Electronic trading platforms - news. Electronic trading platforms - news Open competition 223 fz terms

At this stage, a specially convened commission ranks the proposals of the participants in the manner prescribed by the documentation. In addition, the competition held under 223-FZ has the following features:

1. The order of the procedure is determined by the organizer independently. It must be reflected in the documentation.
2. To compare and evaluate the proposals of the participants, the customer forms a special commission. Its composition may remain constant for all purchases or change due to the characteristics of the procurement object.
3. It is possible to provide the participant with the procurement documentation in paper form. The organizer has the right to set a certain fee for this.
4. According to the current 223-FZ, the tender documentation must necessarily include information on providing the participant with an explanation of the provisions of the documentation.
5. Competition allows rebidding.

Algorithm for holding a tender under 223-FZ

Most often they are:

• Full price of the contract.
• Characteristics of the products offered for delivery.
• The participant has the material and technical resources necessary for the execution of the contract.
• Procedure and terms of payment.
• Delivery time.
• Qualification of personnel involved in the execution of the contract.
• Availability of warranties.

Such criteria allow the customer to choose a supplier that fully meets all requirements. If the winner avoids concluding the contract, the customer is obliged to enter information about such a supplier in the register of unscrupulous suppliers.

Open competition on 223-FZ

• other additional terms associated with the specifics of the purchased products or services.

If you are looking for suitable open tenders under 223-FZ, contact BiCo Group specialists and you will receive qualified support in the field of:

• operational search and expert analysis suitable tender;
• legal advice;
• directed lending in best banks countries;
• execution of any documentation as soon as possible;
• design of modern and effective tools to participate in tenders;
• regulatory certification and licensing;
• marketing and analytical services.

Take part in the open tender under 223-FZ with the support of Biko, and very soon a large and profitable contract will be signed with you! The material is the property of bicotender.ru.

Competitions in federal law 223

Angie wrote: we have a regulation written in ... if up to 400tr then a supplier, if from 400 to a million then a quote, if more then ....... a request for prices is obtained .. or a tender ... If you have an annual revenue of more than 5 billion rubles , then the purchase from units.
you can choose a supplier up to 400 thousand, and if less then it will be a violation. As far as I understand, if you are thinking about a tender, it means that the choice of the winner of the purchase should be according to the best conditions for the execution of the contract, but is there a way in the Procurement Regulations that is analogous to a tender, most often a request for proposals, I don’t know for sure how the request for quotations and prices are described, but usually in these procedures, the only criterion for choosing a winner is price.

Open competition in electronic form according to 223-FZ

Terms of evaluation and comparison of applications 223-FZ are not regulated. The organizer can determine them independently. The contract with the winner is concluded within 20 days after the publication of the protocol on the results of the competition.

Attention

The main stages of the open two-stage competition

1. Formation of tender documentation. The customer develops the procedure for the procedure, the methodology for evaluating applications, determines the timing of the procedure, prepares a draft of the future contract and terms of reference.

Full list information that the customer is required to prescribe in the notice is determined by Article 4 223-FZ.

Publication of the notice on the CAB and ETP. Information is posted by the customer on the ETP. After that, it is automatically duplicated on the OOS.

This is possible only if the selected ETP is integrated with the CAB. Otherwise, the customer is obliged to place the information manually.

Acceptance of applications.

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications. The bidder who offers the best conditions for the future contract is recognized as the winner of the auction.

In what cases is it expedient to conduct a tender? Such a procedure is carried out in a situation where the final price of the contract is not a determining factor. It implies the presence of several criteria for evaluating the proposals of the participants.

This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other. It is advisable to hold a tender if the conditions of the future contract are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase. Features of the competitive procedure An open tender differs from other methods of procurement by the presence of a stage of evaluation and comparison of submitted applications.

When is it appropriate to hold a competition?

This procedure is carried out in a situation where the final price of the contract is not a determining factor. It implies the presence of several criteria for evaluating the proposals of the participants. This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other.

It is advisable to hold a tender if the conditions of the future contract are rather complicated. It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase.

Features of the competitive procedure

An open tender differs from other procurement methods by the presence of a stage of evaluation and comparison of submitted bids. At this stage, a specially convened commission ranks the proposals of the participants in the manner prescribed by the documentation. In addition, the competition held under 223-FZ has the following features:

1. The order of the procedure is determined by the organizer independently. It must be reflected in the documentation.
2. To compare and evaluate the proposals of the participants, the customer forms a special commission. Its composition may remain constant for all purchases or change due to the characteristics of the procurement object.
3. It is possible to provide the participant with the procurement documentation in paper form. The organizer has the right to set a certain fee for this.
4. According to the current 223-FZ, the tender documentation must necessarily include information on providing the participant with an explanation of the provisions of the documentation.
5. Competition allows rebidding. This is possible only if the rebidding procedure is described in the tender documentation. Participation in it is not obligatory for participants. As part of the rebidding, the participant gets the opportunity to improve his offer.

Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it.

Regulated terms of the procedure

The notice of the tender must contain a mandatory deadline for the submission of bids. Moreover, it cannot be less than 20 days from the start date for filing applications. Any changes made to the documentation must be published no later than three days from the date of their entry into force.

If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days.

Terms of evaluation and comparison of applications 223-FZ are not regulated. The organizer can determine them independently.

The contract with the winner is concluded within 20 days after the publication of the protocol on the results of the competition.

The main stages of the open two-stage competition

1. Formation of tender documentation. The customer develops the procedure for the procedure, the methodology for evaluating applications, determines the timing of the procedure, prepares a draft of the future contract and terms of reference. A complete list of information that the customer is required to prescribe in the notice is determined by Article 4 223-FZ.
2. Publication of the notice on the CAB and ETP. Information is posted by the customer on the ETP. After that, it is automatically duplicated on the OOS. This is possible only if the selected ETP is integrated with the CAB. Otherwise, the customer is obliged to place the information manually.
3. Acceptance of applications. This time is given to the participant to work out his proposal and complete all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notice.
4. Opening access to applications. The details of this procedure should be written in the documentation. As a rule, the customer forms and places on the site a protocol, which indicates the number of applications submitted and the proposals of the participants.
5. Final matching of bids. The customer considers all offers received after the rebidding and selects the winner.
6. Formation of the final protocol.
7. Conclusion of an agreement with the winner of the competition.

Based on the results of the procedure, the customer concludes an agreement with the winner, on the proposed terms. If the winner avoids signing the contract, the customer gets the opportunity to conclude a contract with the second-place supplier.

What criteria are taken into account when evaluating applications

At the stage of initial evaluation of applications, the customer evaluates the correctness of all documents, the presence of the application security (if provided by the documentation), the validity of the application, the absence of the participant in the RNP.

Each customer determines the criteria for determining the winner of the competition independently. Most often they are:

• Full price of the contract.
• Characteristics of the products offered for delivery.
• The participant has the material and technical resources necessary for the execution of the contract.
• Procedure and terms of payment.
• Delivery time.
• Qualification of personnel involved in the execution of the contract.
• Availability of warranties.

Such criteria allow the customer to choose a supplier that fully meets all requirements. If the winner avoids concluding the contract, the customer is obliged to enter information about such a supplier in the register of unscrupulous suppliers.

At the end of 2017, the Procurement Law certain types For legal entities, significant changes have been made, which will take effect from July 1.

The legislator regulates in detail the holding of a tender under 223 FZ and other competitive bidding, the concept of electronic tender 223 FZ has been introduced.

Under the new rules, preference is given to electronic trading, and tenders for SMEs will be held exclusively in electronic form.

Consider step by step how to carry out such a procedure according to the new rules.

We are preparing for an open tender under 223 Federal Law

1. We prepare the notice and documentation

The notice contains information about:

• customer;
• method of procurement and deadlines for submitting proposals;
• the subject of the contract and NMC;
• securing an application.

The documentation must include:

• requirements for product properties and description of the object of procurement (without indication of trademarks or with the words “or equivalent”);
• requirements for the preparation of proposals and description of goods;
• order of delivery and payment;
• NMCC;
• deadlines for submitting proposals;
• requirements for participants;
• criteria and procedure for evaluating proposals in accordance with the procurement regulations;
• if available, the amount of the application security. Collateral is not established if the NMC is less than 5 million rubles. In other cases, the customer has the right to provide in the amount of not more than 5% of the initial price (part 27 of article 3.2);
• draft agreement.

2. We place a notice and documentation. The term of the competition 223 FZ establishes a minimum of 15 days from the date of placement of the notice in the EIS (part 17 of article 3.2). When carrying out the procedure among SMEs, the deadline for accepting applications can be reduced (from 7 days with NMC not more than 30 million rubles - part 3 of article 3.4). If a closed competition is held under 223 Federal Laws, information is not posted in the EIS.

3. If necessary, you can cancel the purchase at any time before the end of the acceptance of applications. Later cancellation is only allowed under circumstances force majeure(Chch. 5, 7 Art. 3.2).

4. Making changes. It is possible to change the provisions of the documentation by extending the time for submitting bids so that at least half of the period established by the procurement regulation remains before the deadline for accepting bids. If an open tender is held in electronic form 223 FZ, the customer publishes changes to the EIS, and the operator sends new information to the site within 1 hour and notifies the participants.

5. Clarification of documentation. Any participant can send a request no later than 3 days before the deadline for accepting applications, and the customer is obliged to provide clarifications to the EIS within 3 working days.

How to accept and consider applications for tenders in accordance with Federal Law 223

If it is carried out in paper form, proposals are accepted in sealed envelopes at the customer's address indicated in the notice.

Proposals for the competition in electronic form under 223 FZ are submitted through the electronic platform. Procurement regulations may provide for the following stages:

1. Consideration by the customer of the first parts of applications containing information about the products offered. Participants who have proposed GWS that fully comply with the requirements of the documentation are allowed to the next stage.
2. Consideration of the second parts for the participant's compliance with the requirements and the availability of all documents prescribed in the documentation.
3. Rebidding (if this procedure is provided for by the regulation).
4. Evaluation and comparison of final proposals.

At each stage, the customer draws up a protocol, which is posted in the EIS within 3 days from the date of signing (part 12, article 4). The protocol includes information about the date of signing, the number of applications, information about participants, the results of consideration and the reasons for rejection, the result of the assessment for each criterion.

We conclude an agreement

The customer can conclude an agreement with both one and several participants, if this is provided for by the regulations and documentation.

Deadline for signing: no earlier than 10 and no later than 20 days after the publication of the final protocol. If, in accordance with the statutory documents of the organization, approval by the governing body is required, the contract is signed within 5 days after receiving approval. When appealing to the FAS - no later than 5 days after the decision is made by the control body.

We place information about the contract in the EIS no later than 3 working days after signing (part 2 of article 4.1).

In case of making changes to the agreement, it is necessary to publish information about the changes no later than 10 days from the date of conclusion of the supplementary agreement.

Open competition in electronic form according to 223-FZ

Related Articles

What is an open competition in electronic form according to 223-FZ and how to conduct it from July 1, 2018, read in step by step instructions. In addition, learn about other changes in procurement under 223-FZ.

Since 2018, there have been huge changes in procurement. On December 31, 2017, Law No. 505-FZ came into force, which changed Law No. 223-FZ, supplementing it by about a third. Some of the changes took effect immediately, some more will come into effect on July 1, 2018, and some more on January 1 next year.

One of the most important changes— electronic procurement. Now the tender - open, closed and two-stage - as well as the request for proposals and quotations will become fully electronic procedures. For procurement from SMEs, these four electronic procedures would be the only possible procedures. All this, including an open competition in electronic form, however, becomes possible only from July 1, 2018, and mandatory from January 1 of the next year. By July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations into line.

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The open format of the competition is not the only one that will become electronic. AT in electronic format now they will also hold a two-stage competition, a competition with limited participation, and closed procedures (unless a separate NLA is issued for them). It is assumed that closed competitions will be held at separate venues.

Changes in procurement tenders

Another significant change is that it will not be possible to allocate lots in open or closed electronic tenders from July 1, 2018. From this date, the rules for describing the object of the purchase will also change, for example, now you can never indicate the trademark and manufacturer without adding or equivalent, except for the purchase of consumables and spare parts. In the description of the subject of the purchase, the customer is now obliged to indicate specifications, consumer properties, performance characteristics of the goods.

The security of the application in the competition will be directly determined by the NMCC. So, if the NMCC in the tender is less than 5 million rubles, the customer is not obliged to require security for the application at all, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCC. For large contracts, as well as preferential institutions, there will be a special rate of 0.5-2%.

How to buy car insurance? Can we purchase OSAGO services by requesting quotations or is an open tender required?

Model provision 223-FZ

Prior to the amendments made on December 31, Law No. 223-FZ delegated the obligation to develop the rules for procurement procedures to the customer, who must write them down in detail in his Regulations. This principle is preserved now, but the Regulations will need to be adjusted. According to the new rules, the authorities-founders of the budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve model provisions on procurement and determine at their levels which autonomous institutions and unitary enterprises should apply them. The new structure of model provisions, which entered into force on December 31, provides for an invariable part, which includes:

1. information on the procurement preparation procedure;
2. information on the methods of procurement and the conditions for their use;
3. term of the contract.

Also, the model provisions should detail the specifics of participation in procurement by SMEs.

Conducting an open tender in electronic form according to 223-FZ

From July 1, the structure of applications for competitions under 223-FZ will also change, instead of two parts, there are now three of them. The third part of the bid was the bid. Also, rebidding was added to the electronic competition for the submission of final proposals.

Step 1. Procurement plan

To conduct an open tender in electronic form, you need to draw up a procurement plan, in which include your purchase. You can correct the plan if the need for goods or their cost changes by ± 10%, as well as in other cases specified in the Regulations.

Step 2. Development of documentation

In the next step, develop documentation, including a notice and draft contract. The list of documents that you will need for an open tender in electronic form depends on what you write in the Procurement Regulations.

Steps 3, 4 Publication and acceptance of applications

Law No. 223-FZ allows an open tender in electronic form in accordance with the Regulations of the customer, including using the ETP. Advice: set up integration between the ETP and the EIS so that you do not post the same information twice. If you use the ETP to conduct a tender, study the entire site regulations and compare it with your Procurement Regulations.

Another plus of using the ETP is that you do not have to deal with the receipt and registration of applications, this concern will fall on the shoulders of the site operator. Please note that you can make changes to the published notice - in this case, you must extend the application deadline if there are less than 15 days left before the application deadline.

Step 5, 6 Consideration of applications, evaluation and selection of the winner

Opening access to applications is an analogue of the stage of opening envelopes with applications for the electronic form of the procedure. After opening access, publish the protocol of this procedure, it should include brief information about all applications received. When considering applications for an open tender in electronic form, two factors are taken into account: how the application meets the requirements, and how the participant himself meets the requirements. Based on this, applications are allowed or not allowed for evaluation. If your Statement allows it, you can request additional information from members at this stage.

Also, after consideration of applications, you can announce a rebidding.

The next step is the assessment and consideration of applications according to the criteria prescribed in the Regulations (and relevant legislation). Then you publish the final protocol and conclude an agreement with the winner.

Law No. 223-FZ changed a lot at the end of last year. It has tripled in size from an eight-page document. Read which of the changes have already entered into force, which will only come into effect on July 1, 2018, and which have been postponed until January 1, 2020. And also how these changes will turn out for the customer, how to insure and how to start preparing for them now.

FZ, - the provision on the purchase of each specific customer. Who are the customers and suppliers? Customers and suppliers under 44-FZ Municipal and state budget institutions. A supplier can be a legal entity, individual entrepreneurs(IP) and individuals. Customers and suppliers under 223-FZ

• State-owned companies with a government stake of more than 50%, including their subsidiaries and granddaughters,
• Budgetary institutions conducting purchases at the expense of own funds, subcontract funds or grants.
• Organizations that are engaged in regulated activities such as energy and water supply,
• Subjects of natural monopolies (for example, Russian Railways, oil and gas companies, etc.),

In the same way, both organizations and individuals can participate. The requirements for the participants of each specific procurement are established by the customer.

Algorithm for holding a tender under 223-FZ

The requirements for supplier certificates depend on the specific electronic trading platform (ETP) where the auction is held. It can be either a qualified signature or an unqualified one.

Procurement Methods Federal Law No. 44-FZ establishes 10 procurement methods and the conditions for choosing a winner, and most importantly, it limits the list and cases of procurement from a single supplier. Competitive procurement

1. open competitions;
2. competitions with limited participation;
3. closed competitions with limited participation;
4. multi-stage competitions;
5. closed forms of competitions;
6. electronic auctions;
7. closed auctions;
8. requests for proposals;
9. requests for quotes.

Non-competitive procurement This type of procurement includes only procurement from a single supplier.

Open competition on 223-FZ

Termination of the contract and the possibility to make changes the federal law 44-FZ Federal Law No. 44-FZ makes it possible to terminate the contract by agreement of the parties or unilaterally, if such a possibility is specified in the contract. It is impossible to change the essential terms of the contract (price, delivery time, product characteristics).

AT electronic auction it is possible to draw up a protocol of disagreements, but only if we are talking about errors in the text of the contract. Federal Law 223-FZ Federal Law No. 223-FZ provides the customer company with the opportunity to change the contract in terms of terms, volumes and prices of goods, works and services.
In which cases any changes are possible, the supplier can find out from the procurement regulations of a particular customer.

Appeal against the actions of the customer Federal Law 44-FZ Federal Law No. 44-FZ not only secures such a right for the supplier, but also prescribes an algorithm of actions:

• First of all, the participant submits an application in writing to the territorial office of the FAS.
• Then the FAS publishes a complaint against the CAB within 2 working days.
• Finally, over the next 5 working days, the commission considers the complaint and issues an order on it.

In 2016, 45% of all complaints were recognized by the Federal Antimonopoly Service as justified and government customers received instructions on them (according to the monitoring data of the Ministry of Economic Development for 2016). Federal Law 223-FZ As under 44-FZ, FAS considers complaints against customers under 223-FZ.

Competitions in federal law 223

There are fundamental differences in the procurement of both, which the article will help to understand. What is the difference between 44-FZ and 223-FZ? No. 44-FZ This law applies to the procurement of all government customers.

He requires them to draw up a 3-year procurement plan and an annual schedule. And from suppliers - securing bids and contract execution (for a tender and an electronic auction).

The main differences between laws No. 44-FZ and No. 223-FZ

Source: http://www.bicotender.ru/articles.html Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in the internal normative document- Position. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations. One of them is an open competition. What is an open competition An open competition is electronic trading, in which each supplier that meets the conditions of the tender documentation can submit an application for participation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.

Open competition 223 fz

Finally, one of the forms of open tender can also be a tender with rebidding. During such a competition, participants have the opportunity to make changes to their bids in order to increase their competitiveness and attractiveness for the customer.

Open competition in electronic form according to 223-FZ

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications. The bidder who offers the best conditions for the future contract is recognized as the winner of the auction.

In what cases is it expedient to conduct a tender? Such a procedure is carried out in a situation where the final price of the contract is not a determining factor. It implies the presence of several criteria for evaluating the proposals of the participants.

This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other. It is advisable to hold a tender if the conditions of the future contract are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase. Features of the competitive procedure An open tender differs from other methods of procurement by the presence of a stage of evaluation and comparison of submitted applications.

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations.

One of them is an open competition. What is Open Tender Open Tender is an electronic auction in which every supplier who meets the terms of the tender documentation can submit an application for participation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.

Open tenders under 223-FZ: varieties Depending on the subject of the purchase, the tender may consist of several stages: one, two, three, etc.

Open tender for 223 fz customer requirements

• Report with justification of the purchase from a single supplier (contractor, performer).

Reporting in accordance with federal law No. 223-FZ The customer places on the public procurement website zakupki.gov.ru no later than the 10th day of the month following the reporting one, the following list of reports:

• report on total cost concluded agreements;
• a report on the total cost of contracts concluded with a single supplier;
• report on the total cost of concluded contracts with small and medium-sized businesses.
• a report on the total cost of concluded procurement contracts, information about which constitutes a state secret;

Ensuring the fulfillment of obligations under the contract Federal Law 44-FZ The customer cannot conclude a contract with the winner of an auction or tender (regardless of its price) if he does not provide financial support contract.
This time is given to the participant to work out his proposal and complete all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notice.

Opening access to applications.

The details of this procedure should be written in the documentation. As a rule, the customer forms and places on the site a protocol, which indicates the number of applications submitted and the proposals of the participants.

Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the offer of a potential supplier.

Rebidding. After evaluation of applications, the customer has the right to announce rebidding. Participants get the opportunity to improve their original proposals.

Final matching of bids.

This is possible only if the rebidding procedure is described in the tender documentation. Participation in it is not obligatory for participants.

As part of the rebidding, the participant gets the opportunity to improve his offer. Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. Regulated deadlines for the procedure The notice of the tender must necessarily indicate the deadline for submitting applications. Moreover, it cannot be less than 20 days from the start date for filing applications. Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days.

Competitions under Federal Law 223

Competition. Types of competition. Documentation in accordance with Federal Law 223.

Competition- a form of procurement, where the proposals of the participants are evaluated in a comprehensive manner, and the price offer is only one of the criteria for choosing the winner.

Basic distinctive feature competition is the stage of evaluation and comparison of applications, where the procurement commission ranks the participants' bids in accordance with the order specified in the documentation.

Before the competition, it must be included in procurement plan which can, as you know, be adjusted during the year.

Benefits of open competition are that notification and tender documentation are published in the media mass media and are in free access for all which helps to attract a larger circle of participants , stimulates competition and allows you to choose really best offer . Since you can take part in an open competition any a legal entity ready to make its offer, conforming to the conditions open competition, the requirements of the terms of reference and more profitable for the customer.

Development of tender documentation

Based p. 10 h. 10 art. 4 Laws №223-FZ the documentation determines the procedure for providing clarifications to the provisions of the documentation.

Usually the documentation consists of several parts:

• General part (the same for all purchases)
• Information card
• Specifications (TK)
• Draft contracts for each lot
• Participant Forms

The procedure for providing tender documentation is determined in the notice of the tender. It must be indicated that the documentation is provided in Russian.

223-FZ establishes requirements for the content of the notice and documentation. Requirements for a notice of procurement in accordance with part 9 of article 4 of the Law №223-FZ. .

Publication of the competition on the ETP and OOS

Documentation first published on the electronic platform , and from there it is automatically routed to official site , but this only happens when electronic platform integrated with the official website. You should pay attention to this in order to be sure that the information is posted on the official website.

Acceptance of applications

During the competition in electronic form using the ETP to the customer not necessary independently conduct the acceptance and registration of applications of participants - these actions are carried out by ETP operator.

Changes to notice and documentation part 11, art. 4 Law No. 223-FZ

Changes are posted on the OS within 3 days from the date of their acceptance .

If changes are made by the customer during the auction later than 15 days before the closing date for applications, application deadline should be extended so that from the day the changes are posted on the CAB until the deadline for filing applications for participation in the procurement, such a period is at least 15 days.

Opening access to applications

When the competition is not held in electronic form, this procedure is usually called "Opening of envelopes with applications of participants". The details of this stage should be spelled out in the Procurement Regulations.

In the electronic competition, the correct name for this stage is "Opening access to applications."

Recommended after opening access draw up and publish on the official website a protocol for opening access, in which to indicate the number of applications received, the names of participants, the proposed price and other indicators that are the evaluation criteria.

Consideration of applications

At the stage of consideration of applications, the customer can send request for additional documents to participants who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

Refusal to conduct electronic trading

According to Art. 448 of the Civil Code of the Russian Federation, unless otherwise provided by law or notice of the auction, the organizer open auction have the right to withdraw from the competition no later than 30 days prior to the date of the event.

In Law No. 223-FZ such a provision is not provided, the customer may provide for this in the notice.

If the organizer of an open auction refused to hold them in violation of the specified deadlines, he is obliged to compensate the participants for the real damage they have suffered.

Rebidding

Re-trading is only possible if such a possibility is specified in the Procurement Regulations and the procedure for its implementation . It is also necessary to indicate in the documentation the possibility of rebidding.

Rebidding can be a fight for first or second place. In public procurement, it completes the electronic auction.

Participation in the auction voluntary.

Can be two forms of rebidding: full-time - online auction, correspondence - submission of proposals.

Evaluation and comparison of applications

Approximate evaluation criteria. (At least two evaluation criteria must be established in the procurement documentation.)

1. Contract price. It is a mandatory criterion in all cases.
2. Delivery time of the goods.
3. Terms of payment for goods, works, services . It is used in cases when the customer allows the procurement participants to propose the amount of the advance payment in the application.
4. The term of the provided guarantees of the quality of goods, works, services .
5. Functional characteristics or quality characteristics of the goods.
6. Procurement Participant Qualification:
   • experience;
   • availability of material and technical resources;
   • availability of human resources;
   • degree of implementation of the current quality management system.

Conclusion of an agreement under 223-FZ

According to the results of the procurement procedure in the form of tenders, the customer must conclude an agreement with the winner specified in the protocol.

Is it possible to conclude an agreement with a person who has taken “second place”? It is possible in that case if the winner evaded the conclusion of the contract, and the procurement provision provides for the possibility conclude an agreement with the participant who took second place.

The final version of the contract = Draft contract in customer documentation + Separate conditions in the participant's application

framework agreement.

Contracts entered into before 2012 without volume are subject to 223-FZ.

Each delivery under such a contract = a separate purchase.

Each contract must specify the number of GWS (Clause 3, Part 9, Article 4 of Law No. 223-FZ).

Output: specify the assortment, unit price and maximum volume for each item in the contract. Delivery is carried out as the need arises from the customer at the request of the customer.

RNP (Register of dishonest suppliers)

In the event that the winner of the tender or another person obliged to conclude an agreement, evades from the conclusion of the contract, information about such a participant, the customer must send to the authorized body for inclusion in register of unscrupulous suppliers. (link)

The further course of action of the customer in the event of the winner or another person evading the conclusion of the contract should be determined in the Procurement Regulations.

Closed competition.- method of procurement, the organization of which the customer must agree with the person authorized to exercise control in the field of placing orders federal body executive power.

The closed tender procedure differs from the open tender procedure in the following parameters:

• tender documentation, changes and clarifications of tender documentation, as well as protocols drawn up during the closed tender procedure, not published in open access;
• only suppliers, specifically invited customer;
• applications for participation in a closed competition cannot be submitted in the form of an electronic document;
• during a closed competition audio and video recordings are not allowed.

The article was written based on the materials of the sites: goszakupkirf.ru, goscontract.info, www.pro-goszakaz.ru, lcbg.ru, nerkon.ru.

Reading time: 10 min

Open tender under 223-FZ, regulating purchases by certain types legal entities, is one of the ways to conduct competitive purchases, which will be carried out from July 1, 2018 in electronic form, if the provision of the customer does not indicate the possibility of conducting "paper" purchases.

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Open tender under 223-FZ: legislative regulation

An open tender in electronic form is a procurement that is carried out in electronic or non-electronic format. A notice about it is published in the EIS, and it takes place at the site chosen by the customer.

To accept and consider applications for participation in the competition, in accordance with 223-FZ, an electronic trading platform is used. The list of such sites is not limited, as, for example, in. Today, there are more than 150 sites where auctions are held under 223-FZ.

A feature of the open competition is that any participant who managed to meet the allotted time can submit an application for participation in it. This type of purchase is carried out if the price is not the determining or the only criterion for choosing a contractor.

In tenders, bids are selected based on the criteria approved in the procurement documentation. Such applications can be at least two in order for the competition to be declared valid.

When holding a competition under 223-FZ, a competition commission is necessarily created. The composition of the commission may change or remain constant.

According to the new rules, which were adopted at the end of 2017, significant changes are made to the legislation on the procurement of legal entities within the framework of 223-FZ. Some of these amendments took effect in July 2018, while others will come into force in January 2019.

The results of the changes were:

1. Benefits are now given away.
2. Competitions for SMEs are held only in electronic form.
3. The concept of electronic competition was introduced in 223-FZ.
4. Procurement description rules are changed: now it is impossible to indicate a specific trademark (unless consumables and spare parts are purchased).
5. In the subject of the purchase, the customer must indicate the technical and operational characteristics of the goods, as well as its consumer properties.
6. Security of the participant's application in the competition will be determined. So, if the price is indicated in the amount of less than 5 million rubles, then the application security is not required. If the price is up to 20 million rubles, then the security under the contract is required in the amount of 0.5-1% of the NMTsK, more than 20 million rubles. - 0.5-5% of NMTsK. For beneficiaries and in the case of large contracts, the rate is set at 0.5-2%.

The transfer of procurement to electronic format is the most important goal of the ongoing reform of the existing procurement system. It is assumed that the competition, regardless of its type (open, closed, with limited participation or two-stage) will move completely to an electronic format.

The competition is a form of competitive procurement and is regulated by Art. 3.2 223-FZ. At the same time, the legislation regulates only general provisions procurement, while in more detail this aspect is determined by the customer.

When holding a tender in electronic form, it is necessary to focus not only on the provisions of 223-FZ, but also on the Procurement Regulations approved by the customer. In particular, exactly the Procurement Regulations prescribe restrictions on the choice of an open tender. For example, from the position of certain products, the amount of bidding or the features of the contract.

Previously, 223-FZ transferred the responsibility for developing the rules for conducting procurement procedures to the customer. This principle continues today. At the same time, the Regulations on Procurement are subject to adjustment.

Under the new rules, federal, regional and municipal authorities will be able to approve their own standard procurement regulations. It will be the responsibility of budgetary and autonomous institutions to apply these rules.

Such model provisions it is prescribed on the procedure for preparing the procurement, information on the methods of procurement and the conditions for their application, as well as the deadlines for concluding standard contract. It also outlines the features of participation in the procurement of SMEs.

Competition procedure

The procedure for conducting an open tender in electronic form includes the following steps:

1. Procurement development. To conduct an open tender, it is necessary to prepare a procurement plan and include this procedure there. This plan it is allowed to adjust if the demand for goods in the amount of 5-10% changes.
2. Preparation and documentation.
3. Placement of notice and documentation in. 223-FZ establishes at least 15 days for an open tender from the moment the information is posted in the EIS (according to part 17 of article 3.2). If the procedure is carried out among small businesses, then the acceptance of applications should be reduced up to 7 days (if the initial price does not exceed 30 million rubles under part 3 of article 3.4).
4. Consideration and received applications. A feature of this stage is that an alternative to opening envelopes is to provide access to applications. When reviewing and evaluating the received applications, the participant should take into account two factors: how the received application meets the requirements and the participant himself. Based on this, applications are either allowed or rejected. Also at this stage, the customer has the opportunity to request additional information from the participants.
5. Consideration of applications by the customer, which will contain product information.
6. applications are evaluated for compliance of participants with all requirements and that they have all the necessary documents.
7. Announcement of rebidding, if it is provided for by the Procurement Regulations. This procedure assumes the possibility of reducing the proposed cost of contract execution by the participants. This helps to reduce customer costs.
8. Applicants are assessed according to the criteria contained in the regulation. The customer determines the criteria for evaluating bids for the tender, but usually they include the total cost of the contract, the list of products supplied, technical and material resources manufacturer, as well as the terms of payment, the date of delivery, the availability of the necessary qualifications for the performance of work or the provision of services, etc.
9. Based on the results of the procurement, the customer must prepare the final protocol and place it within 3 days from the date of signing (according to part 12 of article 4). AT this protocol should contain data on the date of signing, the number of applications received, information about the participants, the results of consideration and evaluation of the application for each criterion. The contract may be concluded both with one and with several participants, if it is provided for by the contract.
10. Signing an agreement. The contract must be signed no earlier than 10 and no later than 20 days after the publication of the final protocol. If before this it is required to obtain FAS approval, then it is signed within 5 days after receiving it.
11. After signing the contract, information about this must be posted in the EIS within 3 days(according to part 2 of article 4.1). When making changes to it, information about this must be sent to the EIS within 10 days after the signing of the additional agreement by both parties.

Documentation Requirements

The notice of an open tender must include the following information:

1. Data.
2. Information about procurement methods and submitting proposals.
3. Subject of the contract.
4. Is it provided and how it is entered.

Collateral is not established with NMTsK up to 5 million rubles. In other cases, the customer may provide for a security in the amount of not more than 5% of the initial price (under Part 27 of Article 3.2).

In the procurement documentation, it is also required to prescribe the requirements for the properties of the purchased products and a description of the procurement object (here it is not allowed to indicate trademarks, if they are present, then you need to write the phrase "or equivalent"), as well as:

• proposal preparation requirements;
• requirements for participants;
• product description requirements;
• payment order and supply of goods;
• deadlines for submitting proposals;
• proposal evaluation criteria, according to the Procurement Regulations;
• security amount by application;
• draft agreement.

In order to change the provision, it is necessary to extend the time for submission of applications in such a way that at least half of the period established by the Procurement Regulations remains before the deadline. In the electronic form of the auction, the customer needs to place information in the EIS, and the operator of the trading platform must notify all participants within an hour about changes to the procurement documentation.

Any procurement participant has the right to send a request for clarification of the procurement documentation no later than 3 days after the deadline for accepting bids. The customer must provide clarifications to the EIS within 3 working days.

In order to take part in an open electronic tender, the contestant is required to provide a list of documents that are provided for by the procurement regulations. This is:

1. A copy of the passport of an individual in the status of an entrepreneur, director of a legal entity or his representative(in the latter case, a power of attorney to represent interests is additionally required).
2. A document that confirms the participant's compliance with legal requirements(depending on the type of procurement, this may be, for example, a license for certain types activities; confirmation that the company is a member of the SRO).
3. A document that confirms the qualifications of personnel.
4. Constituent information.
5. Right to provide.
6. Significant deal approval documents.
7. Compliance with the requirements of goods or services.
8. Declaration of belonging to subjects.
9. Declaration that the company is not in.
10. Collateral Confirmation in the prescribed amount.

Grounds for cancellation

The customer is assigned an open auction at any time until the end of the acceptance of applications. Cancellation of the auction after the deadline for accepting applications is allowed only in the presence of force majeure circumstances (according to parts 5.7 of article 3.2.).

The tender is declared invalid subject to the requirements Civil Code. In particular, Art. 449.447 it is stated that the auction can be considered if they were held in violation of the law, entail the invalidity of the contract, there was not a single participant, or there was only one participant or several participants, but one was admitted.

The result of the failed bidding was the conclusion of an agreement with or supplier.

Thus, the open tender procedure under 223-FZ is one of the most popular procurement methods. According to the new rules, the competition is gradually required to be transferred to an electronic format. This is intended to ensure the transparency of ongoing procurement. The customer, according to 223-FZ, gives preference in favor of the tender if he needs to select a supplier according to several criteria.

1. Open competition in electronic form 223-FZ, concept

An open tender, which is held in electronic format according to 223-FZ, is a type of tender for which a notice is published, after which, at the customer’s choice, within the framework of 223-FZ, bidding takes place, in which any participant who has submitted an application in the specified in the notice can take part term.

This type tenders are held in cases where the price component cannot be dominant in the selection of the winning participant. The smallest number of evaluation criteria must be 2, given that the organizer must accept applications for at least twenty days.

2. Documentation for the open electronic competition 223-FZ from July 1, 2018.

List of documentation required to participate in the open electronic tender:

• information about the contestant
• Extract from the register (legal entities and individual entrepreneurs)
• for physical persons copy of the passport.
• a copy of the agreement to perform actions under the name of the contestant.
• A document that carries confirmation of compliance with the requirement of the legislative framework.
• Qualification confirmation.
• Copy of constituent documents.
• The right to preferences.
• Major transaction approval decision document.
• Compliance with TRU.
• Declaration of belonging to the NSR or SONKO
• A copy of the documentation that confirms that the product meets the requirements.
• Confirmation of the integrity of the company
• Collateral confirmation.

It can also be noted that the list of documentation provided will change from July 1, 2018, while the Government is developing this list in full, all the changes that will occur can be seen in our article on this.

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3. Instructions, filing an application for an open tender under 223-FZ

In order to accurately get into the lists of participants and win, you must:

In order to do this, you need to study all the attached documentation and find out how you meet the stated requirements and how the customer company meets yours.

2. ETP accreditation

3. Obtaining an EDS

To pass accreditation, and participate in any auction in electronic format, you also need to take care of.

4. Competently prepare an application.

5. Application security.

Do not forget that the n-amount specified by the customer is blocked for securing an application for an ETP, take care of its presence on the company's account in advance.

6. Selection of the winner.

After you have made the application security and sent it to the customer, you need to wait until the commission selects the winner. If you win, go to the next step.

7. Conclusion of the contract.

The last stage is a very important component, it is the last one, after the winner is determined, a contract is signed with him. Examine the information contained in the contract again to make sure that the customer has not made changes to it. If you find inaccuracies - submit a protocol of disagreements.

8. Disagreement with the results.

You have the right to express your disagreement with the decision of the commission - by.

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4. Criteria for evaluating applications under 223-FZ

After you have sent your application, the commission created by the customer must check the application for proper execution, as well as the availability of all required documents and security. Also, the commission will check if you are a member.

Since the customer determines the points on which the assessment will be made, we will list the most common of them:

• The total value of the contract.
• A list with a description of the supplied products.
• Technical and material resources of the performer.
• The term and procedure for making payment.
• Delivery date.
• The presence of workers with the necessary qualifications to complete the transaction.
• Availability of warranty obligations.

These positions help the customer not to make a mistake when choosing a contractor. If the contestant who was selected as the winner evades signing the contract or its execution, then the customer can transfer data about him to.

5. Video instruction for the purchase in electronic form according to 223-FZ

For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization is a small business, you can get whole line advantages: advance payment under state contracts, short settlement terms, conclusion of direct contracts and subcontracts without a tender. and work only on profitable contracts with minimal competition!