Reading time: 13 min

Electronic procurement according to the norms of FZ-223 and FZ-44 should be carried out on electronic trading sites. An electronic platform is an Internet resource on which online auctions are held.

Dear readers! Each case is individual, so check with our lawyers for information.Calls are free.

Electronic trading platforms and public procurement website: differences

When trading in in electronic format state customers and legal entities must place information about the purchase in the EIS. This requirement is mandatory, and for its violation, the customer is threatened with being brought to justice.

Many people confuse the EIS and the electronic trading platform. These are different resources and they do not duplicate each other's functions.

44-FZ limits customers in choosing a site for placing an order. Such an electronic platform must first be accredited by the Ministry of Economic Development for procurement for and (according to part 10 of article 112 of 44-FZ).

The selection of sites for bidding under 44-FZ is carried out in accordance with Part 4 of Art. 59 44-FZ and in accordance with the Government Decree of June 8, 2018 No. 656 “On requirements for operators electronic platforms, operators of specialized electronic sites, electronic sites, specialized electronic sites and the operation of electronic sites, specialized electronic sites, confirmation of compliance with such requirements, on the loss legal entity the status of an operator of an electronic site, an operator of a specialized electronic site”.

On the electronic platform, not only the procurement procedure takes place, but also concluded.

According to the latest Government Decree of 2018 No. 1447-r, two types of electronic platforms are being established. It contains a list of sites that customers are required to use when purchasing under 44-FZ and when purchasing from entities under 223-FZ (under part 3 of article 24.1 of 44-FZ and part 11 of article 3.4 of 223-FZ). The list of such sites includes 8 ETPs:

1. JSC "Agency for the State Order of the Republic of Tatarstan" .

Closed purchases under Part 3 of Art. 24.1 44-FZ and stipulated by Part 4 of Art. 3.5 223-FZ must be carried out through one site: CJSC " Automated system auction of the state defense order.

According to latest changes, a transitional period has been established in the legislation since July 2018. Customers under 44-FZ have the right to conduct purchases under the new rules from now on at one of the 6 previously selected sites. From January 2019, all purchases in electronic format on electronic platforms are the responsibility of the customer. Procurement will be carried out here in the format of a competition with limited participation, open and two-stage competition, and . In the paper version according to 44-FZ, they will no longer be carried out.

The cost of electronic trading platforms for trading under 44-FZ

For participation in electronic auction according to 44-FZ, the participant should first receive and pass on the site.

Accreditation is a procedure for registering a participant on the site after verifying the authenticity of the documentation submitted by him. Accreditation on electronic platforms is free of charge within 5 working days and is valid for 3 years.

There is also no charge for participation in auctions under 44-FZ. According to information letter FAS, since 2014, the operator of the electronic site has not charged a fee for participation in auctions.

So far, participation in trading on the ETP under 44-FZ is free for all participants. But since July 2018, operators of electronic platforms can charge a fee for participation in procurement. The maximum amount of such a fee is prescribed on federal level, operators should be guided by it when setting tariffs.

This is 1% of the contract, but not more than 5 thousand rubles. For small businesses limit value the fee is set at 2 thousand rubles.

The fee for participation in trading on the ETP is transferred to the bank account of the operator. In this case, the commission is charged only from the winner of the purchase. Whereas the payment from the procurement participants with whom the contract is not supposed to be concluded is not charged.

To receive his commission, the site operator must send a payment request to the bank where the special account is opened with the winner of the purchase.

List of sites operating under 223-FZ

Today, 223-FZ does not provide for strict restrictions on the choice of a platform for bidding. Such auctions can be held on one of the 200 electronic platforms operating in Russia. They are not required to undergo a preliminary selection of government agencies, the customer has the right to choose any site at his discretion.

Since July 2018, amendments have been made to the procurement legislation under 223-FZ. Customers should bring their Procurement Regulations in line with the new rules by 2019. From July 2018 to 2019, a transitional period has been established, during which the customer can adhere to both the old rules and the new ones.

So, until recently, in 223-FZ there was no such thing as a purchase in electronic form. At present, this gap has been eliminated, and e-procurement is understood as such a form of bidding, in which the filing, providing the customer with access to bids, comparing offers, signing the contract are carried out using software electronic platform.

Everything according to 223-FZ must be made in electronic format, unless the customer provides otherwise in its Procurement Regulations.

After the concept of “Purchase in electronic form” appeared in 223-FZ, it became necessary to determine the rules for using electronic trading platforms, since this issue had not previously been given due attention. If 44-FZ specifies 2 types of sites (usual for competitive procurement and special for procurement), then 223-FZ already contains three lists:

• ETP according to 223-FZ;
• ETP under 223-FZ for small businesses;
• ETP according to 223-FZ for closed purchases.

Special rules have been established for purchases among small businesses. They are spelled out in hours 10-11 of Art. 34 No. 223-FZ.

This list is similar to the one defined for purchases under 44-FZ and includes 8 sites. According to the requirements of the law, customers under 223-FZ must purchase goods and services from small businesses in the amount of at least 18% of the total annual volume (according to Government Decree No. 1001). Until October 2018, the customer can make purchases from the SMP at any site, after that - only at one of the 8 in the list of the Government.

The cost of participation in the purchase under 223-FZ

The cost of participation in purchases under 223-FZ for some electronic trading platforms is contained in the table. Operators install it at their own discretion, this issue is not regulated by law. They develop tariffs according to various criteria.

The fee for participation in the electronic trading of the SMP under 223-FZ will be charged according to the general rules.

Operators must take into account the limits established by the Government when collecting from the participants a commission for participation in the procurement in the amount of 2 thousand rubles.

Thus, electronic platforms under 44-FZ are currently held on 6 trading floors, which are approved by the government. Starting from 2019, purchases must be fully transferred to electronic format and carried out at one of the 8 sites approved by the Government.

Procurement under 223-FZ in electronic form is not regulated in such detail as under 44-FZ. The list of electronic platforms is not regulated here. After amendments to the legislation, purchases from the SMP should be carried out in electronic format at sites approved by the Government. The remaining 82% of purchases under 223-FZ can be carried out at one of the sites that was chosen by the customer.

The new requirements for ETP are part of the reform to transfer all purchases to the electronic plane. This step will affect the work both in procurement under 44-FZ and 223-FZ. We will tell you when the Ministry of Finance approves the list of trading platforms on which trading will take place from July 01, 2020 and concludes agreements with them.

On 06/18/2018, resolutions No. 656 and No. 657 dated 06/08/2018 on the ETP regulation for procurement under 44-FZ and 223-FZ, respectively, were posted on the official website of the government.

The main objectives of these acts of the Cabinet of Ministers are:

• increase the number of participants in public procurement, incl. and small businesses, by reducing the time, as well as monetary costs for participation in public procurement;
• provide an opportunity to submit your proposals in procurement at any time of the day from any subject of the Russian Federation, incl. and those who are far from the state customer;
• increase the transparency of procurement for state and municipal needs.

ETP regulation according to 44-FZ

ETP regulation according to 223-FZ

Federal Law No. 505-FZ dated 12/31/2017 amended 223-FZ. In particular, the changes also affected the methods of determining the supplier in procurement. certain types legal entities. Now competitive procurement, in which only small and medium-sized businesses (hereinafter referred to as SMEs) can participate, must be conducted in electronic form.

At the same time, it was established that competitive procurement among SMEs should be carried out by the customer on electronic platforms that operate according to uniform requirements.

The Cabinet of Ministers in Decree No. 657 of 08/08/2018 established additional requirements for the functioning of electronic platforms. In particular, defined.

The electronic trading platform "TEK-Torg" is one of the largest trading platforms where purchases are made for the needs of corporate customers and customers working in the field of 223-FZ. The operator and shareholder of TEK-Torg JSC is the St. Petersburg International Commodity and Raw Materials Exchange. In 2018, the ETP "TEK-Torg" was included in the list of venues where e-procurement under 44-FZ and procurement of small and medium-sized businesses under 223-FZ. Information on routine maintenance is posted on the official website of the ETP Operator: www.tektorg.ru
Regulations for work on the ETP, the ETP Participant's Guide are available at the Internet address www.tektorg.ru/documents/223-fz.
Procurements conducted by JSC "LGEK" in electronic form and placed on the ETP "TEK-Torg" can be found in the Register of notifications of the ETP "TEK-Torg".

ETP "TORGI 223"

Electronic trading platform "TORGI 223" is a high-tech, easy-to-use electronic trading platform that allows you to organize and conduct commercial bidding and procurement procedures in electronic form in accordance with the provisions of the Regulations. The operator of the ETP is Center for Electronic Trading LLC, one of the leading companies in the Volga Federal District in organizing and supporting the procurement activities of state and commercial enterprises. Routine work on maintenance and making changes to the functionality of the ETP is carried out on the date and time of routine maintenance, established by the ETP Operator. Information on routine maintenance is posted on the official website of the ETP Operator: torgi223.ru. When performing actions through the ETP, the procurement participant bears the risks of the impossibility of performing any actions on the ETP during routine maintenance on the ETP.
Regulations for the operation of the ETP in the process of corporate procurement of goods, works, services are available at the address on the Internet