Changes 44 fz from 01.07 ppt. Legal services
From July 1, 2018, amendments to Law No. 44-FZ come into force, which were introduced by Federal Law No. 504-FZ of December 31, 2017.
| Planning | Customers will be able to publish schedule changes one day prior to purchase. State corporations and significant institutions will ration procurement |
| Purchase methods | From July 1, 2018, customers have the right to conduct electronic form not only an auction, but also a tender, a request for quotations, a request for proposals. From January 1, 2019 e-procurement- duty. Electronic platforms will be able to charge fees from customers and participants. We made changes to all competitive purchases and to the rules for purchasing from a supplier |
| Procurement | Participants will be obliged to declare that they are not legal restrictions for their participation in the procurement. Customers will be able to demand to secure the application only if the NMC is above 1 million rubles. |
| Contract | The contracts will include a new required condition- deduction from payment of taxes, fees and other payments. When changing and terminating the contract, it will not be necessary to publish information in the EIS within one day. Information must be sent to the register of contracts within five working days, not three |
| Control and appeal | Supervisors will not compare information in documentation and protocol. Expanded the list of procedures that the customer has the right to appeal |
Planning
Changed the time frame in which it is necessary to make changes to the schedule. From July 1, 2018, there is a reduced time limit for some cases. The rationing rules will be used by two state corporations.
Shortened the deadline for the plan - Garfica
By general rule the customer makes changes to the schedule and only after 10 calendar days has the right to post a notice of purchase in the EIS or send an invitation for a closed purchase. Exceptions were introduced for the rule - the period was reduced to one calendar day for purchases:
| Purchase name | Norm 44-FZ |
| Repeated tender or new purchase when the tender did not take place | Part 2 of Article 55 |
| Request for proposals on clause 8 of part 2 of article 83 of Law No. 44-FZ or other procurement, when the repeated tender did not take place | Part 4 of Article 55 |
| New procurement or re-tendering when the two-stage tender did not take place | Parts 5, 6 of article 55 |
| Request for proposals in electronic form or a new procedure when an electronic tender has not taken place. At the same time, the deadlines for submitting applications for the electronic competition have already been extended | Part 4 of Article 55.1 |
| Request for proposals under clause 8 of part 2 of Article 83 of Law No. 44-FZ or other procurement when the electronic auction did not take place | Part 4 of Article 71 |
| Re-purchase, when the customer has extended the deadline for submission of bids for a request for quotations, but no bids have been received | Part 4 of Article 79 |
| New purchase when the electronic request for quotations has not been completed. At the same time, the deadlines for submitting applications for an electronic request for quotations have already been extended. | Part 2 of Article 82.6 |
| Repeated request for proposals, when no bids were received for the first purchase | Part 19 of Article 83 |
| New purchase when the electronic request for proposals did not take place | Part 27 of Article 83.1 |
| Purchase from a single supplier | Part 1 of Article 93 |
The notice must be published not earlier than the posting of the changes in the garfik plan in the unified information system in accordance with part 15 of this article. (part 14 of article 21 of Law No. 44-FZ)
Rationing rules began to be applied at the State Corporation
The regulation rules set by the Government will be applied by the state corporations "Rosatom", "Roscosmos", as well as the most significant institutions of science, education, culture and health care. The most significant institutions are determined by the Budget Code.
Rosatom and Roskosmos will approve requirements for certain types of goods, works, services, including the marginal prices of products and standard costs for providing functions. We are talking about the procurement of the state corporations themselves and their subordinate organizations (parts 4.1, 7 in article 19 of Law No. 44-FZ).
Notice
We supplemented the list of information required to be indicated in the notice of a procurementArticle 42 of Law No. 44-FZ establishes what information needs to be included in the procurement notice.
Purchase methods
New electronic procedures have appearedCustomers are required to conduct on electronic platforms all competitive purchases. A transitional period is provided - from July 1, 2018 to January 1, 2019.
From July 1, 2018, customers have the right to apply new electronic forms of procedures, and from January 1, 2019, they are required to purchase products only by electronic procedures. It is impossible to conduct an open tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in a non-electronic form from January 1, 2019.
You can buy in paper form only in exceptional cases:
- purchases by customers abroad;
- requests for quotes for emergency medical care in an emergency or urgent form and normal life support of citizens;
- preliminary selection of procurement participants or request for quotations for humanitarian aid or liquidation of consequences emergencies natural or man-made;
- closed procurement methods;
- purchases from a food supplier;
- procurement according to the decisions of the Government.
New rules for electronic procedures.
- Electronic purchases are carried out at sites selected by the Government.
- Closed procedures will be carried out at specialized sites.
- Until the sites have been selected, electronic purchases will be carried out at the sites currently operating.
- Participants will submit applications for electronic procurement only through electronic platforms or specialized electronic platforms.
- From Law No. 44-FZ, provisions were removed that relate to the possibility of submitting an application through the EIS.
- One of mandatory requirements e-procurement - the parties use an enhanced qualified electronic signature. You can get a signature at certification centers accredited by the Ministry of Telecom and Mass Communications. Until the end of 2018, a qualified electronic signature is issued by the Treasury.
- Operators of electronic platforms will be able to take money for conducting an electronic auction. Earlier, the payment was prohibited. It was also forbidden to take money from the participants of the electronic auction for accreditation and for participation in the procurement. The Government has the right to establish the procedure and amount of payment from July 1, 2018.
Major changes in the open competition.
Removed from Article 48 of Law No. 44-FZ the phrase that the customer holds an open tender in all cases, with the exception of exceptions.
Competitive application:
- In the application, all participants indicate the postal address, and not just the legal entity, as it was before.
- In the application, the participant submits documents that are provided for by the regulatory legal acts according to the national regime. If the participant does not submit the documents, the application is equated to an offer with foreign goods, works or services of foreign persons.
- The participant indicates the country of origin of the goods only when the customer has established conditions, prohibitions, restrictions on the admission of foreign goods in the notice and documentation.
- Each volume of the application must contain an inventory.
Consideration of the application:
The application must be rejected if the participant does not provide the security for the application or if the refusal is provided for by the legal regulation within the framework of the national regime. Suppose the customer has not attached to the application documents that confirm the benefits for the penal system or disabled persons. Then the application cannot be rejected.
Protocols.
Removed the requirement that to the protocol of consideration and evaluation of applications single application the customer is obliged to attach the participant's proposal for the object of purchase, unit price, name of the country of origin of the goods.Major changes in the electronic auction
From July 1, 2018, the norms of Law No. 44-FZ, which regulate the document flow and the procedure for concluding a contract when electronic auction... This is due to the fact that now an article on electronic procurement has appeared in the law (Articles 24.1, 60 and 70 of Law No. 44-FZ).Auction application.
Changed the order of filing an application for an auction.In the first part of the application, the participant submits his consent to deliver the goods, perform the work, provide the service on the terms of the documentation. They added that consent is submitted through an electronic platform. If, you purchase goods or works and services for which the participant uses the goods. Then, in the first part, the participant prescribes:
- the country of origin of the goods only if the customer has established the national regime;
- specific indicators of the product and trademark, if any. Information is included in the application if there is no trademark in the documentation or if the participant offers goods with trademark other than the trademark in the documentation.
- All participants indicate the mailing address, and not just the legal entity, as it was before.
- If in the second part the participant does not submit documents for the national regime, the application will be equated to the application with foreign goods, works, services of foreign persons.
The application now has not a serial number, but an identification number. This number is assigned to the application and communicated to the participant by the operator of the electronic platform. The identification number is indicated in the protocols.
Consideration of the application.
The deadline for the customer to consider the first parts of the applications has been changed. The term for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the date of the expiration of the deadline for the submission of these applications, and if the initial (maximum) price of the contract does not exceed three million rubles, this period cannot exceed one business day from the date the deadline for the submission of these applications.
Protocols.
The protocol on the examination of the first parts will now include additional condition- the presence of foreign goods, works or services of foreign persons among the proposals of the participants. This information is written in the protocol when purchasing with the established national regime.
Auction step.
The step cannot be less than 100 rubles. The decrease in NMCR is from 0.5 percent to 5 percent.Major changes in the request for quotes
Quoted application
- In the quotation application, the participant indicates:
- mailing address
- a proposal for the price of the contract, and it is also necessary to register a proposal for the price of each item of goods
- declaration of compliance with the requirements of paragraphs 3-9 of part 1 of article 31 of Law No. 44-FZ
- if a national regime is established for the procurement, the participant provides documents on the conformity of the goods. If such documents are not provided, then the application will be equated to the application with foreign goods, works, services of foreign persons.
Protocol
The commission of the customer draws up the results of consideration and evaluation of applications in a protocol. It is now necessary to include in the protocol the names and characteristics of the goods supplied by the participants.Major changes to RFQ
From July 1, 2018, a request for proposals cannot be carried out when a repeated electronic auction has not taken place. The customer has the right to conduct a request for proposals only if a repeated tender has not taken place (clause 8, part 2, article 83 of Law No. 44-FZ).Opening of envelopes.
Not only participants, but also their representatives are entitled to be present at the opening of envelopes.When opening envelopes, the commission announces:
- place,
- date and time of autopsy,
- name or full name,
- participant's mailing address.
Consideration of applications.
We added the reasons for when the commission should reject the participant's application:- the application does not respond to the notification;
- the participant provided false information;
- in cases that are provided for by regulatory legal acts on the national regime.
Final proposals.
Added a rule that the final proposal of the RFP participant cannot worsen the conditions from the bid. If the participant violates this rule, the customer rejects the final offer. In this case, the proposal from the application is considered final.
Major changes in closed procurement
From July 1, 2018, closed procedures are entitled to carry out:- federal executive bodies with functions for the development and implementation public policy in the field of defense, public administration in the field of ensuring the country's security;
- government agencies, state unitary enterprises that are subordinate to customers from paragraph 1.
Major changes in purchasing from a single supplier
The customer has the right to conclude a contract with a single supplier when:- there was no request for quotations for the purchase of goods, works, services for humanitarian aid or liquidation of the consequences of an emergency (clause 9, part 1 of article 93 of Law No. 44-FZ);
- there are not enough products that were bought by request for quotations for humanitarian aid or emergency response. The customer has the right to buy the missing volume from the supplier (clause 9, part 1 of article 93 of Law No. 44-FZ);
- an open tender, a limited tender and a two-stage tender in electronic form, a request for quotations and a request for proposals in electronic form did not take place. The only participant in such purchases is equated to the winner of the purchase (clauses 25.1, 25.2, 25.3, part 1 of article 93 of Law No. 44-FZ).
Procurement
Customers will make one more requirement to the procurement participants. The amount of collateral for the application will depend on the NMC, and collateral can be required when purchasing up to 5 million rubles.New requirements for procurement participants
A clause was added to the uniform requirements for procurement participants. Each supplier, performer or contractor must confirm that the law does not restrict him from participating in the procurement. The participant declares the status and confirms that he meets the requirement on the electronic platform. The customer establishes the requirement in the notice and documentation.Notification supplemented the list of information required to indicate
Article 42 of Law No. 44-FZ stipulates what information needs to be included in the procurement notice. The list of information was supplemented. In the notification, you need to write, including:- the specific part of Article 15 of Law No. 44-FZ - when you carry out the procurement in parts 4-6 of Article 15 of Law No. 44-FZ. If you are purchasing in parts 5 and 6 of Article 15 of Law No. 44-FZ, attach copies of the contracts or agreements referred to in these parts to the notification;
- benefits for enterprises of the penal system and organizations of people with disabilities (parts 28 and 29 of Law No. 44-FZ);
- prohibitions, restrictions and conditions of admission;
- information on procurement under the state defense order.
Securing applications The application security is not established:
- the customer does not have the right to require securing the application when holding a tender or auction with the NMCC up to 1 million rubles.
- state institutions in the case of being participants in the procurement are exempt from securing the application.
For the SMP and SONO, the special regime with security ceases to operate. As amended by Law No. 44-FZ, before July 1, the maximum amount of security for such participants is no more than 2 percent of the NMCK (part 15 of article 44 of Law No. 44-FZ).
Cases when it is necessary to allocate lots in the purchase
The customer has the right to split the purchase into lots, but this is prohibited when conducting a request for quotations, a request for proposals, as well as electronic purchases - closed or open. Only paper contests and a closed auction can be divided into lots.When you select lots, for each lot it is indicated separately:
- purchase object;
- NMTSK and its rationale;
- the amount of the application security when the requirement was established;
- terms and other conditions for the delivery of products.
Information to be included in the contract
We supplemented the mandatory information that must be included in the contract from July 1, 2018. Adjusted the reporting rules for contracts.
Contract
The participant applies for a specific lot. The parties conclude a separate contract for each lot.
The government has the right to determine the requirements for the formation of lots in procurement certain types goods, works, services.
Entering information into the register of unscrupulous suppliers
Changed the rules according to which information is sent to the register of unscrupulous suppliers. If he shies away from the deal sole participant a failed competitive purchase, send the information to the RNP within three working days. Count down the term from children when the participant was recognized as evading.- The contract must include a condition according to which the customer will reduce the amount of payment for taxes, fees and other obligatory payments to the budget, when required by law. The rule applies to individuals, individual entrepreneurs and legal entities that participate in the purchase.
- The government has the right to establish the procedure in which the minimum term for the contractor to fulfill the contract is determined.
Increased the term for placing information in the register of contracts
The term for placing information about the contract in the register of contracts has been increased by two working days. From July 1, 2018, customers have the right to send such information to the register within five working days, and not three, as before.
Contract amendment and termination rules
Abolished the requirement to publish in the EIS information about the change or termination of the contract on the next day after the contract was changed or terminated. Changes or termination of the contract are made within 5 working days. Also, this period is set for entering information about the contract in the register of contracts.Contract reporting
Changed the order in which the report on the stages of contract execution is prepared.1. The contract was concluded for construction, reconstruction, overhaul capital construction objects, for the preservation of cultural heritage objects.
2. The contract price exceeds 1 billion rubles.
In other cases, it is not necessary to report on the stages from July 1, 2018.
Control and appeal
Some of the information that controllers check was excluded from Law No. 44-FZ. We have expanded the list of procedures that a procurement participant has the right to appeal against.Treasury, financial control bodies of regions and municipalities, government bodies extrabudgetary funds will not reconcile information in the procurement protocols and procurement documentation from July 1, 2018.
Appeal procedure from 01 July 2018
Changed the rules by which you can appeal the actions of the customer. A complaint in paper procedures, including in a request for quotations, a participant has the right to submit at any time from the date when the customer published a notice or sent invitations to closed procurement. Previously, the deadline was counted from the date of publication of the procurement plan in the EIS and only the provisions of the documentation were appealed.We expanded the list of electronic procedures, including closed ones, according to which the participant has the right to appeal against the actions of the customer. Added:
- open and closed competition in electronic form;
- a competition with limited participation in electronic form, including a closed one;
- a two-stage competition in electronic form, including a closed one;
- closed auction in electronic form;
- request for quotations in electronic form;
- request for proposals in electronic form.
Changes to 44-FZ from 2019
New terms
Law No. 44-FZ introduced new definitions: an electronic platform, an operator of an electronic platform, a specialized electronic platform, an operator of a specialized electronic platform. The terms define the requirements for the organizational and legal form of the operator, the share of foreign participation, information security of the functioning of software and hardware. The concept of the refinancing rate was replaced by the key rate of the Central Bank. The unqualified signature was replaced with a qualified one.
- From January 1, 2019, customers are required to purchase products only by electronic procedures
- Participants will need to register with the EIS.
- In a unified information system and on an electronic platform, the state Information system.
Participants must register in the Unified Information System
Procurement participants must register in the EIS. Then, within one day, information about the participants is sent to all electronic sites that have been selected for procurement in accordance with Law No. 44-FZ. The participant is registered in the EIS and accredited at the site for three years. It will be possible to re-register no earlier than six months before the expiration of the registration period. The system will notify the supplier four months in advance that the deadline is about to expire. Three months before the end of the registration period, a participant who has not passed re-registration will not be able to submit applications.
Participants who register in the EIS will be included in the register of suppliers. The register will be kept in the EIS from January 1, 2019.
Terms of accreditation for electronic signature
| From July 1, 2018 to January 1, 2019 | The procedure for accrediting participants on the electronic platform is the same |
| From 1 January 2019 | The old procedure for the accreditation of participants on the electronic platform will cease to operate. Article 61 of Law No. 44-FZ will lose force |
| From January 1, 2019 to December 31, 2019 | Participants who are accredited on electronic platforms are required to register in the EIS |
| From 1 January 2019 | The participant will be able to pass accreditation on the electronic site only after registration in the EIS |
| From January 1, 2020 | The registers of the participants of the electronic auction, which maintain electronic platforms, will cease to operate |
New information system
A new state information system will work in the EIS and on electronic platforms. The system is needed to monitor and record the actions and inaction of participants and customers. The task of the system, among other things, is to monitor the performance of the EIS and the electronic platform. In real time, the system will record the actions, inaction of participants and customers in the UIS and on the electronic platform, and video recording. Who will be in charge of the work new system, will be determined by the Government. The system will start working on October 1, 2019.
Changes to 223-FZ from July 1
Table with a brief description of changes in Federal Law 223 from July 1, 2018| What have changed | Short description changes |
| Purchasing methods | The list of competitive purchases was expanded: a request for quotations and a request for proposals were added to the tender and auction. Determined which purchase is competitive. Regulated electronic purchases that will take place on electronic platforms. Purchases from the supplier and any other purchases that the customer writes in the procurement regulations were classified as non-competitive |
| Supplier selection | Customers will conduct purchases according to the new rules. Thus, in the description of the subject of the procurement, trademarks cannot be indicated. In exceptional cases, it is possible to write a trademark, but with the phrase "or equivalent". Requirement to secure the application is possible only at the initial (maximum) contract price of 5 million rubles. The amount of collateral is up to 5 percent of the NICD. Changed the terms in which it is necessary to publish notices and conclude contracts |
| Rules for purchasing from SMEs | Customers will carry out purchases from SMEs only in electronic form on electronic platforms, which will be approved by the Government. The terms for the publication of the notice are reduced in comparison with purchases on a general basis |
| Work under the Law No. 44-FZ | Customers will work according to the rules of Law No. 44-FZ if they do not fulfill the obligation to purchase from SMEs, do not post an annual procurement report from SMEs, or publish an inaccurate report. At the same time, customers will not apply part of the provisions of Law No. 44-FZ |
| Operating rules for electronic signature operators | The operator of an electronic site can only be a legal entity. When purchasing among SMEs, purchases will be carried out only on the electronic signature from the list of the Government |
| Procurement reporting | Customers will separately report on contracts with food suppliers based on the results of competitive purchases that did not take place. There will be no need to publish monthly reports on purchases from small and medium-sized businesses |
| Judicial appeal | Participants will be able to appeal against any actions of the customer. The SME corporation, regional authorities and organizations created by regional authorities may only file a complaint against customers that are being evaluated and monitored. |
| Purchases for investment projects | The procurement rules for investment projects will apply if the cost of such a project is from RUB 500 million. The rules do not apply to state corporations, state-owned companies, economic communities, in authorized capital which share of the state participation exceeds 50 percent, and "daughters" of the listed organizations |
| Purchases from an approved NICD | The government will establish lists of goods with the initial (maximum) price of the contract. If the customer has planned a higher price, then he must agree on the purchase with the coordinating body of the Government. |
The main part of the amendments to Law No. 223-FZ was introduced by Federal Law No. 505-FZ of December 31, 2017. For a complete overview of the changes, read the recommendation below.
Purchasing methods
Two main changes - expanded the list of competitive purchases and established rules for purchases in electronic form. Read more about the innovations.ADDED COMPETITIVE PURCHASES
TO competition and auction added request for proposals and request for quotes... These competitive purchasing methods are called bidding. The customer has the right to conduct all competitive methods on the electronic platform, as well as in a closed form. The list is not exhaustive - the customer has the right to write in the procurement regulation other methods in addition to four, established by law No. 223-FZ.The purchase is competitive if the customer simultaneously observes three conditions:
- Publishes information about the procurement in the EIS or sends invitations to potential participants.
- Provides competition for the right to conclude a contract based on the results of the purchase.
- Describes the subject of the procurement, taking into account the requirements that are listed below.
DETERMINED THE ORDER OF COMPETITIVE PURCHASES
To conduct a competitive purchase, the customer publishes a notice and documentation in the EIS. You do not need to publish documentation when requesting quotes. The customer prescribes the requirements for the bids of the participants in the documentation, and when requesting quotations, in the notification.Applicants have the right to submit only one application, and in case of a multi-lot purchase - one application for each lot. Before the customer completes accepting applications, the participant has the right to change or withdraw the application.
Any participant has the right to ask for clarification of the notice and documentation. It is necessary to publish the response in the EIS within three working days from the date when the request was received. The customer has the right not to respond to inquiries that were received later than three working days before the end of the deadline for submitting applications. The essence of the documentation cannot be changed by explanations.
The customer has the right to cancel the purchase before completing the acceptance of bids. The decision to cancel must be published in the EIS.
To select a supplier, the customer creates a purchase commission. Procurement protocols must be kept for at least three years.
ESTABLISHED REQUIREMENTS FOR PURCHASING FROM THE SUPPLIER
Customers will publish information about the procurement from the supplier in the EIS only if they provide for such a duty in the procurement regulation. Also in the regulation it is necessary to write the procedure for such a purchase and a complete list of cases when the customer has the right to conclude a contract with the supplier. A recommendation will help to carry out purchases from the supplier and other non-competitive procedures.DESCRIBED THE ORDER OF PURCHASING IN ELECTRONIC FORM
With e-procurement, the entire document flow will take place on electronic platforms. Through the electronic signature, participants will submit applications, send requests for clarifications of documentation, and customers will publish clarifications in the EIS, get access to applications, and form draft protocols. The operation of the electronic platform will be provided by the operator. The customer, participant and operator of the electronic platform sign the documents with an enhanced qualified electronic signature. To participate in the procurement, the participant will be accredited for electronic signature.To change or withdraw an application, the participant sends a notification to the operator of the electronic site. This can be done no later than the date on which the acceptance of applications ends. For more information on e-procurement, see the guideline.
REGULATED CLOSED PURCHASES
Customers have the right to conduct any competitive procurement in a closed manner. The closed form is chosen if the information about the procurement is a state secret or the information is not published in the EIS by the decision of the Government or the coordinating body of the Government for procurement within the framework of investment projects.Information about a closed procurement is not published in the EIS. The customer sends invitations to participate in the procurement to at least two possible participants. The participant submits the application in a sealed envelope. How to conduct closed procurement in electronic form, will be determined by the Government.
Supplier selection
Customers will be required to describe the subject of the purchase according to the rules. The terms for the publication of the notice were tied to the procurement methods. Read on to find out what else has changed.APPROVED THE RULES FOR DESCRIPTION OF THE PURCHASE SUBJECT
The customers will describe the object of the procurement according to the rules that are similar to the provisions of Law No. 44-FZ. It is necessary to write the functional, technical, quality and performance characteristics of the product, work or service.It will not be possible to indicate trademarks, service marks, trade names, patents, utility models, industrial designs, country of origin of goods. The exception is there is no other way to accurately describe a product. In this case, the phrase "or equivalent" must be used. There is no need to indicate equivalence in cases where the customer purchases:
- goods and it is necessary to ensure compatibility with the goods that the customer already has;
- spare parts for machinery and equipment that the customer already has;
- goods to fulfill a contract under Law No. 44-FZ;
- goods, works or services under international treaties or contracts of customers under Law No. 223-FZ, which provide for specific brands of goods.
CHANGED THE RULES BY WHICH THE NMCD INDICATE
Customers will indicate the initial (maximum) contract price in the notice and documentation in one of three ways:
- initial (maximum) contract price (NICD);
- price formula and maximum value of the contract price;
- unit price of a good, work or service and the maximum value of the contract price.
ESTABLISHED REQUIREMENTS FOR SECURING APPLICATIONS
If the customer requires to provide an application, then the conditions must be written in the notice and documentation. How to secure the application, the customer will prescribe in the procurement regulations. This can be a cash collateral, a bank guarantee, and other methods of Civil Code... The participant himself chooses the method from those set by the customer. In addition to a bank guarantee and a pledge, it is possible to secure the obligations with a forfeit, withholding of things, a surety, a deposit, a security deposit or in another way (clause 1 of article 329 of the Civil Code).
The customer has the right to establish security if the initial (maximum) contract price exceeds 5 million rubles. The amount of security for the application must not exceed 5 percent of the NICD.
The customer will not return the security if the winner of the procurement does not conclude a contract or provide the security for the contract (if provided for by the notice).
CHANGED INFORMATION IN THE NOTICE AND DOCUMENTATION
To the information that the customer will be required to indicate in the notice from July 1, 2018, they added:- e-site address for competitive procurement;
- the term and procedure for submitting procurement bids;
- the order in which the customer sums up the results of the purchase (stages of the purchase);
- description of the object of purchase in accordance with the rules described above.
- requirements for participants and subcontractors in the procurement of design, construction, modernization and repair of highly hazardous, technically complex capital construction facilities and products related to the use of atomic energy;
- description of the subject of procurement in accordance with the rules described above.
Change the order in which amendments are made to the notice and documentation. If the customer changes the notice and documentation, it is necessary that after the publication of the amendments, at least half of the deadline for submitting bids in accordance with the procurement regulation is required. Let's say you posted an auction notice on July 2. Applications are accepted 15 calendar days, that is, until July 18. The 16th changed the documentation. The term must be extended by at least 8 calendar days, that is, until July 26.
CHANGED THE TIME OF PUBLICATION OF NOTICES
The time frame in which customers will publish a notice in the EIS depends on the purchase method. It is necessary to count the period from the date of publication of the notice until the date when you complete the acceptance of applications, and in the case of a request for proposals, when you make a request. The time frames for purchases from SMEs and for purchases on a general basis differ.| Purchase method | Minimum period for general purchases | The minimum period for purchases from SMEs |
| Competition | 15 calendar days | Seven calendar days with NICD up to 30 million rubles, 15 calendar days with NICD above 30 million rubles. |
| Auction | ||
| Request for proposals | Seven working days | Five working days, NICD should not exceed 15 million rubles. |
| Request for quotes | Five working days | Four working days, NICD should not exceed 7 million rubles. |
Now the customer must give participants at least 20 calendar days to submit applications. This rule applies only to competition and auction. The terms for competitive purchases, which are not tenders, are set by the customer in the regulation (part 2 of article 3 of Law No. 223-FZ).
ESTABLISHED REQUIREMENTS FOR THE CONTENT OF THE PROTOCOLS
Customers will draw up two types of protocols: for each stage of the procurement and based on the results of supplier selection (final protocol).See the table for information to be included in the protocols.
| Procurement phase protocol | Final protocol |
| Date of signing the protocol. Results of consideration of applications (if at the stage the customer is considering applications). The results of the evaluation of applications with the final decision of the commission on whether the applications meet the requirements of the documentation. |
Date of signing the protocol. Number of applications, date and time of registration of each application. Name or full name of the participant with whom the customer will enter into an agreement. Application numbers in order of decreasing profitability of the participants' proposals. Results of consideration of applications. Results of the evaluation of applications. Reasons why the purchase did not take place (if necessary). Other information according to the procurement regulation |
DEFINED THE PROCEDURE FOR CONCLUDING THE AGREEMENT
The parties will conclude an agreement no earlier than 10 and no later than 20 calendar days from the date when the customer published the final protocol in the EIS. Another term applies if the participant appealed the purchase to the FAS or if the customer needs the approval of the governing body. In this case, the parties sign the contract no later than five working days from the date when the customer received approval or the antimonopoly authority made a decision. Based on the results of competitive procurement, the customer will be able to conclude contracts with several participants in the cases provided for in the procurement regulations. For example, a contract with several contractors for research and development.
Rules for purchasing from SMEs
Customers will carry out purchases among small and medium-sized businesses only in electronic form. When purchasing from an SME, the customer has the right to hold a tender in stages at which:- discuss with the participants the characteristics of the products to clarify them;
- discuss the proposals of the participants in order to clarify the characteristics of the products;
- review and evaluate applications;
- will conduct a qualifying selection;
- will compare additional price offers of participants.
In the auction and in the request for proposals, the customer has the right to include the stage of qualification selection, the terms of which must be written in the documentation. Customers will not qualify for quotations when requesting quotations.
The participant has the right to provide security for the application in the form of a cash collateral or a bank guarantee. There are no other forms of security for procurement among SMEs. At the same time, the applicant does not deposit money to the customer's account, but to a special account, which he opens with a bank from the list of the Ministry of Finance.
Bids for tender, auction and request for proposals will consist of two parts and a price proposal. In the first part, the SME describes the product. In the second, he indicates information about himself, describes consumer properties products, provides other conditions for the performance of the contract.
The contract between the customer and the SME entity will be concluded on the electronic platform. The winner has the right to send a protocol of disagreements to the customer - also through the electronic platform. Read more about e-procurement from SMEs in the guideline.
The order of work under 44-FZ
Customers who have not fulfilled their procurement obligations from SMEs work in accordance with Law No. 44-FZ. From July 1, violators will not apply all the provisions of Law No. 44-FZ, but only:- justify the price of the contract;
- choose a procurement method;
- purchase goods, works and services from SMP and SONO;
- make requirements for participants;
- evaluate applications;
- create a purchasing commission;
- choose a supplier;
- send information about the participants to the FAS for inclusion in the register of unscrupulous suppliers;
- conclude contracts with food suppliers in accordance with the rules of Part 1 of Article 93 of Law No. 44-FZ.
Requirements for operators of an electronic site
The operation of the electronic platform will be provided by the operator. An ES operator can only be a legal entity in the form of a limited liability company or non-public joint stock company... In the authorized capital of a legal entity, the share of foreign citizens or stateless persons, foreign legal entities should be no more than 25 percent. The operator must own an electronic platform, including the equipment and programs necessary for the operation of the electronic signal.The operator of the electronic site ensures the secrecy of the documents that it receives from the participant and transfers to the customer. Negotiations between the customer and the operator of the electronic platform are prohibited, but only if such negotiations create advantages for any of the participants or if confidential information is disclosed.
Requirements for site operators in procurement among SMEs are different. Such sites will operate in accordance with the rules of Law No. 44-FZ, subject to additional requirements set by the Government. Now there are six sites, but the exact list will be determined by the Government.
Procurement reporting
From July 1, 2018, there is no need to publish monthly reports on purchases from small and medium-sized businesses. In the EIS, customers post information on the number and value of contracts based on the results of all purchases, purchases from the supplier, as well as contracts with the supplier based on the results of a failed purchase.Procedure for judicial appeal
The participant has the right to appeal in court any actions of the customer. An SME corporation, regional governments and the organizations they create will be able to file a complaint only if the customer:- conducts procurement in violation of Law No. 223-FZ or procurement regulations;
- presented requirements to the participants that were not provided for by the procurement documentation;
- did not approve and did not publish the procurement regulation in the EIS and conducted the procurement not in accordance with the rules of Law No. 44-FZ;
- did not publish the annual report on purchases from SMEs in the EIS or posted false information.
A new basis for a complaint will be introduced to the FAS - violation of Law No. 223-FZ by the operator of the electronic platform. Only a procurement participant has the right to apply to the antimonopoly body on this basis.
Purchases for investment projects
The new procurement rules for investment projects are valid subject to the simultaneous observance of two conditions:- The customer implements an investment project with state support, while the project includes a list of investment projects.
- The cost of the investment project is at least RUB 500 million.
- state corporations;
- state-owned companies;
The changes will come into effect on June 30, 2018.
Purchases from an approved NICD
The government will establish lists of goods with the initial (maximum) price of the contract. If the customer has planned a higher price, then he must agree on the purchase with the coordinating body of the Government. It is also necessary to purchase, in agreement with the coordinating body, works, services and rent, if the counterparty will use the goods from the list.The rules are valid for the following customers:
- state corporations;
- state-owned companies;
- business communities in the authorized capital of which the state's share of participation exceeds 50 percent;
- subsidiary business companies, in the authorized capital of which more than 50 percent belongs to the listed legal entities.
Electronic procurement
| P / p No. | What will change | Whom it concerns |
|---|---|---|
| 1 | Rules according to which the security of applications is made | Electronic platforms |
| 2 | Disagreement protocol may only be filed once. | Suppliers |
| 3 | Participation fee has appeared | Electronic platforms |
| 4 | The number of uniform requirements has increased | Suppliers |
| 5 | After the third error, the security of the application will be transferred to the budget | Suppliers |
| 6 | The principles of the formation of the final protocol have changed | Electronic platforms |
| 7 | In the volume of purchases from the SMP, the supplier is taken into account | Customers |
| 8 | The competition is extended if none of the participants meets the requirements | Customers |
| 9 | The deadline for submission of applications is taken into account in working days | Customers |
| 10 | Rebidding was introduced into the competition | Customers |
| 11 | The minimum auction step was set at 100 rubles | Suppliers |
| 12 | Reduced the time for consideration of applications in auctions to 3 million rubles | Customers |
| 13 | You don't have to wait 10 days for non-competitive purchases and purchases that did not take place | Customers |
| 14 | Payment under the contract will be reduced by the amount of taxes, fees, when required by law | Customers |
| 15 | Purchases from a single supplier after a failed procedure no longer need to be coordinated with the FAS | Customers |
| 16 | Collateral will be required only in purchases from the National Metallurgical Center of more than 5 million rubles | Suppliers |
| 17 | The register of procurement participants will be kept in the EIS | Suppliers |
| 18 | Documents are signed only by a strengthened CEP | Suppliers |
| 19 | Securing the application in the auction can be made with a guarantee | Suppliers |
| 20 | Increased the term for information in the register of contracts | Customers |
There are a lot of changes, they have been corrected and supplemented more than once, so it is difficult to navigate the adopted law. Great amount The references in this 200-page text of the amendments make it difficult to quickly and clearly understand what has changed. We did all the hard work for you and sorted out the most important things that affected customers and suppliers. Read on and stay updated!
Purchase of medicines
Customers purchasing drugs, in accordance with Resolution No. 1380 from January 1 in the terms of reference are required to indicate the dosage form, dosage and remaining shelf life. It is also possible to indicate the route of administration of the drug, for drugs used in pediatrics - the age of the child. When purchasing medicinal products by decision of the medical commission, it is allowed to indicate the trade name.
Drug procurement has become special
Now we need to carefully prepare the terms of reference and determine the initial price in the purchase of drugs. We have adopted the rules according to which customers must describe the purchased drugs. And in order to calculate the NMCK of such a purchase, several options were proposed.
Understand the changesThe new rules contain prohibitions. It was forbidden to write in the documentation:
- dosage equivalents if solid dosage forms have to be divided;
- drug dosage units, when they can be converted to other units of measurement;
- the volume of filling of the primary package (except for solutions for infusion);
- the presence or absence of excipients;
- the temperature at which the drugs are stored when there is an alternative regimen;
- release form of the drug;
- the number of drug units in the secondary package and the requirement to supply the number of packages instead of the amount of the drug;
- requirements for indicators of pharmacodynamics and pharmacokinetics of the drug;
- all characteristics from the instructions for use, which specify the manufacturer.
Purchases of foreign software
According to the Government No. 1594 of December 20, 2017, from January 1, a ban on the purchase of software or the right to use it from foreign countries came into force. Software from the states that are members of the EAEU must be included in the register, which will be created by the Ministry of Telecom and Mass Communications. For Eurasian programs, the same requirements will apply as for Russian software.
When forming a purchase, the Customer needs to check whether the purchased software is included in the register. If so, then it is necessary to establish a ban on the admission of foreign programs. Participants offering products from the registers will be allowed to purchase.
Keeping a register of contracts
On January 1, verification of information from the register of contracts was resumed, including from the register of contracts containing information constituting a state secret. Information on the timing of the execution of contracts, the number and unit of measurement of contracts, the consistency of information and documents is checked.
The customer must provide information on co-executors and subcontractors who are small businesses or socially oriented non-profit organizations, including indicate their TIN, location, date of the contract, the subject of the contract and its price. These changes are indicated in the Government No. 443 dated April 13, 2017.
Bank guarantees
Changes were planned for 44-FZ from January 1, 2018 in part 1 of article 45 of the procurement law. These amendments relate to changes to the requirements for banks issuing guarantees. The entry into force of the changes was postponed to June 1, 2018 (dated December 29, 2017 No. 475-FZ).
Under the new rules, customers will be required to accept guarantees only from representatives of the list of banks that will meet the requirements of the Ministry of Finance in 2018. The government requirements themselves are defined in No. 267-FZ dated July 29, 2017.
Catalog of goods, works and services
When describing a procurement object, customers are obliged to use information from the Catalog of goods, works and services posted in the EIS (if any). The KTRU contains information about technical regulations, standard contracts or conditions, the date of the beginning of the mandatory application of information from the catalog, characteristics, prices and terms of delivery of the procurement object, etc.
To view reference information, information on technical regulations and standards that apply to a product, work, service, go to the KTRU position card. Then go to the "Reference Information" tab.
Register of sole suppliers
On January 1, the Register of the only suppliers of goods began to work on the EIS, which indicates suppliers who produce or modernize goods in the territory of the Russian Federation in accordance with No. 442 of April 13, 2017. Registry information is publicly available.
The grounds for purchasing from a single supplier from the register are listed in Article 111.3 of Law No. 44-FZ. The contract is concluded under clause 47 of part 1 of article 93 of Law No. 44-FZ.
From July 1, 2018, amendments to Law No. 44-FZ come into force, which were introduced by Federal Law No. 504-FZ of December 31, 2017. Complete list changes include the following:
1. Tenders, requests for quotations, requests for proposals will be conducted in electronic form
From July 1, 2018, customers will be entitled to hold a tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in electronic form in accordance with Articles 54.1 - 54.7, 56.1, 57.1, 82.1 - 82.6, 83.1 Federal law No. 44-FZ.
From January 1, 2019, it will be impossible to carry out procedures for identifying suppliers in "paper" form, except for the cases provided for in Articles 75, 76, 80, 82, 84, 93, 111 and 111.1 of Federal Law No. 44-FZ.
If the procedures for determining suppliers in electronic form are carried out, the contract will need to be concluded according to new rules - in accordance with Section 4.1 of Chapter 3 of Federal Law No. 44-FZ.
The protocol of disagreements can now be posted on the electronic site only once, within the time frame provided for the signing of the draft contract.
In cases established by the Government of the Russian Federation, there will be an obligation to conduct closed electronic procedures at specialized electronic platforms.
2. According to the failed procedures, the term for changing the schedule has been reduced
From July 1, 2018, changes to the schedule can be made no later than one day before the day of placement in the EIS of a notice on the procedures for determining suppliers (contractors, performers), announced after the recognition of tenders, auctions, requests for proposals and requests for quotations invalid in connection with the absence or rejection of all applications, as well as in the case of a purchase from a single supplier (contractor, performer).
3. New requirement: no restrictions for a participant to participate in procurement
Article 31 introduces a new requirement for procurement participants: "the procurement participant has no restrictions for participation in procurement established by the legislation of the Russian Federation." The change will come into effect on July 1, 2018.
4. Clarified requirements for the content of the contract
Article 34 introduced new requirements for the content of contracts. In particular, it was clarified that the contract includes conditions on the procedure and terms for the customer to accept the delivered goods, work performed (its results) or services rendered in terms of their compliance with the quantity, completeness, volume of the requirements established by the contract. Effective July 1, 2018.
5. Securing applications only if the NMC is more than 5 million rubles.
Unless otherwise established by the Government, the customer is obliged to establish requirements for securing applications for participation in tenders and auctions only, if NMCK exceeds 5 million rubles.
The amount of collateral will be from 0.5% to 1% of the NMCK, if the size of the NMCK is from 5 million rubles to 20 million rubles. Effective July 1, 2018.
6. Securing the application with a bank guarantee
Securing the application for participation in electronic procedures can be provided in the form of a bank guarantee from July 1, 2019.
7. Funds as security for the application - to a special account
When participating in the electronic procedures for determining suppliers, procurement participants will deposit funds intended to secure applications to special accounts opened by them in banks, the list of which is established by the Government of the Russian Federation. Effective July 1, 2018.
8. It is necessary to indicate the country of origin in the bid for the auction only if the customer has established prohibitions, restrictions, admission conditions
In the first part, apply for participation in the electronic auction, the country of origin of the goods will need to be indicated only if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 of Federal Law No. 44-FZ. Effective July 1, 2018.
9. Consent and declarations as part of the bid for the auction will be submitted using the software and hardware of the electronic platform
Consent and declarations as part of the application for participation in the electronic auction will be submitted using the software and hardware of the electronic platform.
Effective July 1, 2018.
10. The electronic platform will return the participant's application if information about the participant is included in the register of unscrupulous suppliers
The operator of the electronic site will return the application to the participant if the information about the procurement participant, incl. information about the founders, about the members of the collegial executive body, the person acting as the sole executive body of the procurement participant - legal entity included in the register of unscrupulous suppliers, contractors, performers, subject to the customer establishing the requirement provided for in Part 1.1 of Article 31 of Federal Law No. 44-FZ. Effective July 1, 2018.
11. The term for consideration of the first parts of bids for the auction is not more than 1 business day
The term for consideration of the first parts of applications for participation in the electronic auction at the NMCC, not exceeding 3 million rubles, should be no more than one working day... Effective July 1, 2018.
12. The step of the auction is not less than 100 rubles
13. New requirements for the application for participation in the request for quotations
The application for participation in the request for quotations must contain a declaration of compliance of the participant in the request for quotations with the requirements established in accordance with paragraphs 3 - 9 of Part 1 of Article 31 of Law No. 44-FZ. Effective July 1, 2018.
14. The report on the performance of the stage of the contract is posted only in certain cases.
The obligation to post reports on the results of individual stages of the execution of the contract (part 9 of article 94) will be retained only in cases where the subject of the contract is the performance of work on construction, reconstruction, overhaul of capital construction facilities, for the preservation of cultural heritage objects (historical and cultural monuments ) of the peoples of the Russian Federation or the contract price exceeds one billion rubles. Effective July 1, 2018.
15. The period for posting information in the register of contracts is extended
The terms for placing information in the register of contracts in article 103 are increased to 5 working days. Effective July 1, 2018.
16. Register of procurement participants, accreditation of participants, qualified key certificates for electronic signature
Maintaining unified register procurement participants in the EIS will be carried out starting from January 1, 2019.
From January 1 to December 31, 2019 inclusive, procurement participants previously accredited on electronic platforms to participate in electronic procedures must register in a unified information system.
From July 1, 2018, procurement participants must apply qualified certificates of keys for verifying electronic signatures when participating in procurement in electronic form.
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