Federal purchases under 223 fz. On the procurement of goods, works, services by certain types of legal entities

Illustration: Pravo.ru/Petr Kozlov

Innovations in the law on procurement will significantly change the procedures for 223-FZ. All purchases will be divided into competitive and non-competitive. Priority will be given to the first, which will be conducted mainly in electronic form. The regulations give the customer new responsibilities. In particular, rules have been added on how to describe the subject of the purchase. The main trend is convergence with the stricter rules of the Law on Public Procurement 44-FZ.

On July 1, significant changes to Law No. 223-FZ came into force, which regulates the procurement of state corporations, unitary enterprises and other commercial organizations with more than 50% state participation. The main innovation is that purchases will be divided into competitive and non-competitive. In competitive notices, as a rule, they will be placed in the unified information system (UIS), and such purchases themselves will become electronic by default. An exception is if the customer indicated a different order in the documentation. If only small and medium-sized businesses can participate in the procurement, then the electronic form becomes mandatory, the new law says. He for the first time provided the rules according to which customers should prepare the terms of reference, equated the request for quotations and proposals with the forms of tenders and defined general requirements for them. It also regulates the features of holding auctions and competitions.

Electronic platforms: why no one is ready

The law determined the procedure for conducting competitive purchases in electronic form. Entrepreneurs will have to pass accreditation on new electronic platforms. In order to deposit cash as collateral, the supplier will have to open a special bank account authorized by the Government. According to Kalinina, purchases from small and medium-sized businesses will not start working from July 1, 2018, but only after new site operators begin to operate (tentatively in the fall). As Vedomosti reported, the Government extended the deadline for banks to conclude agreements with sites until January 1, 2019. Large customers do not have time to prepare either: at a round table in the Federation Council, they asked for a few more months to dock their programs with the EIS. Suppliers, in turn, need time to open special bank accounts, Kommersant wrote. Despite the delay, customers already need to take into account the upcoming changes, Kalinina warns.

Previously, most procurement regulations contained an open list of purchases from a single supplier. As a result, state-owned companies carried out a third of purchases in this form. A closed list should improve the situation.

Art De Lex lawyer Anna Bolshakova

In addition, there were rules for describing goods, works or services in competitive procurement:

it is necessary to indicate the functional characteristics (consumer properties) of the object, as well as technical, qualitative and, if necessary, operational;
in most cases it is impossible to indicate trademarks, trade names, the country of the manufacturer, etc., since this unreasonably limits the number of procurement participants;
if it is still necessary to name a trademark, it is necessary to provide for the possibility of an equivalent. The law calls exceptions, for example, a spare part or consumable for a car is required and the manufacturer requires exactly the original.

Instead of the initial (maximum) price of the contract, it will be possible to set the price of a unit of goods and the maximum price of the contract. Another option is the formula for determining the contract price and its maximum value.

223-FZ+44-FZ=?

According to Kalinina, 223-FZ has ceased to be a framework law that defines only general principles and transfers most issues to the customer. Now the freedom of the customer is significantly limited.

The main trend is the convergence of the rules of the 223rd and more stringent 44th laws. The new restrictions in 223-FZ are largely mechanically written off from the public procurement law 44-FZ, but it has a completely different subject of regulation.

DS Law Partner Maria Kalinina

The trend is visible in the example of the new rules for describing the items of purchase. They are written off from 44-FZ, but are not adapted to the specifics of corporate procurement, continues partner DS Law. But in general, she advocates restricting the rights of corporate customers: "Until now, it was a very uncompetitive market, where it was customary to fish in troubled waters."

Suppliers should now prepare new procurement regulations that would meet all the requirements of the new edition of 223-FZ. “Our lawyers help joint-stock companies, autonomous institutions and other corporate customers to be in time by July 1,” Kalinina shared. But not everyone is doing it. In this case, they will be spurred on by complaints from suppliers when the changes go into effect.”

Let's analyze the basics of procurement under 223-FZ for beginners. Certain types of legal entities fall under its action. These are state corporations, state companies, public companies, entities of natural monopolies, organizations operating in the fields of electricity, gas supply, heat supply, water supply, sanitation, autonomous institutions, business entities in which the state's share of participation exceeds 50% and their subsidiaries.

Sometimes, according to the norms of Law No. 223-FZ, public institutions and unitary enterprises carry out purchases, if these are procedures at the expense of grants and subsidies, at the expense of their own income, or in which customers act as a contractor under the contract and involve third parties to fulfill obligations.

Law No. 223-FZ establishes only general rules for conducting auctions. In it you can find the rules for conducting electronic procedures, requirements for closed purchases and purchases from a single supplier, departmental control over the activities of customers.

The customer establishes all the basic rules for conducting procurement in his position - this is the main document regulating his procurement activities.

As for the methods of procurement, the main ones are listed in 223-FZ. These are competitive procedures: competition, auction, request for proposals, request for quotations. However, customers are not prohibited from using other procedures. But it is necessary to include them in the provision. At the same time, customers are required to purchase a number of GWS in electronic form (Government of the Russian Federation dated June 21, 2012 No. 616).

Procurement algorithm for 223-FZ for beginners

The new customer needs to do the following:

223-FZ with changes 2020 for dummies

From the beginning of 2020, several important changes to Law No. 223-FZ come into force. First, the period for payment under contracts concluded with small and medium-sized enterprises has been reduced. If earlier the money had to be transferred within 30 days from the date of execution of the acceptance documents, then from January 2020 the period was reduced to 15 days (Government of the Russian Federation of September 18, 2019 No. 1205). The period is counted in business days.

Secondly, we increased the minimum volume of purchases from SMEs. In particular, the minimum annual volume of purchases from SMEs increased from 18% to 20% of the annual value of all contracts (Government of the Russian Federation dated 08/01/2019 No. 1001).

Training in 223-FZ from scratch

Neither customers nor suppliers are required to undergo training under Law No. 223-FZ. However, you need to get basic knowledge. Knowing the principles of procurement, the requirements for them, the customer will not make mistakes and receive instructions from the Federal Antimonopoly Service, save money and satisfy his needs for high-quality GWS.

Education can be remote and offline, full-time and short-term, paid and free. Training from scratch for dummies usually concerns the basics of procurement activities under Law No. 223-FZ. These are the provisions of the law and related regulatory legal acts, the rules for drawing up a procurement regulation, the basics of planning, the stages of procurement, the rules for drawing up contracts, and reporting.

In addition to training for yourself, there is vocational training. It is carried out on the basis of training centers and universities. Those who complete the course receive a certificate, certificate or diploma of higher education. It depends on the format and number of hours.

Training is just as important for the supplier as it is for the customer. It is important to understand what to look for in the procurement regulations, what procurement methods are, how to select suitable procedures, how the customer reviews applications and why he can reject the application, what criteria are used to select the winner.

Public Procurement Law(both 44-FZ and 223-FZ) regulates the conditions and procedure for concluding transactions for the purchase of marketable products, the performance of work or the provision of services, where one of the parties is a public authority or an organization with state participation in capital. However, studying all the details can take quite a lot of time and is far from always advisable, because sometimes a brief description of the content, which we offer in our article, is enough.

Legislation on public procurement 2017-2018 (main documents)

Public procurement is an auction-competitive form of placing orders for the provision of commercial products, the performance of work or the provision of services for state / municipal needs. At the same time, the conditions for concluding a transaction are stipulated in advance in the trade documentation. Such a system is designed to regulate contractual relations between government customers and suppliers.

The core of the regulatory framework governing public procurement issues is the following legislative acts:

Law "On the contract system ..." dated April 5, 2013 No. 44-FZ.
Law "On the procurement of goods ..." dated July 18, 2011 No. 223-FZ.

The main differences between these regulations are that:

Law 44 on public procurement considers only state organizations as a customer, while procurement law 223-FZ also includes enterprises with a state share in the authorized capital and some budgetary organizations as customers.
The public procurement law 44-FZ fully regulates the procurement procedure, while the law 223-FZ contains reference norms to the procurement regulation for each specific case (clauses 2, 3, article 3 of law No. 223-FZ).
Methods of public procurement by Law No. 44-FZ are exhaustively defined, while Law No. 223-FZ leaves this choice to the customer.

Let's take a closer look at each piece of legislation.

Scope of the Procurement Law 44-FZ

Federal Law 44 on Procurement is quite detailed and voluminous. This is due to the fact that it regulates relations in the field of public procurement at all stages of the procurement procedure - from planning to control. The scope of application of Law No. 44-FZ is reflected in detail in Article 1.

According to the rules of the Law on Public Procurement No. 44-FZ, transactions must be made if the customer acts as a customer (clause 3, part 1, article 1):

state body or body of municipal authority;
management body of the state non-budgetary fund;
budgetary or state institution;
corporations "Rosatom" and "Roskosmos";
state or municipal unitary enterprise (with some exceptions).

At the same time, the provisions of Law No. 44-FZ do not apply in cases (part 2 of article 1):

Execution of a transaction to receive the services of international financial institutions established in accordance with international agreements to which Russia is a party.
Conducting procurement in the process of ensuring the safety of witnesses, victims, judges, etc. (within the framework of the laws “On state protection of victims ...” dated 08.20.2004 No. 119-FZ and “On state protection of judges ...” dated 04.20.1995 No. 45-FZ) .
Acquisition of precious metals and precious stones to replenish the State Fund of Russia, including state funds of the constituent entities of the Russian Federation.
Providing or appointing a free lawyer to citizens.
Procurement by election commissions during elections, referendums (with a few exceptions, in accordance with paragraphs 6, 7 and 9 of part 2 of article 1).
In preparation for the 2018 FIFA World Cup and the 2017 Confederations Cup, in accordance with the requirements of paragraph 8 of part 2 of Art. one.

Summary of federal law 44 on public procurement

Law No. 44-FZ consists of 8 chapters, including 114 articles (120, counting with additions). Briefly, the content of the normative act in question can be divided into 2 parts:

Part 1

Chapter 1 is devoted to general provisions, is an introductory part of the law, which, among other things, determines the scope of the document, the basic concepts, the principles of the contract system, and the objectives of procurement. So, the law refers to the principles of the contract procurement system (Articles 6-12):

openness and transparency in the field of information;
ensuring competition;
customer professionalism;
unity of the contract system;
other.

In addition, Chapter 1 regulates the nuances of procurement by certain legal entities (Article 15), which, in essence, is a distinction between their application of this law and Law No. 223-FZ.

Chapter 2 is devoted to planning in the field of procurement. For these purposes, the law determines the procedure for the formation of plans and schedules, making changes to them and the procedure for familiarizing interested parties with these documents.
Chapter 3 deals with procurement. This is the main part of the law, consists of 7 paragraphs, the provisions of which regulate:
- general principles of procurement;
- the procedure for determining the party to the transaction through tenders, auctions, requests for quotations and requests for proposals;
- closed ways to determine the supplier;
- order of purchases from a single supplier;
- procedures for the execution, enforcement, modification and termination of the contract.

Part 2

The second part of the law is represented by chapters on control and supervisory procedures, the procedure for appealing against the actions of certain participants, as well as the specifics of certain types of procurement.

Chapter 4 defines the procedure for monitoring and auditing in the field of procurement.
Chapter 5 regulates the procurement control procedure, including:
- establishing a list of regulatory bodies;
- determination of the forms of control;
- the procedure for exercising control;
- rules for maintaining registers of contracts of the customer and unreliable suppliers.
Chapter 6 establishes a procedure for appealing against incorrect actions of procurement participants, including the procedure for filing / considering complaints and liability for violation of procurement legislation.
Chapter 7 discusses the features of the implementation of certain types of procurement.
Chapter 8 defines the final provisions, including:
- the procedure for the development, formation and implementation of a unified information system for procurement;
- transitional provisions for the period from 2014 to 2017;
- entry into force of the law.

When does the procurement law 223-FZ apply?

The 223rd Law on Public Procurement since 2016 had a wider scope than the version currently in force. In accordance with the amendments made by the law “On Amendments to Certain Legislative Acts…” dated 07/03/2016 No. 321-FZ, which entered into force on 01/01/2017, unconditional procurement by state and municipal unitary enterprises was removed from the regulatory area of the regulatory document in question.

Thus, the provisions of the law on public procurement No. 223-FZ are applied if the following entities with a state stake in their authorized capital exceeding 50% act as customers:

state corporations, natural monopolies, public companies, autonomous institutions, business entities with more than 50% participation of public authorities;
organizations carrying out regulated activities in the field of resource supply (water supply, electricity supply, etc.);
subsidiaries with state participation in the capital of more than 50%;
subsidiaries, more than 50% of the authorized capital of which is owned by subsidiaries with state participation in the capital of more than 50%.

In addition, according to the rules of Law No. 223-FZ, budgetary institutions, state unitary enterprises and municipal unitary enterprises can make purchases if:

They adopted a provision on procurement in accordance with the requirements of Art. 2 of Law No. 223-FZ.
Purchases are made:

through grants;
through subsidies from the budgets;
on the part of budgetary organizations, state unitary enterprises and municipal unitary enterprises, as contractors under a contract with the involvement of other persons on the basis of an agreement for the execution of a concluded contract;
State Unitary Enterprises, Municipal Unitary Enterprises are pharmacy organizations;
from funds from other income-generating activities (for budgetary organizations).

SUE refers to enterprises that are essential for ensuring the rights and interests of citizens, the defense capability and security of the state and is named in the list, approved. Decree of the Government of the Russian Federation of December 31, 2016 No. 2931-r.

Summary of the Procurement Law 223-FZ

In comparison with Law No. 44-FZ, Law No. 223-FZ is more compact. It consists of only 11 articles, each of which, however, is quite voluminous.

The norms of the law 223-FZ define:

goals of regulation and relations regulated by the document;
legal basis for procurement;
principles and main points in the procurement;
information support for procurement, including provisions on registers of contracts and unreliable suppliers;
control measures during procurement;
liability for violation of procurement laws.

Why are public procurement laws worth studying with comments?

As can be seen from the brief content of the documents under consideration, Law 223-FZ is in many respects similar in structure to Law No. 44-FZ. That is why it is very important to correctly distinguish between these regulations when conducting procurement in specific circumstances. A significant help in this matter can be the study of public procurement laws 44-FZ and 223-FZ with comments to them, which are generously offered both on paper and in electronic form on the Internet.

Thus, the brief content of these laws can only be of an auxiliary nature, helping to form only a general idea of them. In actual application, it will be necessary not only to scrupulously study the acts, but also to turn to the help of legal commentaries and practice.

Federal Law 223 on Procurement came out back in 2011, and began to function in 2012. By now, not everyone has figured out what it is and how it differs from the previous version. More details and features of the functioning of this regulatory act can be found in this article.

According to 223 Federal Law on procurement, only certain persons can be considered customers of public procurement. These include:

Large corporations, companies, monopolists that arose naturally due to the lack of competition in the market. An important condition is the share of the state in the authorized capital. The law sets a limit of at least 50% of the authorized capital.
Subsidiaries of large companies. To participate in public procurement, they need to meet specific requirements. This can be 50% of the capital of the parent company, or 10 billion rubles, expressed in the cost of common investment projects supported by the state.
Budgetary institutions or unitary enterprises. It is important that these persons become buyers only at the expense of their own funds or grants.

Preparation for procurement activities

For those wishing to participate in public procurement, there are the following necessary steps:

The digital signature must be registered in any certification authority.
You must register on the public services portal.
On the site that regulates public procurement, you should also register.
Formulation of provisions.
Creation and subsequent placement on the website of documentation, including a plan for conducting procurement activities.
You need to complete the profile setup on the government procurement site.
Providing complete and specific documentation to persons involved in this process.

After the implementation of all of the above activities, the person becomes a direct participant in the competition. Based on its results, a contract is concluded with one of the contestants.

Publication of information in the EIS

The following data must be entered into the Unified Information System:

Procurement methods required for events.
The procedure for bidding, which assumes the customer.
Selection of prospective suppliers, methods of its implementation.
Terms of the project and the period of transfer of funds according to the calculations.
The procedure for concluding an agreement between the parties.
Procedure and payment for work performed.
The procedure for imposing fines and their amount.
Algorithms for solving possible conflict situations.

It is also mandatory to upload other documents related to procurement activities. These include plans and notices for procurement, the draft contract itself and protocols drawn up during the procurement.

There is no need to publish all data on upcoming purchases if their amount does not exceed 100,000 rubles. Any information relating to state secrets is subject to prohibition.

The most important thing for the customer is the timing table

According to 223-FZ, the deadlines established by law must be observed without fail. These include:

Placement in the EIS of the Procurement Regulations, as well as all related changes within 15 days.
Placement of a notice of purchases within 20 days or changes to it within three days.
Responses to participants' inquiries up to those days from the moment they were received.
Procurement protocols and publication of the contract signed by the parties, for which 3 days are also given.
Changes under the contract within 10 days from the date of their introduction.
Monthly Procurement Report, due on the 10th of each month.
An annual report submitted during January of the year following the reporting year.

In addition to the above, there are additional deadlines regarding the acceptance of applications from participants. They depend on the size of the supplier, the selection procedure and the financial volume of the project. In general, this is a range of 5-7 days.

Differences between Federal Law 44 and Federal Law 223

The main difference between Federal Law 223 is that it is simpler for procurement participants and imposes less stringent requirements. For example, according to it, participants independently formulate the rules for conducting purchases, any specialist of the company can make purchases, and auctions can be organized on any of the 150 electronic platforms. In addition, 44 FZ can find a number of differences:

The volume of this law is 10 times larger, which simplifies the work of beginners, but it is absolutely not necessary for professionals.
Violation of any paragraph of the regulations is fraught with a large fine and the organization is blacklisted.
Purchase volumes from one supplier are limited.
Only 5 e-trading platforms are available.
Strict deadlines for compliance with each stage.
The winner of the auction must provide contract guarantees in the amount of 5-10% of the total amount, depending on the wishes of the customer.
The customer cannot independently amend the contract or terminate it.

These points cannot be called shortcomings, since they make the public procurement procedure more specific, which helps not to get lost in self-regulation, since all stages are pre-scheduled. Federal Law 223 allows you to independently formulate the deadlines for completing the stages.

Last edition of 223-FZ

In January 2019, the State Duma considered and adopted a number of changes. The latest version of 223 FZ has amendments regarding electronic trading and suppliers. The following amendments can be considered the most important:

Automatic transfer of data from the company's internal system to the UIS by synchronizing the movement of information, which should save time and facilitate the work of large companies.
The application is secured only if the total cost exceeds 5,000,000 rubles and amounts to 5%.
Changes in key deadlines for notifications.
Creation by customers of a special commission that checks the competitiveness of the purchase.
Prohibition of the purchase of products of a certain trademark, the use of words or their equivalents when purchasing.
Possibility of joining subsidiaries to the purchase carried out by the parent company.
Ability to purchase from one specific supplier.
Creation of special accounts to secure the application in specific banks listed in the law.
Transition of almost all applications to electronic format.

This is not the whole list of changes in the latest edition of 223 FZ. For a full review of the remaining amendments, please refer to the document itself.

The Accounts Chamber has repeatedly drawn attention to such violations as unreasonable pricing and advance payments, withdrawal of purchases from the scope of 223-FZ, uncontrolled involvement of co-executors. This contradicts the very essence of procurement under 223-FZ and leads to tightening the screws.

Advantages of 223-FZ

Purchase justification not required
Procurement planning for 1 year
Justification of the initial (maximum) purchase price is not required
Indication of trademarks in documentation without a mandatory equivalent (limited in 2018)
Convenience of small purchases up to 100 thousand rubles.
Requirements for participants, form of procurement, evaluation criteria are determined by the customer in the procurement regulations

With skillful use of the advantages of the law, the customer under 223-FZ can quickly purchase from an efficient supplier, taking into account the latest requirements for experience, qualifications, technical proposal, etc.

Which customers are required to purchase under 223-FZ

Public corporations such as
- Deposit Insurance Agency (DIA)
- Vnesheconombank (VEB)
- Rosnano
- Rosatom
- Rostec
- Roscosmos
State-owned companies such as
- Rosneft
- Transneft
- Sberbank
- RusHydro
- IDGC Holding
- Rostelecom
- Alrosa
- Aeroflot
Subjects of natural monopolies
- Gazprom
- Post office
Organizations carrying out regulated activities in the areas of
- Electricity supply, gas supply, heat supply
- Water supply, sewerage, wastewater treatment,
- Processing, recycling, neutralization and burial of municipal solid waste
State and municipal unitary enterprises (SUE, MUP)
Autonomous institutions, as well as business companies with a state share of more than 50%
Subsidiary business companies with a share of legal entities (clauses 1-6) of more than 50% (“subsidiaries” of state-owned companies)
Subsidiary business companies with a total share of subsidiaries of clause 7 of more than 50% (“granddaughters” of state-owned companies)
Budgetary institutions, as an exception to 44-FZ, if they receive grants, fulfill government contracts or their own income

Who can participate

A procurement participant under 223-FZ can be:

Any legal entity, regardless of:
- Organizational and legal form
- Forms of ownership
- Locations
- Places of origin of capital
Any individual
Individual entrepreneur
Several legal entities, individuals or individual entrepreneurs acting on the side of one participant

Participants in procurement under 223-FZ must comply with the requirements established by the customer in the procurement regulations and procurement documentation.

The customer has the right to establish requirements for the absence of a procurement participant under 223-FZ in the register of unscrupulous suppliers under 44-FZ.

In practice, in public procurement under 223-FZ, mainly legal entities and very rarely individuals participate.

For foreign companies, participation opportunities are also limited in several areas at once. Most often they submit applications from Russian legal entities.

What is required to participate in the procurement

General steps:

obtaining an electronic signature for trading (EDS);
computer setup, including special software and plug-ins;
for NSR - registration on the official website of the EIS (step by step instructions in our article).

Procurement documentation under 233-FZ

Documents consist of four mandatory components:

Procurement plan according to 223-FZ
Procurement Regulation
Notice
Purchasing documentation.

Procurement plans

Customers are obliged to place procurement plans for the current year in a single information system. It is forbidden to make purchases that are not included in the schedules. You can familiarize yourself with the procurement plans under 223-FZ at the link.

With the plan, everything is quite clear: it indicates what exactly and in what quantity they plan to purchase, but it is difficult to assume what the remaining three contain. Let's take a look at what the rest of the papers are about.

Procurement Regulation

Since 223-FZ on procurement does not regulate in detail the procurement activities of customers, they are obliged to determine such a procedure on their own.

According to 223-FZ, the procurement regulation is a document describing how the auction will be conducted, so it is important to indicate in it:

type of trading;
how the auction will be held, terms;
requirements for contractors and the results of their activities;
documents required for participation;
how applications will be selected;
cost or formula for its calculation;
the procedure for signing the contract and paying for it;
the responsibility of the participants;
an indication that the contractor should not be in the register of unscrupulous suppliers (RNP);
ways to resolve disputes.

After preparation, the regulation is published in the EIS, it is preliminarily approved by the company's management body: the head, the board of directors, the meeting of founders, etc.

If changes have been made to the provision, it should be re-approved and posted in the EIS.

The customer is obliged to post a procurement regulation within 15 days of approval. Download sample procurement regulations.

The customer's procurement regulation is the most important document for the supplier according to 223-FZ.

Yes, there are tens of thousands of customers, but if some of them are of interest to you, we recommend that you carefully study their provisions, in what form they carry out purchases, for what terms they announce, what requirements they set.

Model Regulation on Procurement

State Unitary Enterprises, Municipal Unitary Enterprises, budgetary and autonomous organizations use the standard provision.

It is distinguished by the presence of three invariable parts:

a description of the order in which the procedures will be carried out;
terms of signing contracts;
bidding method and detailed conditions.

Notice

In it, the customer must indicate:

how the procurement will be carried out (method);
detailed information about the customer, including contacts, website address;
the subject of the contract with detailed requirements for characteristics, quantity and other essential conditions;
the place where you need to deliver products or perform work;
initial maximum price;
the period during which suppliers can submit bids;
the date of publication of the procurement documentation;
the order in which the winner will be determined;
other information - everything that the state customer considers necessary and important.

Purchasing documentation

It deciphers and details the data from the notice and the position in detail. The documentation again describes the characteristics, the number of units of the subject of purchase, but with detailed requirements for safety, packaging, shipping.

The customer needs to specify what should be contained in the application and how to draw it up, how participants should indicate information about themselves and their goods or services, how applications will be evaluated and compared.

The documentation also describes:

the procedure and possible methods of payment for goods or services of the supplier;
the procedure for paying related expenses: for insurance, delivery, customs duties, taxes, etc.;
subcontracting rules;
the procedure for providing clarifications;
all dates, including the timing of summing up the results and studying proposals.

If the contractor does not agree with the actions or inaction of the customer, the ETP, the authorized commission, sees in them a violation of the norms of 223-FZ and / or his rights - he has the right to appeal against them by contacting the court or the antimonopoly service.

Where to look for purchases

Procurement under 223-FZ is mandatory published on the official website of public procurement (zakupki.gov.ru).

Notices and all procurement documentation are available free of charge, without registration and in full.

The Tenderplan system allows you to work effectively with purchases under 223-FZ.

What purchases can be made 223-FZ

Competitive is a purchase that is carried out subject to three points at the same time:

The state customer publishes or sends documentation: in the EIS with open access for everyone or sends invitations to at least two potential candidates for a closed procurement;
The subject of the auction is described in detail, its detailed characteristics are indicated, which are essential for the customer;
Provided competition.

If the purchase contradicts one or more items from this list, it is non-competitive.

Types of competitive bidding:

Competition- a popular type of bidding, they are won by the supplier who applied with the most favorable conditions;
Auction- the most common type of bidding, the winner is the supplier who made the lowest bid by reducing NMTsD by an auction step;
Request for proposals- a tender in which the supplier wins, offering conditions that are most suitable for the needs of the customer. Request for quotations in electronic form under 223-FZ - this is a request for quotations;
Quote request- a tender in which the supplier who offers the lowest price wins.

This list is not exhaustive. Customers have the right to determine other forms in the procurement regulations. Competitive types of tenders can be open and closed and conducted electronically, on paper, and consist of one or more stages.

Open tender under 223-FZ

What are other methods of procurement under 223-FZ

We noted above that 223-FZ provides customers with a lot of freedom. And they can abuse it beyond measure. Customers may establish in their provisions other methods of procurement, except for tender and auction, and determine their procedure.

Thousands of different procurement methods have been invented, the exact number of which even the Antimonopoly Service cannot calculate (according to FAS estimates, over 3,500).

Some of the types of procurement not directly provided for in 223-FZ:

Competitive negotiations
Two and three-stage competitions with or without pre-qualification, rebidding, etc.

This abundance of types of procurement is a breeding ground for abuse.

Procurement mechanism

So, the customer posted the position, prepared a notice and documentation.

Now it's time for suppliers to act and submit applications within the deadline specified in the documents. The application can be withdrawn or edited before the deadline for submission.

Any of the potential contractors can send a request with a request to clarify certain points of these documents. He must do this within 3 days and publish it in the EIS, without naming the requesting supplier. If the time allotted for filing applications ends in less than 3 days, then the request can not be answered.

To select a winner, the customer will need to create a purchasing committee.

Purchasing Commission

Another feature of 223-FZ is the need to form a special commission, what is it? Let's consider in more detail.

Before bidding, the customer must create a commission, which should consist of at least 5 members, it is desirable that the specialists be competent in the subject of the procurement.

It performs the following functions:

prepares notice and documentation for procurement;
checks whether the applications meet the specified requirements;
provides clarifications (responds to participants' requests);
evaluates applications or engages experts for this, if necessary;
announces rebidding or bargaining;
negotiates with potential contractors;
determines the winner;
cancels the auction.

Summarizing

As a result of the tender, a protocol is prepared, it is published in the EIS, it must contain:

date of compilation;
the total number of sent applications, the day and time of registration of each of them;
order number by priority for the customer. The application containing the most attractive conditions receives the first place. And if several applications contain the same conditions - they are arranged according to the time of submission, priority is given to the first submitted application from the same ones;
the results of the consideration (if the documentation provides for it): the number of applications that did not fit, the reasons for rejection, the decision of the commission, the reasons if the auction did not take place.

There may be multiple winners! The customer has the right to choose not one contractor, but several and sign agreements with them.

All procurement documents: protocols, clarifications, clarifications are kept by the customer for at least 3 years.

Conclusion of an agreement under 223-FZ

It is possible to sign a contract based on the results of the procurement no earlier than 10 working days after it was carried out (the period allotted for appealing the results of the procedures) and no later than 20 working days from the date of publication of the final protocol in the system.

After the appeal, you can sign the contract within 5 days after the decision to consider the complaint.

Priority of Russian goods under 223-FZ

Effective January 1, 2017 Government Decree No. 925, on the priority of goods, works and services of Russian origin.

On July 10, 2019, the resolution was amended to establish the priority of Russian radio-electronic products in the amount of 30%.

Memo: summary table of terms according to 223-FZ

Document	Timing
Position	Published within 15 days from the date of approval
Changes in position	Within 15 days from the date of approval
notice, documentation (as a general rule)	15 days before the end of the allotted time for submission of applications
With the participation of representatives of SMEs: contests, auctions	7 days before the end of the allotted time for sending applications, if the NMTsD is less than or equal to 30 million rubles 15 days before the end of the allotted time for sending applications, if the NMCD is more than 30 million rubles
· suggestions	5 days prior to its holding, if NMTsD is not more than 15 million rubles
quotes	4 days before the end of the allotted time for sending applications, if the NMCD is not more than 7 million rubles
Changes to Notices and Documentation	Within 3 days from the acceptance of the changes
clarification	3 days from receipt of request
Final protocol and other protocols	3 days
Treaty	Signed within 10-20 days after the publication of the final protocol, posted in the EIS for 3 days
Agreement based on the results of the appeal	5 days

Features of procurement with representatives of SMEs

The tender with the participation of representatives of SMEs is carried out exclusively in electronic form.

Stages of the competition:

During the period allotted for submitting applications, potential suppliers can discuss with the customer the requirements for the subject of procurement, the terms of the contract;
The customer considers all applications, they must comply with the requirements and contain the necessary information provided for by the documentation;
Candidates are being selected. If some items of the application do not meet the requirements - it is rejected.

The notice specifies the terms of the individual stages. Based on the results of each of them, a protocol is drawn up, and as a result of the last one, the final protocol is published.

When changes are made to the notice, suppliers' applications are not rejected, the commission invites them to send final (additional) proposals.

At any stage after the publication of the interim protocol, each potential contractor may refuse to continue to participate in the auction. This is expressed in the failure to provide them with a clarifying (final) proposal.

Electronic auction with representatives of the SMP is carried out according to the following rules:

the supplier makes a bid, reducing the price by a “step”: from 0.5 to 5% of the NMTsD;
it is impossible to make an equal or greater offer of the last bid, as well as it is unacceptable to set a price equal to zero;
you can not reduce the price from your own last offer.

To participate in such a purchase as request for quotations, SMEs need to submit an offer with a price, the supplier's consent to provide the subject of the contract and other documents that the notification provides.

Peculiarity request for proposals with the participation of SME representatives is that it may include a pre-selection stage, which takes place according to the following rules:

the notice clearly establishes the timing of each stage;
requirements are the same for all suppliers and are established by procurement documents;
applications are submitted along with documents that confirm the supplier's compliance with the requirements stated by the customer;
if the application does not match them, it will be rejected.

Where and how are auctions

Bidding involving representatives of SMEs is held at eight official ETPs. The subject must be accredited, otherwise the application will fail.

An application for any competition, auction is a document consisting of two parts. When requesting quotations, it is enough to fill in one part. A quotation is also prepared for each application. The first part is completely devoted to the subject of the purchase. The second - to the supplier. They are served in a certain order.

If these rules are not followed, the application will be rejected. The price offer indicates the cost. If this is provided for by the purchase, additional price offers may be submitted, 3 hours are allotted for their submission.

Collateral is paid according to the general rules (transfer to a special account or a bank guarantee). Therefore, a special account must be opened with a SME representative in advance.

The amount sufficient to ensure the performance of the contract is blocked for a month after the deadline for filing an application. The ETP operator sends the bank information about the amount to be blocked on the supplier's special account, the bank is obliged to respond within an hour if it has enough funds.

If the supplier has not fulfilled all the clauses of the contract, or has fulfilled them improperly, the blocked money is transferred to the customer.

How is the procurement with representatives of SMEs

Bidding is carried out in the following stages:

ETP sends to the customer the first part of the application and the final offer from each supplier during the next day after the time allotted for receiving applications has ended;
The second part is sent during the time set by the notice;
The customer studies the first part and sends the protocol to the ETP, it is published in the EIS within an hour;
Within one hour, the operator sends the price comparison protocol to the customer;
Within 1 day, the commission numbers the applications, forms and publishes the final protocol. In the first place will be the supplier who offered the lowest cost and offered the most favorable conditions, if several performers offered the same price, the one who applied first will win among them;
By means of the ETP, a contract is concluded based on a notice and procurement documentation. He signs with an EDS. If the contractor has claims on the points of the agreement, he sends the protocol of disagreements to the second party. In it, the supplier can indicate which clauses of the contract violate the requirements of the notice or documentation. The customer corrects the inconsistent points, or refuses the contractor with justification of the reasons.

After the transaction is completed, the ETP operator will store all procurement documents for at least 3 years.

findings

As you can see, procurement under 223-FZ is not an easy procedure for novice suppliers. The law regulates many requirements and procedures.

We tried to tell as briefly as possible the essence, the main points of the law 223-FZ, for dummies, if not in diagrams, but in tables.

And if you are confident in your abilities - we wish you success and profitable transactions!

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