Actual changes 44 fz. Legal services

As you know, 44 Federal Law on Procurement provides for liability for non-compliance with its provisions, both by suppliers and state customers when conducting procurement in any of the forms indicated in the Law. In the table of fines under 44-FZ below, you can determine exactly what liability is provided for violating a specific provision of the Federal Law.

current legislation in the field of public procurement, it is envisaged whole line procedures for competitive selection of suppliers. However, in certain cases, the use of non-competitive methods is also allowed.

The conclusion of an agreement (or contract) between the customer and the contractor carries the goal of thoroughly working out the conditions on which both parties will interact in the future. He, ideally, should provide for all conceivable scenarios for the development of events, up to the possibility of breaking this very agreement. Federal Law No. 44 of the Russian Federation "On the contract system in the field of procurement of goods, works, services to ensure public and municipal needs» provides for three ways to terminate the contract.

According to the procedure prescribed by law electronic auction, to participate in it, the supplier sends the customer an application consisting of two parts. The first part of the application contains the supplier's consent to fulfill the terms of the state contract in accordance with the notice and auction documentation, as well as a description of the goods, works, services. In the process of consideration of the first parts of applications, a list of participants admitted to participate in the auction is formed. After the end of the auction, the customer considers the second parts of the bids.

In accordance with Law No. 44-FZ, the supplier confirms its participation in electronic auction to conclude a government contract by sending an application to the customer. Application for participation in the auction is submitted in in electronic format and contains two parts, which are simultaneously sent to the operator of the electronic electronic trading platform.

Law No. 44-FZ establishes several different ways to competitively determine suppliers. One of the ways to search for contractors under government contracts under this law is a request for quotations.

One of the ways to search for contractors under government contracts under Law No. 44-FZ is a request for proposals. The customer has the right to carry out this procedure only in the established cases provided for by Part 2 of Article 83 of Law No. 44-FZ.

An electronic auction is undoubtedly the most popular competitive procedure among those carried out within the framework of the Federal Law of April 05, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. Her distinctive feature is the versatility that allows you to apply this method in almost any situation.

What is contract enforcement? Enforcement of the contract is one of the essential elements cooperation between the customer and the supplier within the framework of the contract system regulated by the provisions of the Federal Law No. 44-FZ. This is a kind of pledge or some kind of guarantee that the supplier will fulfill his part of the conditions in good faith, on time and in full.

One of the mechanisms that prevent unfair participation of suppliers in tenders and auctions for the supply of goods, performance of work and provision of services in accordance with the requirements of the law on the contract system No. 44-FZ is the provision of application security. Both a guarantee issued by a bank and the participant's money can serve as a security for an application for participation in the competition, in an electronic auction - only the participant's money.

2018 is rich in changes to 44-FZ.

Federal laws: No. 475-FZ dated December 29, 2017, No. 503-FZ dated December 31, 2017, No. 504-FZ dated December 31, 2017, No. 506-FZ dated December 31, 2017 great amount amendments.
In preparing a special practical course:

our teachers training center highlighted all changes.

We invite you to familiarize yourself with them:

New in planning

1. Changes in the requirements for the form of the procurement plan for goods, works, services to meet the needs of the subject Russian Federation and municipal needs, approved by the Government of the Russian Federation of November 21, 2013 N 1043.
2. Expansion of the list of cases when making changes to the schedule is possible in one working day.
3. New requirements for planning long-term purchases (more than 3 years).
4. Reducing the number of changes to the procurement plan.
5. Classified as "secret" when planning purchases with state secrets.

Electronic document management in the contract system

1. New (additional) state Information system. Fixing the work of the subjects of the contract system in the EIS and on the ETP.
2. Submission of applications of participants and exchange of documents using electronic platform, a specialized electronic platform, UIS.

New requirements for procurement participants

1. New requirement for procurement participants in Art. 31 of Law N 44-FZ;
2. Restriction of the list of information that the Commission for the Consideration of Applications is obliged to check for compliance with uniform requirements;
3. Changing the procedure for refusing to conclude a contract with a participant who does not meet the requirements of Art. 31.

New rules for describing the procurement object

1. It is allowed to indicate the TOR in the documentation, the rules for describing the procurement object have been clarified, the requirement for an objective description of the procurement object has been eliminated.
2. RF GD dated November 15, 2017 N 1380 “On the features of the description of medicinal products for medical use which are the object of procurement to meet state and municipal needs. Prohibitions on specifying a number of requirements in the documentation describing medicinal products.
3. Requirements for procurement participants, when appealing the documentation, to prove specific violations in the description of the procurement object.
4. Standard requirements for purchased goods/works/services. The obligation of customers to apply the GWS Catalog posted in the EIS in accordance with the RF Government Regulation of 08.02.2017 N 145.

New requirements for purchasing from a single supplier

1. The list of grounds for purchasing from a single supplier has been expanded.
2. Cancellation of the justification of the NMCC and reports on the inappropriateness of procurement in another way.
3. Maintaining in the UIS a register of sole suppliers of goods, which indicates suppliers that produce or modernize goods on the territory of the Russian Federation.

Changes in the procedure for concluding contracts under 44-FZ

1. New requirements for the composition of the mandatory terms of the contract.
2. RF RP dated January 16, 2018 N 21-R “On approval of the list of goods and services in respect of which, when concluding contracts (state contracts) for the supply of goods (rendering of services) by recipients of funds federal budget There are no upfront payments."
3. New consequences of the customer's refusal to conclude a contract with the winner. An additional basis for the conclusion of a contract by the Customer with the second Participant.
4. Model contract for the supply of medicinal products for medical use (Order of the Ministry of Health of Russia dated October 26, 2017 N 870n, effective from January 1, 2018).
5. Possibility to increase the quantity of goods when conducting a request for proposals.
6. Introduction of a minimum term for the execution of a contract.

Changes in the procedure for including a supplier in the RPR

1. New deadlines for the customer to send information to the FAS.
2. Obligation of the customer to send information to the Federal Antimonopoly Service, regardless of the fact of signing the contract by the second participant.

New in Benefits

1. Changes in the procedure for calculating the share of purchases from SMEs.

New in national mode

1. Purchase changes software(Government of the Russian Federation of November 16, 2015 N 1236), requirements for maintaining two software registries.
2. New GD No. 1469 dated December 4, 2017, regulating the conditions for the approval of medical devices.
3. Amendments to the RF GD of September 26, 2016 N 968 (as amended on December 21, 2017), the application procedure has been clarified.
4. Amendments to the RF GD of July 14, 2014 N 656 (as amended on December 21, 2017).
5. Amendments to the RF GD No. 9 of January 14, 2017 (as amended on December 27, 2017).

New in General Purchasing Requirements

1. Changing the terms of cancellation of purchases.
2. Changing the composition of the content of the notice of procurement.
3. Changes in the requirements for the content of the first part of the application in the electronic auction.
4. Bank guarantee - a method of securing an application, acceptable in an electronic auction (new requirements for checking bank guarantees).
5. New requirements for the amount of application security, the obligation of the customer to establish requirements for NMTsK exceeding 5 million rubles.
6. New requirements for banks issuing bank guarantees.
7. New requirements for information on the bid envelope.

New in control

1. Renewal of the requirements for non-placement in the EIS in the field of procurement of objects of control until the identified violations are eliminated (paragraph two of clause 14, paragraph two of clause 15 of the rules for exercising control, approved by Decree of the Government of the Russian Federation of December 12, 2015 N 1367, in relation to federal customers).
2. Changes in the procedure for consideration of appeals by control bodies individuals, including complaints about the actions (inaction) of the customer.

New in the State Defense Order

1. RF GD dated December 2, 2017 N 1465 “On state regulation prices for products supplied under the state defense order.
2. RF GD dated November 27, 2017 N 1428m “On the peculiarities of procurement for the needs of the country's defense and state security”.

Electronic Procurement (from 07/01/2018)

1. New art. 24.1 of Law FZ N-44 "Peculiarities of conducting electronic procedures, closed electronic procedures".
2. Single register purchasing participants.
3. Procedure electronic ways procurement.
4. The right of the customer to allocate lots in e-procurement and establish separate requirements for them (description of the procurement object, price justification, amount of bid security, etc.).
5. Terms and procedure for conducting electronic procurement.
6. Differences in application anti-dumping measures in "paper" and "electronic" purchases.
7. Requirements for the content of applications for participation in electronic procurement.
8. Composition of the first and second parts of the application in electronic competitions.
9. Prohibition to reject an application that does not contain information on compliance with Art. 14 FZ N 44.
10. The procedure for checking the applications of participants and the grounds for refusal.
11. The procedure for submitting final proposals (carrying out "rebidding").
12. The minimum "step" of the auction is set.
13. Consequences of recognizing e-procurement as failed, the order of actions of the customer.
14. The procedure for concluding a contract based on the results of electronic procurement.

Art. 3 reveals the term determination of the supplier (contractor, performer), as a set of actions, starting from the placement of a notice of purchase or an invitation and ending with the conclusion of a contract. That is, the law gives a complete definition of all stages of the procurement process and should be a reference book for all its parties.

The procurement procedure includes according to FZ-44:

• Posting Procurement Plans and Schedules
• Preparation, placement of procurement documentation
• Definition of a supplier (contractor, performer)
• Conclusion of a contract
• Acceptance of goods, works, services
• Posting reports

Cancellation of the definition of the supplier is possible no later than 5 days before the deadline for submitting applications for the tender and auction and no later than 2 days for requesting quotations.

Procurement planning according to 44-FZ

Chapter 2 consists of 8 articles (vv. 16-23). It regulates planning, justification, rationing, information about the NMTsK (initial maximum contract price), procurement identification.
According to 44-FZ, the state customer is obliged to plan purchases, place purchase plans and schedules. Thus, before the announcement of the purchase, you can plan participation and search for a tender, waiting for its publication by the customer.

Procurement plans under 44-FZ

Procurement plans should include:

1. Purchasing identification code
2. Purpose of the procurement
3. Name of objects of procurement
4. Funding volume
5. Deadlines, periodicity
6. Justification of the initial maximum price and the method of determining the supplier

Schedules according to 44-FZ

Schedules should include:

1. Identification code
2. Name and description of the procurement object
3. Indication of characteristics:
   • quantity of goods
   • scope of work or service
   • terms
   • periodicity
   • starting price
   • advance payment
   • payment stages
4. Additional requirements for participants and their rationale
5. The method of determining the supplier and its rationale
6. Purchase start date
7. Information about securing the participant's application and securing the execution of the contract

The schedule (PG) is developed for 1 year. Approved within 10 business days after the customer receives the volume of rights in monetary terms. The PG is placed in the UIS within 3 working days. Procurement not included in the schedules is prohibited.

Features of procurement planning within the framework of the state defense order (state defense order) are established by 275-FZ "On the state defense order".

Procurement under 44-FZ

Chapter 3 is more than half of the volume of 44-FZ, consists of 7 paragraphs, including 73 articles (Art. 24-96).

This is the most important section for suppliers. It defines the types of procurement, stages, deadlines, requirements, etc.

1 paragraph - general provisions third chapter. Consists of 24 articles and describes:

• ways to identify suppliers
• centralized procurement
• participation in the procurement of special subjects
• requirements for procurement participants under 44-FZ
• evaluation of applications
• application support forms
• concepts contract service
• specialized and expert organizations

Methods for determining the supplier according to 44-FZ

2 paragraph - determination of suppliers through tenders and auctions. Covers 24 articles.

When determining a supplier, customers use competitive methods or purchases without bidding under 44-FZ (purchase from a single supplier).

Competitive methods for determining a supplier according to 44-FZ

1. Open competitions
   • Open competition
   • Limited Entry Competition
   • Two-stage competition
2. Closed contests
   • Closed competition
   • Closed competition with limited participation
   • Closed two-stage competition
3. Auctions
   • Electronic auction
   • Closed auction
4. Quote request
5. Request for proposals

Evaluation of applications under 44-FZ

The customer evaluates applications according to the following criteria

1. Operating costs
2. Specifications
   • quality
   • Functional
   • Environmental
3. Qualification
   • Financial resources
   • Equipment and other material resources
   • Experience in the subject matter of the contract
   • Business reputation
   • Qualification of specialists

The customer is obliged to indicate in the documentation a list of criteria and their significance.

At the proposal preparation stage, it is possible to estimate how many points each evaluation criterion can bring.

There can be at least 2 criteria, one of which is the price. At the same time, for example, the significance of operating costs cannot be higher than the price.

The procedure for evaluating applications and criteria are established by Government Decree No. 1085 “On approval of the rules for evaluating applications, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs” dated November 28, 2013, last edition which was adopted in 2016.

The calculation formulas indicated in it for evaluating the application are far from clear to every customer and supplier.

Description of the object of purchase according to 44-FZ

When describing in the procurement documentation, the customer must be guided by the rules

1. Objective character of the description
2. Characteristics are indicated
   • Functional
   • Technical
   • quality
   • Operational
3. Requirements should not be included
   • Trademarks, service marks
   • brand names
   • Patents, utility models
   • industrial designs
   • Name of the place of origin of goods
   • Manufacturer's name
   • Requirements limiting the number of procurement participants

There are exceptions to these rules. Possibly an indication of trademarks if it is intended to use goods, the supply of which is not the subject of the contract.

However, the description must include the word "or equivalent", except in the case of incompatibility of goods or the purchase of spare parts and consumables.

When describing the procurement object, the customer may include

• Specifications
• Plans, drawings, sketches
• Photos
• Results of work, testing
• Test requirements and methods
• Requirements for packaging, marking, labels
• Confirmation of conformity of processes and production methods technical regulations, standards and conditions
• Conventions and terminology

All items must be new, not used, repaired or not restored, unless it is expressly provided for by the documentation.

If necessary, the customer can set requirements

1. To the warranty period
2. Scope of guarantees
3. Warranty Service
4. To the cost of operating the goods
5. Mandatory installation and commissioning
6. To the training of persons using and servicing the product

Any participant has the right to send a request for clarification on 44-FZ to the customer. The deadline for responding to a request for clarification of the provisions of the documentation is two days.

Contract service under 44-FZ

The contract service is needed for planning and implementation by the customer of the procurement of goods, works, services to meet state or municipal needs.

The customer under 44-FZ is obliged to create a contract service if the volume of purchases under 44-FZ exceeds 100 million rubles a year.

If the volume of purchases is less than 100 million, the customer has the right to establish a contract service or appoint responsible person- contract manager.

The contract service operates on the basis of model provision(regulation) approved by the order of the Ministry of Economic Development of October 29, 2013 N 631 (as amended on October 24, 2016).

The number of contract service - at least two people. It is not necessary to create a structural unit, it is enough to approve the permanent composition of employees performing the functions of a contract service and appoint a manager.

Requirements for the qualification of a contract manager or employees of a contract service - higher education or additional professional education in the field of procurement.

The basic functions and powers of the contract service are diverse and follow from 44-FZ. In order to fulfill them, contract service employees should not disclose information, enter into negotiations with procurement participants, may involve expert organizations.

Other powers of the contract service:

• Consultations with suppliers, contractors, contractors to determine competitive environment, the best technologies and solutions to ensure public procurement
• Mandatory public discussion of the procurement of goods, works, services
• Approval of requirements for purchased goods, works, services
• Participation in the consideration of cases on appealing the actions or inaction of the customer to the Federal Antimonopoly Service, claim work
• Development of draft customer contracts
• Verification of bank guarantees of the supplier, contractor, performer
• Return organization Money as bid security or contract security

Expert organization for 44-FZ

The customer engages experts and expert organizations under 44-FZ to perform functions, for example, for the acceptance of goods, works, services.

Expertise under 44-FZ cannot be carried out:

• Individuals
• Officials or employees of the customer (acting or who have been in the past two years)
• Persons having property interests under this contract
• Close relatives of the head of the customer, members of the contract service, the procurement commission
• Officials or employees of the contractor, supplier, performer
• Legal entities in which the customer or supplier under the contract has a share of 25% or more
• Individuals or legal entities that may be directly or indirectly influenced by the supplier or customer

Contract according to 44-FZ

Several articles are devoted to the terms of the contract, the procedure for its conclusion, changes and termination in 44-FZ. Art. 34 sets general principles. The contract (agreement) is concluded on the terms stipulated by the notification, invitation, documentation, application and the final offer of the participant.

The term for concluding a contract under 44-FZ is on average 10 to 20 days from the date of publication of the protocol. At the same time, the supplier submits a security for the performance of the contract under 44-FZ. The most popular way is a bank guarantee to enforce the contract.

An increase in the price of the contract is possible at the initiative of the customer by no more than 10%, if the quantity of goods supplied increases. The procedure for concluding a contract is described separately for each type of supplier determination.

Tenders under 44-FZ

Federal Law 44-FZ on the contract system does not use the concept of "tender", which is widely used among suppliers and in the business environment.

The tender is synonymous with the definition of a supplier on a competitive basis, which is referred to in the legislation as “purchase”. 44-FZ, suppliers are sometimes called auction law or the federal law on tenders and auctions.

Analysis of tenders under 44-FZ is a necessary step before making a decision to participate in the procurement. Examine the notice, documentation, terms of reference, draft contract. To participate in tenders under 44-FZ, you will need to submit an application security.

Open tender under 44-FZ

Art. 48-55 define the conditions for holding an open tender (Article 48), documentation requirements, the procedure for submitting, considering applications, concluding a contract. Participation in an open tender presents the main difficulties for suppliers. The customer evaluates bids according to a variety of criteria (Article 53).

An application for participation in an open tender under 44-FZ is submitted in paper form in a sealed envelope.

Applications can contain thousands of pages, weigh tens of kilograms, and take several weeks to prepare. Most often, it is the competition that is called a tender.

Electronic auction under 44-FZ

In an electronic auction, the supplier who offers the lowest contract price wins.

Bidding under 44-FZ goes down from the initial price per auction step.

Art. 59-71 regulate the holding of an electronic auction (Art. 59), starting from accreditation on electronic platforms (Art. 61) to the conclusion of a contract.

The law does not provide a list of electronic trading platforms where electronic auctions are held, so suppliers will have to independently understand the nuances of accreditation and submitting an application for an auction, which consists of 2 parts. If the participant was rejected under the second part of the application 44-FZ, re-read the list of documents (clause 5, article 66).

The customer cannot arbitrarily decide which goods, works or services he will purchase at the auction and which not.

He is obliged to conduct purchases in the form of an auction, according to the list of goods, works, services, in the event of the purchase of which the customer is obliged to conduct an auction in electronic form(electronic auction), approved by the order of the Government of the Russian Federation.

Request for quotations under 44-FZ

Articles 72-79 describe the determination of a supplier by means of a request for quotation (Article 72). The requirements for conducting a request for quotations (Article 73), the procedure for conducting (Article 74), filing, consideration and evaluation of applications (Article 78) are established.

Request for quotations is the most accessible format for participation in public procurement. To prepare a quotation order under 44-FZ, an EDS is not required for electronic trading

Applications are submitted in paper form in envelopes and are certified in the traditional way with the signature of an authorized person and the seal of the organization.

4-7 paragraphs 44-FZ contain a total of 14 articles. They establish the definition of a supplier by conducting a request for proposals, closed methods for determining suppliers, purchasing from a single supplier and the features of execution, modification, termination and provision of a contract.

Request for proposals for 44-FZ

The sixth and seventh chapters include 8 articles and contain the procedure for appealing against violations of the law and the specifics of the implementation certain types procurement, such as energy service contracts and state defense orders.

The eighth chapter of the 44-FZ consists of 3 articles and contains the final provisions and the procedure for the entry into force of certain articles of the law, which, as mentioned above, come into force sequentially for 3 years, starting on January 1, 2014, ending on January 1, 2017 of the year.

Help on 44-FZ

If you experience difficulties with the application of 44-FZ or do not yet own the provisions of this law, you can contact our specialists.

After the reform of 44 Federal Laws in December 2017 (504 Federal Laws of December 31, 2017), a number of significant adjustments are expected in the legislation governing the contract system. The first changes will come into effect in July 2018, and the introduction of innovations will continue until the end of 2018. Let's talk about the July updates.

Financial control

From July 1, the contracting authority must provide information about the evaded participants within 3 days. The deadline is set for all cases.

Planning procedure

From 07/01/2018, the time interval between and (part 14 of article 21 44-FZ) is reduced for the following cases:

• publication of a repeated notice in case of a previously failed purchase;
• order from a single supplier.

Previously, this period was 10 days, after making changes - 1 day. For all other cases, the rule of the ten-day period remains in force (Letter of the Ministry of Finance of Russia dated November 28, 2017 No. 24-01-09 / 78889).

Purchasing from a single supplier

Since July, grounds have been added for concluding a contract with (clauses 25.1-25.3, part 1, article 93 of the 44-FZ). Failed e-procurements are included in the list of reasons for purchasing from a single supplier. It will be equal to the winning bidder.

National treatment in procurement

From 07/01/2018, bidders are obliged to purchase products only if a specific product, purchase is subject to restrictions.

If the purchase is subject to prohibitions or conditions of admission, and at the same time, the participant’s application does not contain documentation confirming the origin of the goods from EAEU countries, then such a bid is considered to offer the supply of foreign goods. In cases where the GUT from the application falls under the prohibition, then it should be rejected. If, however, restrictions or a condition of admission are established for GWS, then before deciding to reject the application, it is necessary to familiarize yourself with the relevant regulatory and legal documentation.

In the event that an order is subject to prohibitions and restrictions on the fact of consideration of the first parts of applications during electronic procedures (tenders and auctions), the ordering organization receives notifications from the platform operator about the presence among the accepted applications:

• proposals for the supply of GWS Russian origin in electronic competitions (clause 3, part 9, article 54.5 of 44-FZ) without indicating information about the participants who submitted the offer;
• proposals for the supply of GWS of Russian origin at electronic auctions (part 9 of article 67 - new edition) without indicating information about the participants who submitted the offer.

The protocol on the consideration of bids must contain information about such proposals and participants recognized as bidders, as well as about proposals for the supply of GWS by foreign manufacturers or foreign residents.

Electronic signature

Since July 2018, all digital documents must be signed (clause 3, part 1, article 4, part 2, article 5, part 5.5, article 112 of the ZKS). To implement the goals and provisions of 44 Federal Laws, all procurement participants use certificates of ES verification keys (part 5.5, article 112 of the ZKS).

Until 12/31/2018, the responsibility for ensuring the UKEP of participants in the contract sphere lies with the bodies of the Federal Treasury.

Procurement in electronic form

From 07/01/2018 from Part 2 of Art. 48 44-FZ, the provision that the customer organization in all cases conducts purchases through an open tender is excluded, that is, an open tender is no longer the main method of bidding.

Now the customer has the right to conduct electronic procurement using all available competitive ones:

• competition - open, with limited participation, two-stage;
• closed electronic procedures;
• request for quotations;
• request for proposals.

The customer can also choose an auction for public procurement.

From 07/01/2018 to 01/01/2019, the customer can make a choice: if desired, carry out procedures either in electronic or in paper form. From 01/01/2019, the possibility of choice is excluded, and only electronic trading will be held.

From July 1, lots can also be allocated when conducting competitive methods, except for requests for quotations and offers, as well as open and closed electronic procedures.

Rights of the Government of the Russian Federation

Since July 2018, the Government of the Russian Federation has the right to approve:

• standard application forms and documentation for participation in electronic trading;
• the procedure for determining the minimum period for the supplier to fulfill the terms of the contract;
• minimal and CC with a single supplier.

The procedure for conducting paper procedures

From 07/01/2018, when conducting purchases in paper form, there is no need to submit applications in electronic form. Also, new requirements were established for information entered on the envelopes of applications in tenders (it is necessary to indicate the name of the open tender), the rules for returning an application when requesting quotations were specified, and the requirements for the content of an application during a tender and requesting quotations were expanded (it is obligatory to indicate the address).

When conducting a request for quotations, it is also necessary to indicate in the application price offers for each position of the purchased goods and attach a declaration of compliance with the requirements of paragraphs 3-9 of part 1 of Art. 31 44-FZ.

When purchasing through a tender and requesting quotations, the name of the manufacturing country is indicated only if the purchase falls under the national regime (Article 14 44-FZ).

The procedure for conducting electronic procurement

From 07/01/2018, the rules for accreditation of participants, the procedure for providing security for applications and concluding contracts will change.

When purchasing GWS through EA, in the first parts of applications, the trademark and specific indicators similar to the auction documentation must be indicated only if there is no indication of the trademark in the DO or the participant offers identical products with a different trademark. In other cases, the participant agrees to the conditions established by the DO, which is confirmed by using the ES software and hardware. The name of the country of origin is indicated only on the basis of Art. 14 44-FZ.

In the second parts of the applications, participants must indicate the postal address without fail. All declarations are provided using ES software and hardware.

Introduced new order consideration of the first parts of EA applications:

• for NMTsK not exceeding 3 million rubles, the period for consideration of the first parts should not exceed 1 business day from the date of the deadline for filing applications;
• information must be indicated in the protocols in accordance with Art. 14 44-FZ, if such restrictions were established by the customer.

The ES operator assigns and enters the identification number of the application into the protocol.

The concept of the EA step is changing - from 0.5 to 5%, but not less than 100 rubles.

New edition of Art. 83.2 establishes the rules for concluding contracts based on the results of procurement in electronic form. Winner or sole member of such a public procurement is obliged to conclude a contract based on the results of its implementation. Otherwise, he will be considered to have evaded the conclusion of a contractual relationship.

The contract is concluded on the terms specified in the notice and PO, as well as the application of the winner of the procurement, at the price proposed by the winner.

From 07/01/2018, it is not required to report on individual stages of the contract, with the exception of contracts for performance construction works at cultural heritage sites and those contracts whose price exceeds 1 billion rubles (part 9 of article 94 44-FZ).

General provisions - electronic platform

From 07/01/2018 the following concepts are introduced:

1. Platform (EP) - a site on the Internet that meets the requirements of paragraphs 1 and 2 of part 2 of Art. 24.1 44-FZ, which conducts competitive methods for determining suppliers in electronic form, with the exception of closed methods (part 17 of article 3 of 44-FZ).
2. The ES operator is a non-public business company, in authorized capital which foreign citizens, stateless persons, foreign legal entities own no more than 25% of the shares (shares) of such a company and which owns the ES, including the software and hardware necessary for its operation, ensures its functioning, and also complies with the requirements established in paragraph 1 and 2 hours 2 tbsp. 24.1 of 44-FZ requirements and is included in the list of ES operators approved by the Government of the Russian Federation (part 18 of article 3 of 44-FZ).
3. Specialized ES - corresponding to the established paragraphs 1 and 3 of part 2 of Art. 24.1 the requirements of an information system, access to which is carried out using secure communication channels and on which closed electronic competitive methods for determining suppliers are carried out (part 19 of article 3 of 44-FZ).
4. Specialized ES operator - Russian entity, which owns a specialized ES, including the software and hardware necessary for its operation, ensures its operation, and also complies with those established in accordance with paragraphs 1 and 3 of part 2 of Art. 24.1 of 44-FZ requirements and is included in the list of specialized ES operators approved by the Government of the Russian Federation (part 20 of article 3 of 44-FZ).

ES and specialized ES operators have the right to charge fees for participation in electronic trading from participants in such procedures and persons with whom contracts are concluded, as well as for conducting the procedure in electronic form from the customer organization (part 4 of article 24.1 44-FZ) in those cases when the Government of the Russian Federation determines the right, procedure and amount of such payment.

Collection by the ES operator of a fee under Part 4 of Art. 24.1 will not apply to public procurement under 44 Federal Laws (clause 10, part 2, article 1).

From July 1, 2018, amendments to Law No. 44-FZ come into force, which introduced federal law dated December 31, 2017 No. 504-FZ.

Planning	Customers will be able to post changes to the schedule one day prior to purchase. State corporations and significant institutions will ration purchases
Procurement methods	From July 1, 2018, customers have the right to conduct in electronic form not only an auction, but also a tender, a request for quotations, a request for proposals. From January 1, 2019, e-procurement is an obligation. Electronic platforms will be able to charge fees from customers and participants. Made changes to all competitive purchases and to the rules for purchasing from a single supplier
Purchasing	Participants will be required to declare that they are not legal restrictions for their participation in the procurement. Customers will be able to demand to secure an application only if the NMTsK is above 1 million rubles.
Contract	The contracts will include new required condition— deduction from the 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 to the register of contracts must be sent within five working days, and not three
Control and appeal	Controllers will not compare information in the documentation and protocol. Expanded the list of procedures that the customer has the right to appeal

Planning

Changed the deadlines for making changes to the schedule. From July 1, 2018, a reduced deadline applies for some cases. The rationing rules will be used by two state corporations.

Reduced the term for the plan - garfika

By general rule the customer makes changes to the schedule and only after 10 calendar days has the right to place a notice of procurement in the EIS or send an invitation to a closed procurement. Exceptions were introduced for the rule - the period was reduced to one calendar day for purchases:

Procurement name	Norm 44-FZ
Repeated competition or new purchase when the competition did not take place	Part 2 of Article 55
Request for proposals under 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-tender 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 the electronic tender did not take place. At the same time, the deadline for submitting applications for the electronic competition has 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 submitting bids for a request for quotations, but no bids have been received	Part 4 of Article 79
A new purchase when an electronic request for quotation has not taken place. At the same time, the deadlines for filing 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 Procurement When ERF Failed	Part 27 of article 83.1
Purchasing from a single supplier	Part 1 of Article 93

The notice must be published not earlier than the placement of the amendments to the schedule 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 rationing rules established by the Government will be applied by the state corporations Rosatom, Roskosmos, as well as the most significant institutions of science, education, culture and healthcare. The most significant institutions are determined by the Budget Code.

Rosatom and Roskosmos will approve the requirements for certain types of goods, works, services, including marginal prices for products and standard costs for providing functions. We are talking about the purchases of state corporations themselves and organizations subordinate to them (parts 4.1, 7 in article 19 of Law No. 44-FZ).

Notice

Supplemented the list of information required to be indicated in the notice of procurement

Article 42 of Law No. 44-FZ establishes what information should be included in a procurement notice.

Procurement methods

New e-procedures

Customers are obliged to conduct all competitive purchases on electronic platforms. A transitional period is provided - from July 1, 2018 to January 1, 2019.

From July 1, 2018, customers are entitled to apply new electronic forms of procedures, and from January 1, 2019, they are obliged 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.
It is possible to purchase in paper form only in exceptional cases:

1. purchases by customers abroad;
2. requests for quotations for emergency medical care in an emergency or urgent form and normal life support for citizens;
3. pre-selection of procurement participants or request for quotations for humanitarian assistance or aftermath emergencies natural or man-made;
4. closed procurement methods;
5. purchases from a supplier;
6. purchases in accordance with government decisions.

New rules for electronic procedures.

1. E-procurement is carried out at the sites selected by the Government.
2. Closed procedures will be held at specialized sites.
3. Until the sites have been selected, electronic procurement will be carried out at the sites that are currently operating.
4. Participants will submit applications for e-procurement only through electronic platforms or specialized electronic platforms.
5. From Law No. 44-FZ, provisions were excluded that relate to the possibility of submitting an application through the EIS.
6. One of mandatory requirements e-procurement - the parties use an enhanced qualified electronic signature. You can get a signature in certification centers accredited by the Ministry of Telecom and Mass Communications. Until the end of 2018, the Treasury issues a qualified electronic signature.
7. Operators of electronic platforms will be able to take money for holding an electronic auction. Previously, the payment was prohibited. It was also forbidden to take money from the participants of the electronic auction for accreditation and participation in the purchase. The Government has the right to establish the procedure and amount of payment from July 1, 2018.

Major changes in the open competition.

The phrase that the customer conducts an open tender in all cases, except for exceptions, was removed from Article 48 of Law No. 44-FZ.

Competitive application:

1. In the application, all participants indicate the postal address, and not just the legal entity, as it was before.
2. In the application, the participant submits documents that are provided for by regulatory legal acts according to the assigned regime. If the participant does not submit documents, the application is equated to an offer with foreign goods, works or services of foreign persons.
3. 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.
4. Each volume of the application must contain an inventory.

Application review:

The application must be rejected if the participant does not provide the application security or if the refusal is provided for by the NLA within the framework of the national regime. Suppose the customer did not attach documents to the application that confirm the benefits for the organizations of the penal system or the disabled. Then the application cannot be rejected.

protocols.

Removed the requirement that the protocol for the consideration and evaluation of applications single application the customer is obliged to attach the proposal of the participant on the object of procurement, the unit price, the name of the country of origin of the goods.

Main 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 during an electronic auction, become invalid. 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 bid.

Changed the procedure for submitting an application for an auction.
In the first part of the application, the participant agrees to supply goods, perform work, provide services on the terms of the documentation. They added that consent is submitted through an electronic platform. In the event that 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 a national regime;
• specific product indicators and trademark, if any. Information is included in the application if there is no trademark in the documentation or if the participant offers a product with a trademark different from the trademark in the documentation.

In the second part:

• The postal address is indicated by all participants, and not just the legal entity, as it was before.
• If in the second part the participant does not submit documents under the national regime, the application will be equated to an application with foreign goods, works, services of foreign persons.

We added one more reason when the operator will return the application - if the information about the participant is in the register of dishonest suppliers. Condition - the customer has limited in the documentation on the procurement of participants from the RNP.

The application no longer has a serial number, but an identification number. Such a number is assigned to the application and reported to the participant by the operator of the electronic site. The identification number is indicated in the protocols.

Consideration of the application.

We have changed the deadline for the customer to consider the first parts of applications. The term for consideration of the first parts of applications for participation in an electronic auction may not exceed seven days from the deadline for filing these applications, and if the initial (maximum) price of the contract does not exceed three million rubles, such a period may not exceed one business day from the date deadline for the submission of said applications.

protocols.

Protocol on the consideration of the first parts will now include additional condition- the presence among the proposals of participants of foreign goods, works or services of foreign persons. 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 amount of reduction of NMCC is from 0.5 percent to 5 percent.

Major Changes in Request for Quotations

Quoted order

• In the quotation bid, the participant indicates:
• mailing address
• contract price proposal, and it is also necessary to register a price proposal for 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 national treatment is established in 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 an 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.

Main changes in the request for proposals

From July 1, 2018, it is impossible to conduct a request for proposals 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 envelopes.

Not only participants, but also their representatives have the right to be present at the opening of envelopes.

When opening the envelopes, the commission announces:

• place,
• date and time of opening,
• name or full name,
• member's mailing address.

The commission announces whether there is information and documents that are provided for by the documentation, the conditions for the execution of the contract. The commission enters the listed information into the protocol.

Consideration of applications.

Added the reasons when the commission should reject the application of the participant:

• the application does not respond to the notice;
• the participant provided false information;
• in cases provided for by regulatory legal acts on the national regime.

final offers.

A rule was added that the final offer of the RFP participant cannot worsen the conditions from the application. If the participant breaks 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 have the right to conduct:

1. federal executive authorities with the functions of developing and implementing public policy in the field of defense, public administration in the field of ensuring the country's security;
2. state institutions, state unitary enterprises that are subordinate to customers from paragraph 1.

The list of bodies, institutions and enterprises is approved by the Government.

Main changes in purchasing from a single supplier

The customer has the right to conclude a contract with a single supplier when:

• the request for quotations for the purchase of goods, works, services for humanitarian assistance or emergency response was not held (clause 9, part 1, article 93 of Law No. 44-FZ);
• there are not enough products that were bought by request for quotations for humanitarian assistance or emergency response. The customer has the right to buy the missing volume from the supplier (clause 9, part 1, article 93 of Law No. 44-FZ);
• an open tender, a tender with limited participation 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, article 93 of Law No. 44-FZ).

Allowed not to place notices of purchases from a single supplier in the EIS federal authorities executive branch that perform functions in the field of defense, government departments in the field of ensuring the security of Russia, subordinate to them government agencies and unitary enterprises. The list of bodies, institutions and enterprises will be determined by the Government.

Purchasing

Customers will make one more requirement to the procurement participants. The size of the application security will depend on the NMCC, and security can be required when purchasing up to 5 million rubles.

New requirements for procurement participants

An item was added to the uniform requirements for procurement participants. Each supplier, executor 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 site. The customer establishes the requirement in the notice and documentation.

The notice supplemented the list of information required to be indicated

Article 42 of Law No. 44-FZ specifies what information should be included in a procurement notice. The list of information has been added. The notice must include:

• the specific part of Article 15 of Law No. 44-FZ - when you make a purchase in parts 4-6 of Article 15 of Law No. 44-FZ. If you are purchasing under 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 notice;
• benefits for enterprises of the penal system and organizations of the disabled (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 Application security is not set:

• the customer is not entitled to demand to secure the application when holding a tender or auction with the NMCC up to 1 million rubles.
• state-owned institutions, if they are participants in the procurement, are exempted from securing the application.

The size of the security at the NMCC is more than 1 million rubles. Government Decree No. 439 dated April 12, 2018

For the NSR and SONO, a special regime with security ceases to operate. As amended by Law No. 44-FZ, until July 1, the maximum amount of security for such participants is no more than 2 percent of the NMTsK (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 divide 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 tenders and a closed auction can be divided into lots.

When allocating lots, for each lot separately indicate:

• purchase object;
• NMTsK and its justification;
• the amount of the application security when the requirement was established;
• terms and other conditions of 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 rules for reporting on 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 when purchasing certain types of goods, works, services.

Entering information into the register of unscrupulous suppliers

We have changed the rules by which information is sent to the register of unscrupulous suppliers. If the sole participant of the failed competitive procurement evades the transaction, send the information to the RNP within three working days. Count the term from the child 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 is valid for individuals, individual entrepreneurs and legal entities that participate in the purchase.
• The government has the right to establish the procedure in which the minimum period for the performance of the contract by the counterparty is determined.

Increased the term for posting information in the register of contracts

The term for placing information about the contract in the register of contracts has been extended 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.

Rules for changing and terminating the contract

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 was cancelled. Changes or terminations of the contract are made within 5 working days. Also, this period is set for entering information about the contract into the register of contracts.

Contract reporting

Changed the order in which the report on the stages of execution of the contract is prepared.
1. The contract was concluded for construction, reconstruction, overhaul capital construction facilities, for the preservation of cultural heritage sites.
2. The price of the contract exceeds 1 billion rubles.
In other cases, it is not necessary to report on stages from July 1, 2018.

Control and appeal

From the Law No. 44-FZ, some of the information that the controllers check was excluded. We expanded the list of procedures that the procurement participant has the right to appeal.

Treasury, financial control bodies of regions and municipalities, government agencies off-budget funds they will not verify the 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. The participant has the right to file a complaint in paper procedures, including in the request for quotations, at any time from the date when the customer published a notice or sent invitations to a closed purchase. Previously, the period 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 in 44-FZ since 2019

New terms

New definitions were introduced into Law No. 44-FZ: electronic site, operator of an electronic site, specialized electronic site, operator of a specialized electronic site. 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 be required to register with the EIS.
• The state information system will work in the unified information system and on the electronic platform.

Participants must register in the Unified Information System

Procurement participants must register with the EIS. Then, within one day, information about participants gets to all electronic platforms that were selected for procurement under 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. Four months in advance, the system will notify the supplier that the deadline is expiring. Three months before the end of the registration period, a participant who has not re-registered 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 ES

From July 1, 2018 to January 1, 2019	The procedure for accreditation of participants on the electronic platform is the same
From January 1, 2019	The old procedure for accreditation of participants on the electronic site will no longer be valid. Article 61 of Law No. 44-FZ will become invalid
From January 1, 2019 to December 31, 2019	Participants who are accredited on electronic platforms are required to register with the EIS
From January 1, 2019	The participant will be able to be accredited on the electronic site only after registration in the EIS
From January 1, 2020	The registers of participants in the electronic auction, which are maintained by electronic platforms, will cease to operate.

New information system

A new state information system will be launched 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 UIS and the electronic platform. In real time, the system will record the actions, inaction of participants and customers in the EIS and on the electronic platform, and conduct video recording.
Who will be responsible for the work new system to 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 the changes in Federal Law 223 from July 01, 2018

What has changed	Short description changes
Procurement methods	The list of competitive purchases was expanded: a request for quotations and a request for proposals were added to the tender and auction. Determine which purchase is competitive. Regulated electronic procurement, which will be held on electronic platforms. Purchases from a single supplier and any other purchases that the customer writes in the procurement regulation were classified as non-competitive
Supplier selection	Customers will conduct purchases under the new rules. So, in the description of the subject of the purchase it is impossible to indicate trademarks. In exceptional cases, you can write a trademark, but with the phrase "or equivalent". You can demand to secure an application only if the initial (maximum) price of the contract is from 5 million rubles. The amount of collateral is up to 5 percent of NMTsD. Changed the deadlines for publishing notices and concluding contracts
Rules for purchasing from SMEs	Purchases from SMEs will be carried out by customers only in electronic form on electronic platforms approved by the Government. Terms for the publication of the notice are reduced in comparison with purchases on a general basis
Work according to 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 report on purchases from SMEs, or publish an inaccurate report. At the same time, customers will not apply part of the provisions of Law No. 44-FZ
Rules for the operation of ES operators	Only a legal entity can be an operator of an electronic platform. When purchasing among SMEs, purchases will be carried out only on the EP from the list of the Government
Procurement reporting	Customers will separately report on contracts with single 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 any actions of the customer. SME Corporation, regional authorities and organizations established by regional authorities are only entitled to file a complaint against customers who are assessed and monitored
Purchases for investment projects	The procurement rules for investment projects will apply if the cost of such a project is from 500 million rubles. The rules do not apply to state corporations, state companies, economic entities, in the authorized capital of which the state's share of participation exceeds 50 percent, and "subsidiaries" of the listed organizations
Procurement with approved NWDC	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 coordinate the purchase with the coordinating body of the Government

The bulk of the amendments to Law No. 223-FZ were made by Federal Law No. 505-FZ of December 31, 2017. For a full overview of the changes, read later in the recommendation.

Procurement methods

The two main changes are expanding the list of competitive purchases and establishing rules for electronic purchases. Read more about innovations.

ADDED COMPETITIVE PURCHASING

TO competition and auction added request for proposals and request for quotations. These methods of competitive procurement 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 procurement is competitive if the customer simultaneously complies with three conditions:

1. Publishes procurement information in the EIS or sends invitations to potential participants.
2. Provides competition for the right to conclude a contract based on the results of the purchase.
3. Describes the subject of the procurement, taking into account the requirements listed below.

Customers choose the methods of non-competitive purchases independently, including purchase from a single supplier.

DETERMINED THE ORDER OF COMPETITIVE PURCHASES

In order to conduct a competitive purchase, the customer publishes a notice and documentation in the EIS. There is no need to publish documentation when requesting quotations. The customer prescribes the requirements for the bids of participants in the documentation, and when requesting quotations - in the notice.
Applicants are entitled to submit only one application, and in case of a multi-lot purchase - one application for each lot. Before the customer completes the acceptance of 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 the request was received. The customer has the right not to respond to requests received later than three working days before the deadline for submitting applications. It is impossible to change the essence of the documentation with clarifications.
The customer has the right to cancel the purchase before it completes accepting bids. The decision to cancel must be published in the EIS.
To select a supplier, the customer creates a purchasing commission. Procurement records must be kept for at least three years.

HAVE ESTABLISHED REQUIREMENTS FOR PURCHASING FROM A SUPPLIER

Customers will publish information about the purchase from the single supplier in the EIS only if they provide for such an obligation in the procurement regulation. It is also necessary to write in the regulation the procedure for such a purchase and complete list cases when the customer has the right to conclude a contract with the supplier. A recommendation will help to conduct purchases from a single supplier and other non-competitive procedures.

DESCRIBED THE PROCEDURE OF PURCHASING IN ELECTRONIC FORM

With e-procurement, the entire document flow will take place on electronic platforms. Through the EP, participants will submit applications, send requests for clarifications to the documentation, and customers will publish clarifications in the EIS, gain access to applications, and form draft protocols. The operation of the electronic platform will be provided by the operator. The documents are signed by the customer, participant and operator of the electronic site with an enhanced qualified electronic signature. To participate in the procurement, the participant will be accredited to the EP.
To change or withdraw the 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 recommendation.

REGULATED CLOSED PURCHASES

Customers have the right to conduct any competitive procurement by a closed method. A closed form is chosen if the procurement information is a state secret or the information is not published in the EIS by decision of the Government or the Government's coordinating body for procurement within 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 purchases in electronic form, the Government will determine.

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 methods of procurement. What else has changed, read on.

THE RULES FOR DESCRIPTION OF THE SUBJECT OF PROCUREMENT WERE APPROVED

Customers will describe the object of procurement according to the rules that are similar to the provisions of Law No. 44-FZ. It is necessary to write functional, technical, qualitative and operational characteristics of a 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. Exception - there is no other way to accurately describe the product. In this case, the phrase "or equivalent" must be used. It is not necessary to indicate equivalence in cases where the customer buys:

• goods and it is necessary to ensure compatibility with the goods that the customer already has;
• spare parts for machines and equipment that the customer already has;
• goods in order to fulfill a contract under Law No. 44-FZ;
• goods, works or services under international agreements or contracts of customers under Law No. 223-FZ, which provide for specific brands of goods.

HAVE CHANGED THE RULES FOR NWDC

The initial (maximum) price of the contract in the notice and documentation, the customers will indicate in one of three ways:

1. initial (maximum) contract price (NMTsD);
2. price formula and the maximum value of the contract price;
3. the price of a unit of goods, work or service and the maximum value of the price of the contract.

HAVE ESTABLISHED REQUIREMENTS FOR SECURING APPLICATIONS

If the customer requires to secure the 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 deposit, a bank guarantee and other ways to Civil Code. The participant himself chooses a method from those established by the customer.
In addition to a bank guarantee and a pledge, it is possible to secure obligations with a penalty, retention of a thing, 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) price of the contract exceeds 5 million rubles. The size of the bid security shall not exceed 5 percent of NWDC.
The customer will not return the security if the winner of the purchase does not conclude an agreement or does not provide the security of the agreement (if it is provided for in the notice).

THE INFORMATION IN THE NOTICE AND DOCUMENTATION IS CHANGED

To the information that the customer will be required to indicate in the notice from July 1, 2018, they added:

• address of the electronic platform for competitive procurement;
• the time and procedure for submitting purchase applications;
• the order in which the customer summarizes the results of the procurement (procurement stages);
• description of the procurement object in accordance with the rules described above.

Changed the content of the documentation. Customers will additionally indicate:

• requirements for participants and subcontractors in the procurement of works for the design, construction, modernization and repair of especially dangerous, technically complex capital construction facilities and products related to the use of nuclear energy;
• description of the subject of procurement in accordance with the rules described above.

In addition, the notice and documentation must include the rules for calculating NMTsD. Read more about what to write in the notice and in the documentation.
Will 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 according to the procurement regulations must remain. Let's say they published a notice of an auction on July 2. Applications are accepted for 15 calendar days, that is, until July 18. On the 16th the documentation was changed. It is necessary to extend the period by at least 8 calendar days, that is, until July 26.

THE TERMS OF PUBLICATION OF NOTIFICATIONS HAVE BEEN CHANGED

The terms in which customers will publish a notice in the EIS depend on the method of procurement. It is necessary to count the period from the date of publication of the notice to the date when you complete accepting applications, and when requesting proposals - when you make the request. The terms for purchases from SMEs and for purchases on a general basis are different.

Purchasing method	Minimum term for general purchases	Minimum term when purchasing from SMEs
Competition	15 calendar days	Seven calendar days for NMTsD up to 30 million rubles, 15 calendar days for NMTsD above 30 million rubles.
Auction
Request for proposals	seven business days	Five working days, NMTsD should not exceed 15 million rubles.
Quote request	Five business days	Four working days, NMTsD should not exceed 7 million rubles.

Now the customer must give participants at least 20 calendar days to submit applications. The rule is valid only for the contest and auction. The terms for competitive purchases, which are not bidding, are set by the customer in the regulation (part 2 of article 3 of Law No. 223-FZ).

ESTABLISHED REQUIREMENTS FOR THE CONTENT OF PROTOCOLS

Customers will draw up two types of protocols: for each stage of the procurement and for the results of supplier selection (final protocol).
See the table for information to be included in the protocols.

Procurement stage protocol

Final Protocol

Date of signing of the protocol. Results of consideration of applications (if at the stage the customer considers 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 of 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 conclude an agreement. Application numbers in decreasing order of profitability of participants' proposals. The results of consideration of applications. Application evaluation results. Reasons why the purchase did not take place (if necessary). Other information according to the procurement regulation

DETERMINED 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 period applies if the participant has 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 body 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

Purchases among small and medium-sized businesses will be carried out by customers only in electronic form. When purchasing from SMEs, the customer has the right to hold a tender in stages, at which:

• discuss with the participants the characteristics of the products in order to clarify them;
• will discuss the proposals of the participants in order to clarify the characteristics of the products;
• review and evaluate applications;
• will conduct a qualifying selection;
• compare additional price offers of participants.

If the customer includes stages, he is obliged to follow the sequence described above. The time frame for each stage should be described in the documentation. Each stage can be included in the purchase only once.
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. When requesting quotations, customers will not conduct a qualifying selection.
The participant has the right to provide security for the application in the form of a cash deposit or a bank guarantee. Other forms of security for procurement among SMEs are not provided. At the same time, the applicant does not deposit money into the account of the customer, but into a special account, which he opens in a bank from the list of the Ministry of Finance.
Applications for tender, auction and request for proposals will consist of two parts and a price offer. In the first part, the SME describes the products. In the second - indicates information about himself, describes consumer properties products, gives other conditions for the execution 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 the protocol of disagreements to the customer - also through the electronic platform. Read more about e-procurement from SMEs in the recommendation.

Work procedure according to 44-FZ

Customers who have not fulfilled their purchase obligations from SMEs work under 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 the method of purchase;
• purchase goods, works and services from SMP and SONO;
• make demands on participants;
• evaluate applications;
• create a purchasing commission;
• choose a supplier;
• send information about participants to the FAS for inclusion in the register of unscrupulous suppliers;
• conclude contracts with suppliers in accordance with the rules of part 1 of article 93 of Law No. 44-FZ.

The customer works according to Law No. 44-FZ, if he did not fulfill the obligation to purchase products from SMEs in the amount determined by the Government, did not publish a report on procurement from SMEs in the EIS, or published an unreliable report. Similar rules for working under Law No. 44-FZ from December 31, 2017 are valid for customers who have not approved and published the procurement regulation in the EIS.

Requirements for operators of an electronic platform

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 a 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 not exceed 25 percent. The operator must own the electronic platform, including the equipment and programs necessary for the operation of the ES.
The operator of the electronic platform 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 confidential information is disclosed.
The requirements for site operators when purchasing from SMEs are different. Such sites will operate in accordance with the rules of Law No. 44-FZ, taking into account additional requirements to be established 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 UIS, customers post information on the number and cost of contracts based on the results of all purchases, purchases from a single supplier, as well as contracts with a single supplier based on the results of a failed purchase.

The procedure for judicial appeal

The participant has the right to appeal in court any actions of the customer. The SME Corporation, regional governments and organizations created by them will be able to file a complaint only if the customer:

• conducts procurement in violation of Law No. 223-FZ or the procurement regulation;
• made 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 did not conduct the procurement in accordance with the rules of Law No. 44-FZ;
• did not publish the annual report on procurement from SMEs in the EIS or posted false information.

The SME Corporation, regional authorities and organizations created by them can only file a complaint against customers who are assessed and monitored. Now there is only one restriction - you can appeal against the actions of the customer in relation to the SME.
They will introduce a new basis for a complaint to the FAS - a violation of Law No. 223-FZ by an operator of an electronic site. Only the procurement participant is entitled to apply to the antimonopoly body on this basis.

Purchases for investment projects

The new procurement rules for investment projects are subject to the simultaneous observance of two conditions:

1. The customer implements an investment project with state support, while the project included a list of investment projects.
2. The cost of the investment project is at least 500 million rubles.

The rule will not apply to the following customers:

• state corporations;
• state companies;

The government will be given the right to oblige a legal entity to publish lists of promising needs for engineering products. At the same time, the customer has the right to buy products from the list only after he provides information to the coordinating body of the Government.
The changes come into effect on June 30, 2018.

Procurement with approved NWDC

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 coordinate the purchase with the coordinating body of the Government. Purchasing, in agreement with the coordinating body, it is also necessary to purchase works, services and rent if the counterparty will use goods from the list.
The rules apply to the following customers:

• state corporations;
• state companies;
• economic companies, in the authorized capital of which the share of the state participation exceeds 50 percent;
• subsidiary business companies, in the authorized capital of which more than 50 percent belongs to the listed legal entities.

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