of which is related to state secrets, direct purchases and purchases to eliminate the consequences of emergency situations.

Responsibility for violation of 223 Federal Law

For violation of Federal Law 223 on procurement, both participants and customers are responsible. Which one is regulated by Art. 7. In particular, according to Part 9 of Art. 3, the procurement participant may appeal the actions or inaction of the customer in court if there are grounds provided for in Part 10 of Art. 3.

Reasons for filing a complaint with the FAS:

failure to place information on procurement, on the annual volume of procurement in the unified information system, violation of publication deadlines or unreliability of information;

requirements to provide documents not provided for in the documentation;

carrying out procurement without a regulation approved and posted in the unified information system.

After considering the complaint, the FAS will issue an order to the culprit to eliminate the violations or bring him to administrative responsibility. The worst case scenario for a procurement participant is that the company is included in the register of unscrupulous suppliers. The FAS makes a decision based on Federal Law 135.

OOO ICC"RusTender"

The material is the property of the site. Any use of the article without indicating the source - website prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation