Federal Law 44 f3 dated 05.04. Detailed trading scheme

Law 44-FZ adopted in 2013, and started working in January 2014.

Now, in order to work for them, you do not need to register and receive accreditation at each site separately. Access is provided by a single registration in the EIS - a unified information system.

This is a portal that contains a register of all purchases, a blacklist of suppliers, which often includes inexperienced novice participants due to banal ignorance of all the subtleties and rules, of how everything works here.

Let us explain with a specific example: the law does not require mandatory documentary confirmation of all the information declared by the supplier, but if even the slightest discrepancy with the actual information appears during the verification process (and the data may change in the course of the supplier’s activities), it may end up in the Register of Unscrupulous Suppliers (RNP) . This means that data is entered there not only about the organization itself, but also about the head and founders.

This is, in fact, a cross for the company to receive government orders. After that, it is impossible to take part in tenders for 2 years, and the organization may end up there due to a simple mistake or ignorance of all the rules.

The portal also contains a lot of useful information. Soon the site plans to place a complete database of tenderers under 44-FZ and a list of services and products that are suitable for cooperation under this law.

Procurement control

Each order is checked by the Ministry of Finance of the Russian Federation. This is necessary to assess how transparently and objectively the supplier is determined, a tender or auction is held.

But not only the Ministry of Finance exercises control, the FAS monitors compliance with competition, where suppliers file complaints about violation of their rights by customers, unlawful rejection of applications and other violations of 44-FZ.

Who can be a bidder

You are a supplier, manufacturer of products or services and want to participate in procurement. What should you do next?

First of all, you need to decide if you qualifyrequirements for procurement participants44-FZ.

auction law establishes that representatives of small, medium and large businesses, including individual entrepreneurs, NGOs, can be participants.

The provider is the person:

• no debts to the budget for taxes and fees;
• not belonging to offshore companies;
• without a criminal record (if we are talking about a legal entity, the manager and chief accountant should not have a criminal record);
• not brought to administrative responsibility within the last two years;
• not affiliated (not related in any way) with the customer;
• not included in the Register of Unscrupulous Suppliers;
• not in the process of liquidation, suspension of its activities or bankruptcy;
• having no restrictions on participation in tenders regulated by the legislative acts of the Russian Federation.

When submitting an application, the supplier declares compliance with the requirements. If further it turns out that he misled, the customer refuses to sign the contract and he gets into the RNP. After that, all the doors in front of him are closed.

Many suppliers do not pay serious attention to this aspect, at first they underestimate it due to inexperience, and then it becomes too late and nothing can be done.

About 1,000 suppliers enter the RNP every month. Today it has more than 16 thousand records that have been there for 2 years.

If you do not know the public procurement legislation perfectly, you just came into this area and want to play it safe from the risk of getting into the RNP, it is better to use the services of professionals than to leave the public procurement sector and lose profitable contracts! Get in touch with any questions you may have.

Well, if you fit all the requirements of the customer, it's time to figure out what purchases are and how they can go.

How purchases are made

Updated public procurement lawprovides onlye-procurement on all types of tenders. The exception is some closed auctions.

Detailed trading scheme:

• The customer draws up a schedule;
• Determines the type of tender;
• Determines the initial maximum price of the contract (hereinafter referred to as the NMTsK);
• Posts information about upcoming auctions;
• Places the tender itself;
• The parties sign an agreement;
• The customer determines the supplier;
• Customer accepts the completed order, according to the results a report is drawn up.

All stages are very important, the supplier is faced with a lot of subtleties and features at each of them, so we will consider them in more detail.

Planning

Previously, the customer used plans to plan purchases, and based on them he prepared schedules. New edition law abolishes them, now planning is carried out by the customer only according to procurement schedules.

There are key differences between these documents: the schedule can be changed, supplemented and expanded if necessary. This is a kind of guarantee for the contractor of the seriousness of the customer's intentions.

What is it for the document and why does the supplier need to know about it? The schedule is a list of purchases planned by the customer, reflectedin diagrams and tables.

From the schedule, the supplier can learn:

• what exactly is planned to be purchased;
• requirements for performers;
• purchase method;
• NMCC;
• conditions for participation;
• terms;
• securing a contract;
• criteria for evaluating the result.

The next step is to determine the initial price and place a notice.

Definition of NMCC

The customer determines the maximum price at which bidding will start on the principle of a reverse auction. The principles on the basis of which the price is set are also dictated by 44-FZ (Article 22).

The customer determines the price:

• by analyzing market prices;
• using the normative method (according to cost rates), which is established by Article 19 of 44-FZ;
• according to the tariff method, it is used for services in the field of housing and communal services, telecommunications, the Internet;
• according to the project or estimate, used for construction services, in reconstruction, overhaul, etc.;
• using a costly method if no other method can be used.

You can use one or several methods in combination. After the NMCC is determined, suppliers will reduce it. But this does not mean that the proposal with the minimum price will win.

Federal Law 44-FZprovides for anti-dumping measures. If the price is reduced by more than 25% of the NMTsK, the supplier must provide guarantees, or confirm the quality of his products or work with information on the previous 3 transactions from the procurement register, show the absence of fines and penalties for them.

And if there were no contracts in the last 12 months, you will need to prepare data on the 4 previous transactions for the previous 2 years.

Publication of tender notice

At this stage, the customer places a notice in the EIS. It contains the rules for determining the supplier and key information about the tender:

• contact details of the customer and his official representing the organization in the auction;
• the main terms of the contract, what and where to deliver, what service to provide or work to perform, terms, stages, place of delivery

The customer indicates the source of financing and the price, there are several options: it can be the NMTsK, or the approximate value of the price, or the formula by which it is calculated.

The notice includes:

• method of choosing a performer, contractor;
• time, place and method of accepting applications;
• identification code of the tender, and if the purchase is carried out under parts 5.6 of Art. 15 44-FZ, then a copy of the contract must be attached to the notice;
• restrictions for certain suppliers, if any;
• the amount of the application security for depositing into a special account or a bank guarantee;
• privileges for suppliers if the tender is carried out under articles 28, 29 of 44-FZ;
• conditions for foreign suppliers and restrictions, if any;
• defense order information.

What are the tenders

The customer has the right to place orders with a single supplier or choose a competitive method for determining the supplier under Art. 24 44-FZ.

Open competition

When not only the purchase price is important, but also the quality:

1. Provides for open placement of information on procurement in the EIS;
2. The requirements are the same for all participants;
3. The customer studies the applications of candidates and compares them in terms of price, quality of work, qualifications of employees, experience in fulfilling similar orders;
4. The winner is the supplier who offered the most favorable conditions.

Open competition with limited participation

This type of procurement is required for services approved by Government Decree No. 99 of February 4, 2015. Limitations are related to the required narrow qualification of the supplier.

Such purchases relate to completely different areas, from restoration activities and transportation to high technologies and projects in the field of nuclear energy.

In this case, the contractor is subject to additional requirements:

• sufficient resources (financial and technical) to fulfill the order;
• experience in implementing similar projects;
• sufficient level of qualification of employees;
• ownership of the necessary equipment.

Open two-stage competition

1. In the first stage, contractors submit a bid without cost;
2. The customer evaluates the experience, qualifications, quality of services and eliminates unsuitable offers;
3. Among the rest, the second stage is held, at which the performers are considered by price.

Most often, such competitions are organized among construction, design organizations, as well as companies working in the field of science, innovation and high technology.

Closed competition

The customer himself invites participants to a closed tender, so it is available only to a select circle of suppliers.

This is due to the need to restrict access to information containing commercial, state secrets, goods with special value (rare stones and metals, manuscripts, archival documents) or special services for representatives of the judicial and law enforcement system and government officials.

If the contractor meets the stated requirements, he requests the receipt of tender documentation and only after that he gets acquainted with the features of the project, and decides whether to submit an application or not.

The parties to a closed tender must be checked by the FAS.

Electronic auction

According to statistics, more than 60% of tenders are held in the format of an electronic auction.

An important step is filling out the documentation about the electronic auction, because in fact, it contains all the information about it with attachments and consists of general information and procurement documents with attachments: an estimate, an examination, a defective list, an information card with a notice, etc.

Conducting an electronic auction is established by Art. 68 44-FZ.

Main stages:

1. The supplier's application is divided into two parts. anonymous, and the second - personalized;
2. The customer studies the first parts, not knowing which companies sent them;
3. Then either admits suppliers to the auction or rejects bids;
4. The eligible candidates bid for a fall, the bidder with the lowest price wins;
5. After that, the customer checks the second part of the application, it contains licenses, documents of the organization;
6. If the customer rejected the winner at the stage of consideration of the second part, the participant who took the second place wins;
7. The state customer signs a contract with him.

Quote request

This procedure is simple and efficient. It is enough for the supplier to send an application with the price once.

The customer compares all applications and makes a decision on the price. The initial cost is no more than 500 thousand rubles.

Request for proposals

Often, if the auction did not take place or a repeated tender is held, the customer resorts to a request for proposals, because he could not choose the right one among those received at the auction or tender.

He himself addresses the performers with a request to send the cost and other information.

Application security

To participate in the tender, the contractor must contribute funds to secure the application. This is a kind of guarantee that the contractor will fulfill its obligations and evidence that the contractor has the means to fulfill the order.

If the contractor refuses to conclude the contract, the amount is transferred to the customer as compensation, and the supplier is included in the RNP, in accordance with Art. 104 hours 2.

There are two ways to secure an application: in cash (transferring the amount to a special account) or a bank guarantee.

Procurement participants can choose a specific method at their discretion. But a special account must be opened, without it you cannot submit an application. Learn more about what a special account is and why you need it.

Transferring the amount to a special account

When making a purchase, the customer indicates the amount of the application security and the conditions under which it is accepted.

Important!We recommend that you transfer funds in advance and attach the confirmation of the transfer to the participation documents. Otherwise, if the funds are not received before the customer considers the applications, the security will be considered not paid.

The amount of security is from 0.5 to 5% of the NMTsK (Art. 44 44-FZ):

• 0.5% -1% of the NMTsK at the NMTsK up to 20 million rubles;
• 0.5% -5% of the NMTsK, if the NMTsK is more than 20 million rubles.

bank guarantee

What's happened bank guarantee? This is a method of securing obligations, in which the bank undertakes to pay the amount of security if there are any problems with the performance of the obligations by the contractor.

But the guarantee must be irrevocable so that the amount from the BG is unconditionally transferred to the customer after the failure of the contract.

Which can issue a guarantee can be viewed on the website of the Ministry of Finance, it is constantly changing. The size of the penalty has also been established, according to 44-FZ it is 0.1% of the amount of the NMTsK.

Conclusion of a contract

According to Article 34 of the 44-FZ, the agreement contains:

• the subject matter of the contract isdescription of the procurement object according to 44-FZ
• price;
• the form of the contract;
• method of payment and acceptance of the result;
• rights and obligations of participants;
• their responsibility.

C The price of the object of procurement remains unchanged during the entire period of the contract.

You can change its conditions, according to Art. 95 44-FZ, but in the following cases:

1. NMTsK reduced by a single supplier with the same volume of products or services;
2. Increased or reduced purchase volume - up to 10%;
3. Financing conditions have changed;
4. The contractor offers services or products of higher quality.

Terms of conclusion of contracts

Violation of the terms and other important conditions of 44-FZ entails prosecution and entering information about the enterprise or individual entrepreneur into the register of unscrupulous counterparties: suppliers (RNP).

The law regulates the following terms:

• placement of a draft contract by the customer within 5 days;
• based on the results of e-procurement, you need to sign a contract within 5 days;
• the signed contract is published by the customer before 3 days;
• when requesting quotations and offers, the final terms are floating - from 7 days;
• at open auctions and competitions - from 10 days.

Deadlines do not include weekends. It is important to consider:

• if the supplier has not provided all the documentation to the customer, then this may be considered as an evasion from concluding an agreement. In such a situation, the customer has the right to recover the costs of the tender through the courts;
• if the winner changed his mind about signing the contract or violated the deadlines, then the customer turns to the contractor who took second place. Such refusal does not provide for any sanctions. The competition is declared invalid.

After the conclusion of the contract, the process of implementing the order begins directly. When the work is done, it remains to wait for acceptance. The contractor notifies the customer of the completion of work, and he draws up a report.

According to the results, he transfers to the contractor an act of work performed, an invoice or a justified refusal. The contractor can challenge it.

Resolution of disputes

Based on the results of the tender won, the contractor may find information that does not correspond to the information originally declared: a different price, volume, terms, etc. He needs to send a protocol of disagreements to the customer within 5 days from the date of the announcement of the procurement results.

Remember that many vendors use the contention protocol to deliberately prolong the time before signing a contract. This is necessary for them to have time to receive a bank guarantee or for other purposes.

For an experienced customer, such manipulations are obvious. If this happens this time, then with the next purchases, he is unlikely to contact you. Take care of everything in advance, and if there is still not enough time - contact us! The customer reviews the protocol for 3 days.

Termination of the agreement

If disagreements arose after the conclusion of the contract and it was not possible to resolve them, termination of the contract is possible (Article 95 44-FZ):

• by mutual agreement of the parties;
• in accordance with the decision of the court;
• unilateral refusal (if there are grounds).

What areas are outside the law 44-FZ

The following cannot take part in tenders under 44-FZ:

• international financial organizations;
• companies or persons providing services in the field of legal protection of judges, officials, other officials.

You cannot purchase under this law:

• precious metals and stones to replenish the State Fund;
• unpaid legal assistance;
• election commission services.

conclusions

Law 44-FZ is a large-scale regulatory legal act (more than 250 pages), which is very difficult to consider within the framework of one article. We tried briefly highlight basic momentsthis law, telljust about complex- for Dummies ".

If you still have questions, you can take our training on 44-FZ or order bidding support. In this case, you do not have to worry about anything - we will carry out the procedure in full accordance with the 44-FZ and guarantee the admission of your application to the auction.

1. The customer is obliged to establish a requirement for securing bids for participation in tenders and auctions, provided that the initial (maximum) price of the contract exceeds five million rubles, unless otherwise established by the Government of the Russian Federation.

2. Security for an application for participation in a tender or auction may be provided by a procurement participant in the form of cash or a bank guarantee. The choice of the method of securing an application for participation in a tender or auction is carried out by the procurement participant.

3. In the tender documentation, documentation of the auction, the customer must indicate the amount of security for bids in accordance with this Federal Law and the terms of the bank guarantee (if such a method of securing bids is applicable in accordance with this Federal Law).

4. A bank guarantee issued to a procurement participant by a bank for the purpose of securing an application for participation in a tender or auction must comply with the requirements of this Federal Law. The validity of the bank guarantee provided as security for the application must be at least two months from the date of the deadline for submitting applications.

5. When conducting an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, the operator of an electronic site interacts with the register of bank guarantees in accordance with the requirements established in accordance with Part 2 of this Federal Law.

6. The requirement to secure an application for participation in the determination of a supplier (contractor, performer) applies equally to all participants in the procurement, with the exception of state, municipal institutions that do not provide security for their applications for participation in the determination of suppliers (contractors, performers).

7. In the event that the procurement participant, as part of the application, submitted documents confirming the deposit of funds as security for the application for participation in the tender or auction, and before the date of consideration and evaluation of applications, the funds were not received to the account specified by the customer in the procurement documentation, on which, in accordance with the legislation of the Russian Federation, operations with funds received by the customer are taken into account, such a participant is recognized as having not provided security for the application. This rule does not apply to an open tender in electronic form, a limited participation tender in electronic form, a two-stage tender in electronic form and an electronic auction.

8. The funds deposited as security for an application for participation in a tender or auction shall be returned to the account of the procurement participant during an open tender, a tender with limited participation, a two-stage tender, closed methods for determining suppliers (contractors, performers) within no more than five working days, and when holding an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, the blocking of funds on a special account of a procurement participant, carried out in accordance with part 20 of this article for no more than than one business day from the date of one of the following:

1) signing the protocol for consideration and evaluation of applications for participation in an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, a protocol for a closed auction, posting in a single information system and on an electronic site the protocol of summarizing the results of an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction. At the same time, the return or termination of the blocking is carried out in relation to the funds of all participants in the procurement, with the exception of the winner of the determination of the supplier (contractor, performer), to whom such funds are returned or the blocking of such funds is terminated in the event of the conclusion of the contract;

2) cancellation of the definition of the supplier (contractor, performer);

3) rejection of the application of the procurement participant;

4) withdrawal of the application by the procurement participant before the deadline for submission of applications;

5) receipt of an application for participation in the determination of a supplier (contractor, performer) after the deadline for submission of applications;

6) removal of the procurement participant from participation in the determination of the supplier (contractor, performer) or refusal to conclude a contract with the winner of the determination of the supplier (contractor, performer) in accordance with Parts 9 and 10 of this Federal Law;

7) receipt by the customer of the decision of the control body in the field of procurement to refuse to agree on the conclusion of a contract with a single supplier (contractor, performer).

9. In the cases specified in paragraph 8 of this article, the customer does not return the bank guarantee to the person or guarantor who provided the bank guarantee, and no collection of it is made.

10. When conducting an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, funds intended to secure bids are deposited by procurement participants to special accounts opened by them in banks, the list of which is established by the Government Russian Federation (hereinafter referred to as the special account). The requirements for these banks are established by the Government of the Russian Federation. Such requirements must not be lower than the requirements established in accordance with the Budget Code of the Russian Federation for credit institutions in which federal budget funds can be placed on bank deposits.

11. The mode of using a special account should provide for the bank, on the basis of information received from the operator of the electronic site, to carry out the following operations:

1) blocking and termination of blocking of funds in accordance with the requirements of this article. Such blocking consists in limiting the rights of the procurement participant to dispose of the funds on his special account at his own discretion in the amount of the security of the relevant application, within the period established in accordance with the requirements of this article;

2) transfer in the cases provided for by this article, funds in the amount of the security of the relevant application:

a) to an account on which, in accordance with the legislation of the Russian Federation, operations with funds received by the customer are recorded;

b) to the corresponding budget of the budgetary system of the Russian Federation.

12. Requirements for a special account agreement, for the procedure for using a bank account available to a procurement participant as a special account, are established by the Government of the Russian Federation.

13. Each operator of an electronic site concludes agreements on cooperation with each of the banks included in the list established by the Government of the Russian Federation in accordance with part 10 of this article. The requirements for the terms of such agreements are determined by the Government of the Russian Federation. The Bank has the right to open special accounts for procurement participants only after the conclusion of agreements on interaction with each of the operators of the electronic platform. The specified banks shall be liable in accordance with the legislation of the Russian Federation to the procurement participant for compliance with the term established by this article for terminating the blocking of its funds on the special account of the procurement participant, in respect of which blocking has been carried out in order to secure applications for participation in an open tender in electronic form, a tender with limited participation in electronic form, two-stage competition in electronic form, electronic auction. The interaction between the operator of the electronic site and the bank in accordance with the requirements of this article is carried out in electronic form. The responsibility of the electronic site operator to the bank for the timeliness and reliability of the information provided by the electronic site operator to the bank in order to fulfill the requirements of this article by the bank is determined by the agreement on the interaction of the electronic site operator with the bank.

14. When conducting an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, the blocking of funds in order to secure an application for participation in such electronic procedures on a special account of a procurement participant shall be terminated by the bank in accordance with the requirements , established in accordance with Part 2 of this Federal Law, on the basis of relevant information received from the operator of the electronic site, in the cases provided for by this Article, and in the manner determined in accordance with Part 2 of this Federal Law.

15. The return of funds deposited as security for the application is not carried out, or a requirement is made to pay monetary amounts under a bank guarantee or the funds blocked on a special account of the procurement participant are transferred to the account on which, in accordance with the legislation of the Russian Federation, operations with funds are recorded received by the customer within one business day from the date of inclusion of information about the procurement participant in the register of unscrupulous suppliers (contractors, performers) in accordance with this Federal Law.

16. The amount of security for an application for participation in a tender or auction must be:

1) from one second percent to one percent of the initial (maximum) contract price, if the initial (maximum) contract price is up to twenty million rubles;

2) from one second percent to five percent of the initial (maximum) contract price, if the initial (maximum) contract price is more than twenty million rubles.

17. If the procurement is carried out in accordance with the articles and this Federal Law, the procurement participant is an institution or enterprise of the penitentiary system or an organization of the disabled and the initial (maximum) price of the contract is more than twenty million rubles, the amount of the application security cannot exceed two percent of the initial (maximum) price of the contract.

18. Ensuring an application for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction is possible by blocking funds if there are unblocked funds on the special account of the procurement participant in the amount provided for by the documentation on procurement, or by providing a bank guarantee in the manner determined in accordance with part 29 of this article, information about which is included in the registers of bank guarantees provided for by this Federal Law.

19. By submitting an application for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, the procurement participant agrees to block the funds on his special account in the amount of the security of the corresponding application. In this case, if the registers of bank guarantees provided for by this Federal Law contain information on a bank guarantee issued to a procurement participant to secure an application for participation in the relevant open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, electronic auction, the blocking of funds on his special account in the amount of security for the relevant application is not carried out.

20. Within one hour from the date and time of the deadline for filing applications for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, the operator of the electronic site sends information about the procurement participant to the bank and the amount of funds necessary to secure the bid, except for the case that the registers of bank guarantees provided for by this Federal Law contain information on a bank guarantee issued to the procurement participant to secure such an bid. The bank, within one hour from the moment of receiving the specified information from the operator of the electronic site, is obliged to block the funds on the special account of the procurement participant in the amount of the security of the corresponding application. At the same time, if there are no unblocked funds on the special account of the procurement participant in the amount of the security of this application, information about which is sent by the operator of the electronic site, blocking is not carried out, about which the bank sends information to the operator of the electronic site within one hour from the moment of receiving information about the procurement participant and the amount of money required to secure the application. The operator of the electronic site is obliged to return the application to the participant who submitted it within one hour from the moment of receipt of the specified information from the bank under the following conditions:

1) there are no unblocked funds on the special account of the procurement participant in the amount of the application security or blocking of funds on the special account cannot be carried out due to the suspension of operations on such an account in accordance with the legislation of the Russian Federation;

2) in the registers of bank guarantees provided for by this Federal Law, there is no information about the bank guarantee issued to the procurement participant by the bank for the purposes of securing the application.

21. In case of withdrawal of an application for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction in the manner prescribed by Part 17 and Part 9 of this Federal Law, the operator of the electronic site within one hours from the moment of withdrawal of the application, sends information to the bank, on the basis of which the bank, within one working day, terminates the blocking of funds carried out in accordance with part 20 of this article on the special account of the procurement participant in the amount of the security of the specified application.

22. The operator of the electronic site, within one business day following the date of receipt of the protocol specified in part 6, part 6 of this Federal Law, sends information to the bank about the refusal of the procurement participant to participate in the relevant electronic procedure. The Bank, within one working day from the moment of receipt of the said information, terminates the blocking of funds in the special account of such a procurement participant, carried out in accordance with Part 20 of this Article, in the amount of the security of the application for participation in the specified procedure.

23. If the participant of the electronic auction did not take part in the electronic auction, the operator of the electronic site within one working day from the date of placement of the protocol of such an auction sends the relevant information to the bank. The Bank, within one working day from the moment of receipt of the said information, terminates the blocking of funds in the special account of the procurement participant in accordance with Part 20 of this Article in respect of funds in the amount of the security of the application for participation in such an auction.

24. Within one working day from the date of placement on the electronic site of the protocol specified in part 12, part 8 of this Federal Law, the operator of the electronic site sends to the bank information about the procurement participant (with the exception of the procurement participant specified in part 27 of this article), whose application found to be inconsistent with the requirements of the procurement documentation. The Bank, within one working day from the moment of receipt of the said information, terminates the blocking of funds in the special account of such a procurement participant in accordance with Part 20 of this Article in the amount of the security of the application for participation in the procurement.

25. The funds that are on the special account of the procurement participant can be used for the purpose of securing bids only from this procurement participant.

26. The Bank accrues interest for the use of funds held on a special account, including during the period of their blocking in order to secure the application. The amount of such interest is determined by the special bank account agreement concluded by the procurement participant.

27. If during one quarter of the calendar year on one electronic site in relation to three or more bids of the procurement participant, the procurement commissions decide that these bids do not comply with the requirements provided for by the procurement documentation, on the grounds established by clauses 1 and 2 of part 4, Clauses 1 and 2 of Part 6 of this Federal Law, the funds blocked on the special account of the procurement participant in the amount of security for each third such application shall be transferred to the appropriate budget of the budgetary system of the Russian Federation, unless a court, a supervisory authority in the field procurement, the decision taken in relation to such an application is recognized as not complying with the requirements of this Federal Law. At the same time, the operator of the electronic site sends information to the bank about such a procurement participant thirty days after the day following the day of placement on the electronic site in respect of each third application of the protocol specified in Part 12, Part 8 of this Federal Law. The Bank, within one business day from the moment of receipt of the specified information, transfers the funds provided for by this part, and notifies the procurement participant of this within one hour.

28. In the event of a delay in the fulfillment by the customer or the bank of the obligations provided for by this article for the timely return of funds or the termination of their blocking, the procurement participant, including those recognized as the supplier (contractor, performer), has the right to demand the payment of penalties. The fine shall be accrued for each day of delay in the performance of the obligation, starting from the day following the day of the expiration of the period for the performance of the obligation established in accordance with this Article. Such a penalty is set in the amount of one three hundredth of the key rate of the Central Bank of the Russian Federation in force on the date of payment of penalties on the amount not returned on time or on the amount, the blocking of which should be terminated.

29. The Government of the Russian Federation determines the procedure for interaction between the procurement participant, the operator of the electronic site and the customer in the event that the procurement participant provides a bank guarantee as security for an application for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, electronic auction.

The provisions of Article 44 of Law No. 44-FZ are used in the following articles:

• terms of the bank guarantee. Registers of bank guarantees

  1) the amount of the bank guarantee payable by the guarantor to the customer in the cases established by Part 15 of Article 44 of this Federal Law, or the amount of the bank guarantee payable by the guarantor to the customer in case of improper performance of obligations by the principal in accordance with Article 96 of this Federal Law;

• Features of the two-stage competition

  12. At the second stage of the two-stage tender, the tender committee invites all participants in the two-stage tender who took part in its first stage to submit final applications for participation in the two-stage tender, indicating the offer on the price of the contract, the amount of prices for units of goods, work, services, taking into account the clarified after the first stage of such tender of procurement conditions. At the same time, the customer establishes a requirement to secure the said bids in accordance with the provisions of Article 44 of this Federal Law.

• Features of holding a two-stage competition in electronic form

  12. At the second stage of the two-stage tender in electronic form, the customer sends to all participants in the two-stage tender in electronic form, who took part in its first stage, an invitation to submit final applications for participation in such a tender, indicating the proposal on the price of the contract, the sum of prices for units of goods, work , services, taking into account the conditions of purchase specified after the first stage. At the same time, the customer establishes a requirement to secure the said bids in accordance with the provisions of Article 44 of this Federal Law.

• Procedure for submitting applications for participation in an electronic auction

  12. Simultaneously with the return of an application for participation in an electronic auction in accordance with Part 20 of Article 44 of this Federal Law, Part 11 of this Article, the operator of an electronic site is obliged to notify in the form of an electronic document the participant in such an auction that submitted this application of the grounds for its return, indicating the provisions of this Federal Law that have been violated. The return of applications for participation in such an auction by the operator of the electronic site for other reasons is not allowed.

• Conducting a request for proposals in electronic form

  14. Simultaneously with the return of the application for participation in the request for proposals in electronic form in accordance with Part 18 of Article 44 of this Federal Law (in the case of a request for proposals in electronic form in accordance with paragraph 5 of Part 2 of this Article), Part 13 of this Article, the operator of the electronic The site is obliged to notify in the form of an electronic document the participant in such a request who submitted this application about the grounds for its return, indicating the provisions of this Federal Law that were violated. The return of applications for participation in the request for proposals in electronic form by the operator of the electronic site for other reasons is not allowed.

Federal Law No. 44 was issued to regulate contractual relations in the field of public procurement of goods, works, services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, after 5 days it was approved by the Federation Council. The effective date of the law is April 5, 2013.

1. (Art. 1-15) The general provisions of this law are described, ie. in what area it is applied, basic concepts, principles of concluding contracts and beyond;
2. (Art. 16-23) This describes the rules for planning public procurement;
3. (Art. 24-96) Describes according to what rules public procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
5. (Art. 99-104) it is one of the important components of the Federal Law 44 for dummies, the articles in this chapter regulate control in the field of public procurement;
6. (Art. 105-107) This part of the legislation contains information on dispute resolution;
7. (Art. 108-111) Each article of this chapter is devoted to the specifics of concluding and executing a contract for certain types of public procurement;
8. (Art.-112-114) The last chapter contains the final information of Federal Law 44 for dummies.

The above heads of state authorities made changes on June 7, 2017. The legal force of Federal Law 44 for dummies came on June 18, 2017.

Basic moments

To participate in public procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

• meet the criteria specified in the legislation of Russia, so that persons have the right to supply goods (services);
• the supplier's company is not at the stage of bankruptcy or liquidation;
• the activity of the supplier's company is not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
• the supplier organization has no debt obligations for taxes and fees;
• a person acting as a potential supplier must not have a criminal record in the field of economic crimes;
• according to 44 Federal Law for dummies, there is no conflict of interest when concluding a contract;
• the supplier's company does not belong to offshore organizations.

Conditions for public procurement:

• All transactions for the purchase of goods (services) are concluded through a specially designed website;
• Customers indicate their data in the system (data are indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
• All potential suppliers have the right to find orders suitable for them in the search engine on the public procurement website, then take part in the auction;
• According to 44 FZ for dummies, when the customer chooses the most profitable option for himself, he concludes a contract with the supplier. On the basis of the contract, the parties fulfill their obligations.

The difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a restriction for dummies - public procurement is carried out only from one supplier.

Requirements for customers in both laws are different.

According to Federal Law 44 for teapots, the following can act as customers:

• state budgetary institutions;
• municipal.

According to Federal Law 223 for teapots, the following can act as customers:

• enterprises where there is a state share of more than 50%;
• organizations engaged in certain types of activities - water supply, energy, etc.;
• monopoly organizations - gas, Russian Railways, etc.;
• budgetary organizations that carry out public procurement at the expense of extrabudgetary funds (for example, at the expense of grants).

Procurement under 44 FZ: where to start?

It is difficult to start the procedure of participation in public procurement. All the most important things you need to know from the 44 Federal Laws on public procurement:

• study Federal Law 44 for dummies;
• prepare a package of documents confirming the rights of the organization to participate in the auction;
• prepare a package of documents for a product (service) that meets the requirements of the customer;
• develop a system of activities that are carried out before the conclusion of the contract;
• appoint responsible persons for carrying out activities.

To conclude a contract, it is necessary to take into account the terms established by Federal Law 44.

Download the text of the law

According to 44 FZ for dummies, public procurement is divided into:

• contests;
• auctions (electronic placement of orders);
• quotes;
• public procurement from a single supplier.

To become a supplier, you must study Federal Law 44 for dummies. You can download the Federal Law "On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs" .

15% of all purchases are made by state customers from non-profit socially oriented organizations.

What regulates 44-FZ?

• Planning, monitoring and audit of purchases.
• Selection of suppliers.
• Conclusion of contracts and their execution.
• Procurement control.

What does not regulate 44-FZ?

• Procurement of services from international financial institutions.
• Procurement of services for the state protection of judges, officials, court participants and other people.
• Purchases of precious metals and precious stones to replenish the State Fund.
• Procurement related to the support of facilities and information systems of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
• Purchasing free legal assistance or defense in court.
• Procurement of election commissions for holding elections and referendums.
• Purchase participation fee.

Who adopts legal acts under 44-FZ?

• President of Russian Federation;
• Government of the Russian Federation;
• Federal executive authorities;
• "Rosatom";
• Roskosmos;
• State authorities of the constituent entities of the Russian Federation and local governments.

44-FZ is based on the provisions of the Constitution, Civil and Budget Codes of the Russian Federation

Principles of the contract system

Important Definitions

State customer is an organization that needs goods and services and pays for the purchase. For example, hospitals, schools, universities, scientific institutes,

The supplier- a legal or natural person, including an individual entrepreneur, who participates in the procurement and supplies goods and services.

Zakupki.gov.ru- the website of the unified information system (UIS), where customers publish purchases and reports. The UIS has registers of all concluded contracts, unscrupulous suppliers, complaints about customers and other important information.

Initial contract price (NMC)- the cost of delivery of goods, which is set by the customer. NMC must be justified. Suppliers cannot offer a price higher than NMC.

Electronic marketplace- a site where customers place purchases, suppliers submit applications for participation in purchases, and electronic auctions are held.

Specialized electronic platform- a site with access via secure communication channels, on which closed purchases are carried out.

Application for participation- these are documents and information that the supplier submits in writing or electronically in order to participate in the procurement.

Unified Information System (UIS)

Now contains

• Information about purchases, the possibility of their search,
• contract templates,
• rationing rules,
• Information about market prices for goods,
• Procurement plans, schedules,
• Reporting on executed contracts,
• Register of unscrupulous suppliers.
• Unified registration and register of procurement participants.
• Unified catalog of goods, works and services.
• Publication of purchases according to RF PP No. 615 (overhaul).

Coming in 2020

• The system for fixing the actions of procurement participants in the EIS and at 8 federal ETPs.

Access to information on the EIS is free. If information about the same purchase, customer, contract, etc. on the EIS and in another source is different, then the priority is on the information on the EIS.

Organization of EDI

Suppliers can apply for participation in procurement on electronic trading platforms. In cases determined by the government, electronic document management can also go through the EIS. All documents are signed electronically:

• Customers receive an electronic signature free of charge at the federal treasury. They work with her in the EIS and at the ETP.
• Suppliers need a signature to participate in e-procurement. Since July 1, 2018, the public procurement system has been using qualified signatures. Suppliers can obtain a signature from an accredited certification authority.

National Treatment

The national regime was introduced to give advantages to suppliers of Russian goods and goods from other EurAsEC member countries. More about him we.

Procurement methods

Depending on the source of income, government customers can make purchases under both 44-FZ and 223-FZ. According to 44-FZ, if the organization spends budget money. According to 223-FZ, if she spends her own and she has a provision on purchases.

Planning

Procurement plans*	Schedules
This is the basis for the schedules.	You cannot make a purchase that is not included in the schedule.
Identification code, Target, Object / objects, The amount of financial security, implementation timeline, Rationale, Information about technological complexity, which limits the choice of supplier, Whether public discussion of the purchase is necessary. It is required if the purchase is more than 1 billion rubles.	In the description of each purchase there is: Name, number, requirements for goods and participants, purchase method, NMC of each contract, Additional requirements for procurement participants, if any, The amount of security for the application and performance of the contract, Month and year of the purchase announcement, Information about the banking support of the contract, Application of procurement evaluation criteria, etc.
Formed for 3 years. This is the duration of the federal budget law.	Formed for the financial year.
Plans can be changed. They come into force within 10 working days after the approval of the budget. They are published in the EIS, on their websites and in any print media within 3 working days after approval, if they are not a state secret.	They come into force within 10 working days after the approval of the budget. Published in the UIS within 3 working days after approval, if they do not constitute state secrets.
In the plan, you need to justify the object of each purchase in accordance with the standard costs.	In the schedule, you need to justify the NMC. Customers also take into account purchase quotas in various ways and must make 15% of all purchases from small businesses and socially oriented organizations.

* From October 1, 2019, customers will plan purchases only according to 3-year schedules, purchase plans will be canceled. Until the end of 2019, you still need to draw up a procurement plan and schedule.

When checking or following a complaint from a supplier, the FAS may recognize the purchase as unreasonable. Then it is corrected or cancelled. The perpetrators are brought to administrative responsibility.

All public procurements are standardized. The quantity, price, characteristics of goods and services are established by federal and local legislation of the Russian Federation.

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

Legislation on public procurement 2017-2018 (main documents)

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

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

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

The main differences between these regulations are that:

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

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

Scope of the Procurement Law 44-FZ

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

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

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

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

Don't know your rights?

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

Summary of federal law 44 on public procurement

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

Part 1

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

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

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

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

Part 2

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

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

When does the procurement law 223-FZ apply?

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

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

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

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

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

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

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

Summary of the Procurement Law 223-FZ

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

The norms of the law 223-FZ define:

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

Why are public procurement laws worth studying with comments?

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

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