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.

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:

• Price request
• Request for proposals
• Quote request
• 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.

Priority of Russian goods under 223-FZ

On January 1, 2017, Government Decree No. 925 came into force on the priority of goods, works and services of Russian origin.

Procurement plans under 223-FZ

Customers are required to place purchase 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.

Help on 223-FZ

If you experience difficulties with the application of 223-FZ or do not yet own the provisions of this law, you can contact our specialists. We gladly

Law No. 44 adopted on 05.04. 2013, defines the main provisions public procurement for municipal and state needs. This law came into force in 2014. The law defines the basic principles of procurement, highlighting the promotion of innovation and professionalism of the customer as the main principles.

The customer and the controlling body must work on a professional basis, have all the necessary theoretical and practical knowledge. Now, to carry out purchases, it is necessary to attract specialized workers specially trained for this. And if the amount of annual purchases exceeds 100 million rubles, then specialized divisions should work. If the volume of purchases does not exceed the specified amount, then it is enough to appoint executive, which will perform this work- contract manager. His responsibilities include procurement, reporting, arranging auctions, and so on.

Now to contract system all public procurements and stages of their implementation belong to:

• procurement planning;
• supplier definitions;
• conclusion of a contract, civil law contract;
• features of contracts;
• monitoring;
• audit;
• control.

Procurement planning is an important element of the whole process. The planning process includes the development of procurement plans according to schedules for the entire current year. They should be focused detailed information about all planned purchases. Subsequently, the plans can be amended as necessary, guided by the legislative framework.

With regard to procurement methods, there are nine cases in which a request for proposals can be conducted. This is determined by Art. 83 of the Federal Law. The customer can conduct a request for proposals if the auction tender procedure has not taken place. The procurement system has undergone changes, now the competition is considered a priority for public procurement.

With the new changes, customers are forced to justify their purchases, and not only the price of services and goods, but also their need. In addition, there are anti-dumping and anti-corruption measures that also control purchases for public institutions. If the initial purchase price exceeds 1 million rubles, then in the process of its implementation, a public discussion of the need for goods or services is necessary.

Procurement monitoring is carried out through their transparency, when the documentation is checked at all stages of public procurement. Audit this process is within the powers of the Accounts Chamber, control and accounting bodies and municipalities. The control of this activity is carried out by the bodies of the FAS Russia.

The law also defines new features of the purchase of goods or services from a single supplier. The same name of goods is excluded. And now, purchases worth no more than 100,000 rubles can be carried out on the condition that the total amount of such purchases does not exceed 5% of the amount of all purchases in the schedule, and no more than 50 million rubles. But there are exceptions to this rule, since these restrictions do not apply to purchases for the needs of rural settlements.

The phased entry into force of the Law should end in 2017, when all of its provisions will be in full force.

On Federal Law No. 223

On July 18, 2011, Law No. 223 “On Procurement of Goods, Works, Services certain types legal entities". Compared to Federal Law No. 44, it is softer and does not dictate procurement rules so strictly. Thus, the provisions of the Law do not require justification of purchases, and changes can be made to the schedule at any time. According to Federal Law 223, an already concluded contract can also be amended with regard to price, purchase volumes and terms.

To begin work on Federal Law 223, an institution must adopt the Procurement Regulations and procurement plans. The position must be approved by the head. Further, the Regulation, together with the plan, is posted on a specialized website, and purchases begin from the beginning of next year. Thus, here the procedure is regulated by the Regulation, and not by the Law itself.

On the public procurement portal, the participant must register two personal accounts. All offices must be issued in accordance with two laws in force, according to Federal Law No. 44 and Federal Law No. 223.

The main requirement of the Law is the mandatory posting of information on procurement and reports on procurement on the website. Information is posted monthly, reports are submitted no later than the 10th day of the next month.

Differences between Federal Law 44 and Federal Law 223

In our country, there are two laws in force, on the basis of which procurement activities are carried out in the public sector. The main differences between the two legal acts will be displayed schematically:

Thus, Federal Laws No. 44 and 223 govern the public procurement process. Federal Law No. 44 can be described as clearer; it defines the entire procedure in stages, indicating specific deadlines and other nuances of public procurement, in contrast to the second regulatory legal act. According to Federal Law 223, the customer himself approves the provision in which the procurement and bidding procedure is spelled out in detail.

Purchases according to the rules federal law N 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (Safokhina E.S.)

Article placement date: 04/15/2016

A number of organizations in Russian Federation carry out auctions in accordance with the rules of the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter - Law N 223-FZ). So, on the site zakupki.gov.ru you can find information about auctions not only under Law N 44-FZ, but also under Law N 223-FZ.

Consider the features of procurement in accordance with Law N 223-FZ, as well as the differences between this method and procurement carried out in accordance with Law N 44-FZ.

Law N 223-FZ applies to the following categories customers:

State corporations;

State companies;

Subjects natural monopolies;

Organizations carrying out regulated activities in the field of power supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, processing, disposal, neutralization and disposal of municipal solid waste;

State unitary enterprises;

Municipal unitary enterprises;

Autonomous institutions;

Business companies, in the authorized capital of which the share of participation of the Russian Federation, a constituent entity of the Russian Federation, municipality in aggregate exceeds 50%;

Subsidiary business companies, in the authorized capital of which more than 50% of the shares in the aggregate belong to the above legal entities;

Subsidiary business companies, in the authorized capital of which more than 50% of the shares in the aggregate belong to the above subsidiaries;

budget institutions.

It should be noted that budgetary institutions carry out purchases using subsidies for the implementation of the state task in accordance with the rules of Law N 44-FZ. However, according to part 2 of Art. 15 of Law N 44-FZ, budgetary institutions can use the "double" procurement regime: purchases made with funds received from income-generating activities can be carried out in accordance with Law N 223-FZ.

So, Law N 223-FZ establishes the general principles for organizing procurement. One of its main requirements is that the customer must accept and place on the website zakupki.gov.ru the procurement regulation approved for the organization in the prescribed manner (hereinafter referred to as the Regulation). The regulation is the main document that regulates the procurement procedure: it must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, as well as other state purchases.

Given the huge role of this document, even before submitting an application, you need to study the Regulations of the customer in whose auction the supplier wants to take part.

There are no uniform requirements for the development of the Regulations. Each organization compiles it independently, taking into account the peculiarities of its activities. At the same time, according to part 3 of Art. 2 of Law N 223-FZ, the head of this organization does not always approve it himself. Some customers draw up the Regulations similar to the norms of the Law N 44-FZ, while others use all the possibilities provided by the Law N 223-FZ.

In the procurement system under Law N 223-FZ, several features can be distinguished in comparison with Law N 44-FZ.

In accordance with Art. 447 Civil Code Russian Federation, the main procedures are auction and tender. Their exclusion from the Regulations is unacceptable. In addition to these procedures, the customer has the right to make purchases by any other means: request for quotations, request for proposals, competitive negotiations, etc.

A notice of a tender or auction shall be posted at least twenty days prior to the deadline for filing applications for participation in the tender or auction. This basic rule is expressly spelled out in Law N 223-FZ.

According to Law N 44-FZ (Article 33), the description of the object of procurement should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer. When making purchases in accordance with the rules of Law N 223-FZ, the customer has the right to purchase a specific specific product, indicating its brand and model. Such purchases are not a violation if they are not subject to antitrust laws.

Law N 223-FZ has its own List of goods, works and services, the purchase of which is carried out in electronic form. This List was approved by Decree of the Government of the Russian Federation of June 21, 2012 N 616 "On approval of the List of goods, works and services, the purchase of which is carried out in electronic form." It applies to any method of making a purchase other than an auction. At the same time, Law N 223-FZ does not contain other requirements for conducting procedures in electronic form. Thus, the Law does not prohibit electronic procurement using the customer's own software and hardware.

The Regulation may expand the list of grounds for procurement from a single supplier. The legislator allows two cases of purchase from a single supplier: a small amount of purchase and purchase under certain circumstances. Based on the meaning of paragraph 15 of Art. 4 of Law N 223-FZ "small purchase" - this purchase for an amount not exceeding 100 thousand rubles. (or 500 thousand rubles, if the annual revenue of the customer is more than 5 million rubles). To certain circumstances, the customer can include those provisions that are important to the organization. For example, the purchase of vehicle maintenance services or insurance services, etc. Thus, the customer has the right to significantly expand the list of reasons for purchasing from a single supplier in comparison with Art. 93 of Law N 44-FZ.

Decree of the Government of the Russian Federation of November 28, 2013 N 1085 "On Approval of the Rules for Evaluating Applications, Final Offers of Participants in the Procurement of Goods, Works, Services for State and Municipal Needs" establishes limit values the significance of the criteria for evaluating applications for participation in the competition according to the rules of Law N 44-FZ. According to the specified Decree, the main criteria are cost criteria. Law N 223-FZ does not regulate the procedure for evaluating applications and thus provides customers with the freedom to establish their own rules. Including the customer may not take into account cost criteria at all when evaluating applications.

When purchasing, the customer has the right to establish a requirement that there is no information about the participants in the procurement in the registers of unscrupulous suppliers. Such registers are maintained both in accordance with the Law N 223-FZ, and in accordance with the Law N 44-FZ. In the notice, the customer can indicate both registers, and one of them.

According to the Letter of the Ministry economic development of the Russian Federation of October 2, 2015 N D28i-2884 "On clarifications related to the application of the Federal Law of April 5, 2013 N 44-FZ" the amount provided for by the contract concluded in accordance with Law N 44-FZ must be paid to the winner of the purchase in the amount established by the contract, regardless of the application by the contractor of the simplified taxation system or the payment of VAT by the contractor.

At the same time, according to the Regulations of a specific customer, it may be provided that the initial price of the contract is formed without VAT, and, as a result, the supplier's proposal is submitted without VAT. And at the conclusion of the contract, the price can be adjusted depending on the tax regime of the winner.

Law N 223-FZ provides that, based on the results of the purchase, the customer can conclude contracts with several suppliers, thereby dividing the planned volume of the TK "umbrella purchase".

So, on the one hand, Law N 223-FZ provides great opportunities for the customer to make purchases. However, on the other hand, the FAS is increasingly recording cases of violations by the customer of its own Regulations. The Procurement Regulation is binding on both the customer and the supplier.

Federal Law No. 223 is intended to regulate the procedure for making purchases by certain types of legal entities. This law regulates the general principles of procurement. 223-FZ involves the independent development by the customer of a procurement provision for his own organization.

According to law No. 223, the following can act as a customer:

• organizations in which the share of the state is more than 50%;
• companies that are engaged in regulated activities (electricity supply, gas supply, heat supply, water supply, etc.);
• subjects of natural monopolies (gas and oil companies, Russian Railways, etc.);
• budgetary organizations conducting procurement with extrabudgetary funds (grants received, subcontracting funds, own funds etc.).

The supplier (participant) can be both legal entities and individuals including IP.

Electronic auctions are held on any ETP with any conditions of participation at the discretion of the customer. At the same time, the customer has the right to independently set the terms for the purchase and fulfillment of the order, therefore, the tenderers must study the Regulations on the purchase of a specific customer before submitting an application. Also, the customer has the right to independently determine the size and method of securing the contract, as well as change the terms of the contract, having previously agreed them with the supplier.

Conducting an electronic auction

Federal Law No. 223 provides for two methods for selecting suppliers' proposals - an auction and a tender held in electronic form. Electronic auctions are held in open or closed forms. To conduct an open auction, it is necessary to publish information about it in the customer's procurement schedule on the public procurement website. IN open auction Any organization registered on the trading platform. In the case of a closed auction, there is no need to publish information about it in the schedule. Moreover, only companies invited by the customer can take part in the closed auction.

In this regard, 223-FZ defines restrictions on holding such auctions. A closed auction is held in the event of a transaction involving state secrets or in cases where the form for determining the supplier is directly provided for by the relevant decisions of the Government of the Russian Federation. Also, the customer may not post information about the purchase, the cost of which does not exceed a certain amount.

Rules for conducting an electronic auction under 223-FZ

The rules of the auction are determined by the customer. Auctions may be held in one or several stages, if the tender is for complex works, goods or services. The customer determines the timing of the auction. Doing electronic tender can be carried out both in a fixed period and with an extension of the auction due to new proposals from suppliers. The auction step can also be fixed (a certain amount or percentage of the transaction) or non-fixed (a certain range of amounts, or a range of percentages from the transaction). In this case, the auction step can be reduced.

Customer Documentation

• Procurement Regulations;
• Procurement plan;
• Purchase notice;
• Accompanying procurement documentation (requirements for the design, content, composition and form of the application, as well as technical task and other instructions).

Procurement Regulation- This is a document that marks the beginning of the procurement activities of the customer. The document prescribes the method of procurement, the plan for its preparation and maintenance, the rules for concluding and executing the contract, as well as the list of purchased works (goods or services). This provision is published on the public procurement website.

Procurement plan drawn up for a period of at least 1 year. The plan is placed in the open part of the site zakupki.gov.ru and contains information about the purchase and the date of its delivery (taking into account the time period for completing the procurement procedure). The annual procurement plan is divided into periods: monthly or quarterly.

Purchase Notice formed by the customer personal account on zakupki.gov.ru using the functionality of the official public procurement website.

purchase documentation, including the draft treaty should be published in in electronic format on the public procurement website.

Securing a contract in accordance with 223-FZ

According to the law, the establishment of a contract security is not prerequisite however, the customer may require a security guarantee at its sole discretion. In practice, it is customary to secure the contract by transferring a security deposit to the customer's account or providing a bank guarantee. All requirements and methods of providing a guarantee must be set out in the Procurement Regulations. Since the bail Money leads to an inefficient diversion of funds from the company, most e-bidders prefer to use a bank guarantee to secure the contract.

Price request- this is the procedure for determining the supplier by accepting bids from participants. The request for price quotations is a competitive way of making a purchase, in which the customer informs potential suppliers about the need for goods (services or works) by sending notifications electronically.

Request for quotations can be carried out in case of a not too expensive delivery and subject to sending a notice to at least three suppliers. The tender is considered valid if three or more participating companies have applied for participation. If the tender did not take place, then the request for proposals begins anew or a purchase is made from single supplier subject to the indication of such a requirement in the Regulation. The winner is determined by a special commission, which compares the reasonable price and the timing of the order.

Request for proposals

Request for proposals is created by the customer by determining the conditions for the acquisition of goods (services or works), their quality and requirements for the supplier. The generated request is sent to the procurement participants in the form of a notification. Further, the customer receives applications for participation in the procurement from potential suppliers and conducts their consideration by a special commission. Information on the result of the request for proposals is subject to mandatory publication on the customer's website in the public domain, after which a contract is concluded with the winner of the request.

The customer can issue a refusal to conduct a request for quotations or a request for proposals at any stage before the conclusion of the contract without reimbursement to the participants (winner) of the costs incurred in connection with the procurement procedure. However, this right should not be abused, since the regulatory authorities have the right to require the provision of strong arguments for terminating the procedure for requesting quotations or requesting proposals.

It is worth paying attention to the fact that the law provides for disciplinary, civil and administrative liability for violation of the procurement rules. At the same time, penalties can be imposed both on the procurement participants and on the customer, as well as their officials.

Below is a helpful video:

For participants in public procurement, the rules of the game, determined by Law No. 223-FZ, are very important. This article will focus on the types of competitive procedures, customers and innovations that come into force on January 1, 2016.

This article will be the beginning of a series of publications that will describe the procurement procedure in accordance with Law No. 223. Today we will talk about the types of competitive procedures, customers, as well as innovations that will come into force from the beginning of 2016.

Who, in accordance with Law No. 223, can be a customer?

According to Law No. 223, customers can be:

• state corporations, for example, State Corporation "Rosatom";
• state-owned companies, such as OJSC Rostelecom;
• natural monopolies, for example, Russian Railways;
• municipal and state unitary enterprises, for example, the Moscow Information and Analytical Center;
• enterprises of the housing and communal complex, which are regulated by the state, for example, Samaratransgaz;
• autonomous institutions, for example, GAUZ "Dental Clinic No. 2";
• companies whose authorized capital is more than 50% owned by the state, for example, JSC VTB and its subsidiaries (JSC Bank of Moscow and others);
• budgetary institutions and organizations involved in procurement as a supplier, or customers buying goods (services, works) with grants, subsidies and self-earned money (for example, the Institute of Epidemiology).

Customers publish their purchases on the website zakupki.gov.ru, and they can be carried out at any of the sites. Since the number of sites is not yet limited by Law No. 223, there are already more than 150 of them. To track purchases, it is convenient to use search services or the zakupki.gov.ru resource.

Important: for purchases in the amount of less than 100 thousand rubles (for large companies- up to 500 thousand rubles) mandatory publication on zakupki.gov.ru is not required. Often such purchases are placed on the customer's website.

What documents regulate purchases?

Procurement is regulated by the Civil Code of the Russian Federation (Articles 447-449), Laws No. 135 (Article 17) and No. 223, as well as the procurement regulations of each customer. The basic document is the procurement regulation of an individual customer, which indicates:

• conditions for conducting procedures (non-trade and trade);
• a list of goods purchased only in a certain way;
• procurement methods;
• regulations for concluding, amending and executing contracts;
• requirements for securing a contract;
• procedure for preparing and conducting procedures;
• other procurement options.

You may also be interested in:

• Law No. 223-FZ: preparation for participation

  Each supplier involved in the procurement state companies, wants to win more often, spending less money. What actions need to be taken for this?

• New e-signature: is one enough?

  In order to be eligible for federal tenders, obtain public services and submit tax returns, only one electronic signature will suffice.

• Mistakes of public procurement participants

  Participants in public procurement (especially beginners) continue to make typical mistakes. Which of them are the most common?

List of procedures that can be carried out by the customer

Organizations are granted the right to purchase goods (services, works) by any means that are prescribed in their regulations. Procedures can be of two types.

1. Trading. They are mandatory, therefore, must be prescribed by the customer in his procurement regulations. These include closed, open, two-stage and prequalified competitions, as well as closed, open and electronic auctions.
2. Non-trading. When they are carried out, the customer can use known procedures or describe their own. It could be:

• direct purchase (purchase from one supplier);
• open or closed request for proposals;
• open or closed request for quotations;
• other way of placement non-competitive purchases, quotation session, competitive negotiations).

For most purchases, other methods are used. The second place is occupied by purchases from one supplier. However, customers gradually prefer competitive procedures, when several suppliers fight for a contract.

When conducting a tender or auction, the customer's obligations include procedures for concluding a contract with the winner. In other cases, he has the right to refuse to sign the contract with the winner without explaining the reasons. He is not obliged to justify a specific purchase and the initial price of the contract. Also, at any time, the customer can cancel the purchase.

What changes will affect suppliers from the beginning of 2016?

From the beginning of 2016, the following changes will take place.

• The volume of purchases for medium and small enterprises and businesses will increase. This will happen due to the fact that customers with a revenue of more than 2 billion rubles will be required to carry out at least 18% of their purchases from medium and small businesses.
• The list of purchases carried out in electronic form will be expanded. This list is detailed, and it will correspond to the current OKPD ( all-Russian classifier products by type of economic activity).
• A new declaration form for SMEs will be introduced.

A number of suppliers believe that under Law No. 223 it is easier to work with customers. Indeed, the provisions of this Law provide for the following.