Government procurement – ​​we start and win. Government procurement “from scratch”: step-by-step instructions for a beginner What is purchased under 44 federal laws

Brought major changes. The new law added an auction list regulating the purchase of goods through an electronic auction. FZ-44 introduced the Unified Information System. Some of the changes affected procurement planning. The approach to their formation and timing has changed, and the possibility of public discussion has been added.

Federal Law-44 “On Government Procurement” is a document that regulates the system for processing and placing government orders for bidding, using a purchasing system available to both the buyer and the supplier. The document is intended to establish a system for purchasing goods of municipal and state significance.

According to Federal Law 44, customers must create annual procurement schedules, placing them in a single information database for maximum transparency of the process. For goods sold worth more than 1 billion rubles, a condition of mandatory public discussion is imposed. In general, public control has been introduced.

In the executive part of orders, the new law has introduced diversity in their placement. Orders can be placed electronically, on a competitive basis, during closed auctions, etc. Contracts for orders are now supervised by banking organizations. The procedure for their amendment and termination has been changed.

According to Federal Law 44, restrictions are imposed on foreign purchases.

Download FZ-44

Federal Law 44 “On Public Procurement” in the latest edition with comments, available at. The document also contains notes related to changes in the law.

Placing orders

Changes in the law on placing orders mainly affected schedules. The formation of schedules must be done in advance. They are posted by customers on the official website, based on the procedure approved by the Ministry of Economic Development and the Treasury of the Russian Federation.

According to the law, changes to the schedule are made only if there is a change of more than 10% of the cost of goods planned for purchase. To make changes, you must indicate the reasons.

Procurement for municipal needs under 44-FZ

According to 44-FZ, procurement for municipal needs is a process, a set of actions, agreed upon by Federal Law, aimed at meeting state or municipal needs. Any legal entity can become a participant in the transaction; the customer is any government agency. The main change affecting procurement was mandatory public discussion, with a purchase amount of 1 billion rubles or more.

The new law provides for only a few cases when procurement can take place without public discussion:

• with closed determination of suppliers;
• within the framework of defense government orders;
• when purchasing through an electronic auction;
• for purchases that are sold as humanitarian aid.

“On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 was replaced by Law No. 94-FZ, which previously regulated government procurement. The law is intended to regulate relations between government customers and procurement participants at all stages of procurement activities.

Purposes of the Federal Law on Procurement

• increasing the efficiency and effectiveness of procurement of goods, works, and services. Effective and economical spending of budget funds is not only one of the main goals of Law No. 44-FZ, but also one of the basic principles of the Budget Code of the Russian Federation. According to Art. 34 of the Budget Code of the Russian Federation, customers “must proceed from the need to achieve specified results using the least amount of funds (economy).”
• ensuring openness and transparency of government procurement, ensuring access to information. Achieving this goal was realized in the creation of a Unified Information System, in which it is possible to track all stages of procurement, complaints and decisions of regulatory authorities on these complaints. All information collected in one place greatly simplifies the work of both system users and regulatory authorities.
• preventing corruption and other abuses in procurement. When conducting an electronic auction, participants act under numbers, and not under their own names, the customer will find out after the fact who won the auction. When requesting quotes, envelopes can be submitted anonymously; only during the procedure of opening the envelopes will the customer find out who submitted the applications. Such measures help to minimize the possibility of unfair competition.

To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get an electronic signature. Select the platform that best suits your organization and register. Next, generate documentation and notices, carry out procedures and identify a supplier and conclude a contract, taking into account the characteristics of each procurement method.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

Six principles of the contract system

Principle No. 1 - openness and transparency. The principle is expressed in the fact that all information about government procurement, with the exception of that relating to state secrets, is publicly available in the Unified Information System. Anyone can obtain information about who is purchasing what, on what terms, and how the supplier is or will be determined.

Principle No. 2 - ensuring competition. Competition must be based on the principle of “fair price and non-price competition between procurement participants” (Article 8 of Law No. 44-FZ). Any legal entity or individual can become a participant in government procurement if it meets the mandatory requirements imposed on suppliers by 44-FZ. Unreasonable restriction of competition is contrary to Law No. 44-FZ and entails administrative liability for the customer and its officials.

Principle No. 3 - professionalism. This means, first of all, the professionalism of the customer. Customers “take measures to maintain and improve the level of qualifications and professional education of officials involved in procurement” (Part 2 of Article 9 of Law No. 44-FZ). Procurement under 44-FZ is a complex process consisting of several stages. Only a professionally savvy specialist - a contract manager - can plan a purchase promptly, competently and without violations, prepare documentation, conduct a competitive procedure and sign a contract.

Principle No. 4 - Encouraging the use of innovative technologies and processes. The principle is expressed in the fact that when purchasing, the customer must make a choice in favor of high-tech goods, works and services, if possible.

Principle No. 5 - unity of the contract system. Law No. 44-FZ regulates all government procurement, regardless of the scope and subject of the purchase. Compliance with the requirements of 44-FZ is mandatory for all customers and all procurement participants.

Principle No. 6 - responsibility for the result. Customers are responsible for the preparation of documentation, for ensuring competition in procurement, for the legal selection of a supplier, and for fulfilling their obligations under the contract. Participants are responsible for the accuracy of the information provided, for timely provision and confirmation of their good faith, if necessary, for the execution of the contract. And if any of them fails to fulfill their responsibilities, they will be forced to bear responsibility for the violation.

Differences between 44-FZ and the previous regulator 94-FZ

Among the main differences of 44-FZ are:

• EIS. The unified information system is designed to ensure maximum transparency and openness of procurement. Previously, control systems did not allow a quick, objective and comprehensive assessment of the legality of a particular purchase.
• Register of bank guarantees. In accordance with Article 45 of Law No. 44-FZ, bank guarantees provided by procurement participants “must be included in the register of bank guarantees,” otherwise the customer will not be able to accept such security. Frequent cases of fraud with bank guarantees obligated the legislator to provide for the customer a kind of “insurance” against dishonest entrepreneurs and banks.
• Anti-dumping measures under Article 37 of Law No. 44-FZ. When a participant significantly underestimates the price, he must confirm his good faith or provide security “in an amount exceeding one and a half times the amount of security for the execution of the contract.” This will allow the customer to make sure that such a participant intends to conclude a contract and not disrupt the purchase.
• New competitive ways to determine a supplier and criteria for evaluating applications.
  Law No. 44-FZ provides for five main ways to determine a supplier.
• Expanded requirements for procurement participants. For example, 94-FZ obligated customers to allow for procurement only those participants who are not listed in the RNP. According to 44-FZ, the customer can establish a requirement that not only a legal entity, but also individuals - representatives of the organization’s management team - be absent from the RNP.

Methods for identifying a supplier

Law No. 44-FZ provides five ways to determine a supplier in accordance with Article 24:

• contest;
• auction;
• request for quotations;
• request for proposals;
• purchase from a single supplier.

The first four purchasing methods are competitive procedures. Purchasing from a single supplier can be carried out in a number of cases - when the competitive procedure did not take place (not always), when we are talking about small purchases of up to 100 thousand and in other cases provided for in Article 93 of Law No. 44-FZ.

Contest- this is a method of determining a supplier, in which the winner is the participant who offered the best conditions for the customer, that is, price is not the only criterion for evaluating applications (Part 3 of Article 24 of Law No. 44-FZ).

There are competitions:

• open (Article 48 44-FZ);
• with limited participation (Article 56 44-FZ);
• two-stage (Article 57 44-FZ);
• closed (Article 84.85 44-FZ);
• closed with limited participation (Articles 84.85 44-FZ);
• closed two-stage (Article 84,85 44-FZ).

Auction is a method of determining a supplier in which the main evaluation criterion is price. The participant who offered the lowest price will be recognized as the winner of the auction (Part 4, Article 24 of Law No. 44-FZ). An auction must be held if the customer purchases goods, works and services included in the list approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r.

Auctions are:

• electronic (Article 59 of Law No. 44-FZ);
• closed (Article 86 of Law No. 44-FZ).

Request for quotation- a form of procurement in which the winner is the participant who offered the lowest contract price (Part 1, Article 72 of Law No. 44-FZ).

Request for proposals- a procurement in which the winner is the one whose proposal best meets the requirements for a product, work or service established by the customer (Part 1 of Article 83 of Law No. 44-FZ).

Electronic procurement platforms under 44-FZ

Procurement under 44-FZ is carried out on 6 specialized electronic platforms.

• CJSC "Sberbank-Automated Trading System";
• State Unitary Enterprise “Agency for State Order, Investment Activities and Interregional Relations of the Republic of Tatarstan” (All-Russian Electronic Commerce System);
• JSC Electronic Trading Systems (National Electronic Platform);
• OJSC Russian Auction House;
• LLC "RTS-Tender";
• JSC "Unified Electronic Trading Platform".

Trading under 44-FZ can only be carried out on these sites.

Planning and algorithm for procurement under 44-FZ

Procurement planning. All purchases carried out by the customer must be included in the schedule and procurement plan. You cannot purchase something that is not included in the schedule and procurement plan. Decree of the Government of the Russian Federation No. 73 of January 25, 2017. introduced new forms of schedules and procurement plans.

To conduct a purchase under 44-FZ, the customer needs:

1. Register (re-register) in the Unified Information System and on the ETP, obtain an electronic digital signature (EDS) at the Treasury. Those who registered in the Unified Information System (US) before July 15, 2016 must register again. The deadline is 04/01/2017; if this is not done, access to your personal account will be denied. The requirement is indicated in the Order of the Federal Treasury dated December 30, 2015 No. 27n.
2. Appoint a contract manager or create a contract service. In accordance with the requirements of Article 38 of Law No. 44-FZ, a contract service must be created for those customers whose annual purchase volume is above 100 million rubles. For the rest, a contract manager can be appointed. Since January 2017, the contract manager and contract service employees must have higher or additional education in the field of procurement.
3. Place plans and plans - procurement schedules in the Unified Information System.
4. Prepare and post procurement documentation (choose the correct method for determining the NMCC). This must be done taking into account the national regime and all existing bans on the supply of imported products.
5. Make a purchase. Depending on how the supplier is determined, the customer must publish intermediate and final protocols. In the auction - a protocol for the consideration of the first parts of applications, a protocol for summing up the results of the auction, in a request for quotations - a protocol for the consideration and evaluation of applications for participation. It is necessary to strictly adhere to the deadlines for posting documents. Administrative liability is provided for violation of deadlines.
6. Sign contract. The EIS library already has several standard contracts for certain types of procurement items. The development of the contract is carried out by the contract service of the customer or the contract manager.
7. Accept the product/work/service.
8. Pay for the contract and post reports.

If the winner avoids concluding a contract, the customer is obliged to submit information to the FAS. FAS, in turn, decides to include such a supplier in the register of unscrupulous suppliers.

Customer reporting under 44-FZ

The customer is obliged to publish a report in the Unified Information System:

• By volume of purchases from SMP and SONKO. The procedure and form of the report are regulated by Decree of the Government of the Russian Federation No. 238 of March 17, 2015.
• For completed contracts. The form and procedure for submitting the report is described in Government Decree No. 1093 of November 28, 2013. The report must be accompanied by the results of the examination and a document confirming the acceptance of the results in accordance with Part 10 of Art. 94 of Law No. 44-FZ. Separate reporting is provided for the register of contracts (Article 103 of Law No. 44-FZ) and separate reporting for the stages of contract execution (Part 9 of Article 94 of Law No. 44-FZ).
• For purchases from a single supplier, contractor. The customer must justify the need for procurement in this particular way in accordance with Part 3 of Article 93 of Law No. 44-FZ.

Timely placement of the report is the personal responsibility of the contract manager. For violation of deadlines, administrative liability is provided under Art. 7.30 Code of Administrative Offenses of the Russian Federation.

Who can participate in procurement under 44-FZ

According to the requirements of Law No. 44-FZ, procurement participants can be any legal entities and individuals, regardless of their location and legal form, if they comply with the requirements of Article 31 44-FZ.

Cannot participate in procurement persons who:

• have a criminal record under Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation. If anyone from the management team of a participant has an outstanding or unexpunged criminal record under these articles, they cannot participate in government procurement. It is also not allowed to apply “punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities” to a procurement participant in accordance with Part 1 of December 28, 2016;
• were prosecuted under Article 19.28 of the Code of Administrative Offenses of the Russian Federation 2 years before participating in the procurement (Part 2 of Law No. 489-FZ of December 28, 2016);
• are in a state of liquidation, bankruptcy or suspension of activity;
• have debts to the budget to pay taxes, fees, penalties, fines;
• are under the jurisdiction of Turkey or under the direction of Turkish citizens when it comes to the procurement of works and services;
• are offshore companies;
• have a conflict of interest with the customer, its managers, contract manager, and members of the commission. A conflict of interest is understood as the presence of direct family ties.

What does a supplier do to participate in government procurement?

In order to become a participant in government procurement you must:

1. Obtain an electronic signature from a special certification center;
2. Register on the trading platform. Send the organization’s constituent documents to the site operator;
3. Install and configure digital signature;
4. Be accredited on trading platforms according to 44-FZ;
5. Find the procurement of interest independently or with the help of special organizations, familiarize yourself with its requirements, prepare and timely submit an application for participation;
6. Decide on the form of securing the application (contract). If the procurement form allows, using a bank guarantee is more convenient and cheaper. Confirm good faith, if necessary, in the manner prescribed by the procurement method.
7. If you win, sign the contract in a timely manner (submit a protocol of disagreements).

You can participate only after detailed familiarization with the terms of purchase. If any item in the procurement documentation raises questions, you can contact the customer for clarification.

Procurement control

Departmental control. The rules for conducting departmental control in public procurement are regulated by Decree of the Government of the Russian Federation dated February 10, 2014 No. 89. In accordance with Art. 100 of Law No. 44-FZ, departmental control is carried out by:

• government agencies;
• State Atomic Energy Corporation Rosatom;
• State Corporation for Space Activities "Roscosmos";
• management bodies of state extra-budgetary funds;
• municipal authorities.

FAS controls the procurement procedures themselves. Powers to control public procurement are distributed between the Treasury and the Ministry of Economic Development in accordance with Decree of the Government of the Russian Federation of September 30, 2014 No. 996. Currently, treasury control is under Part 5 of Art. 99 of Law No. 44-FZ suspended in accordance with Decree of the Government of the Russian Federation No. 315 of March 20, 2017:

• for federal customers until 01/01/2018;
• for municipalities and constituent entities of the Russian Federation until 01/01/2019

From July 1, 2017, the Ministry of Economic Development will transfer to the Ministry of Finance all powers to control the UIS and regulate the entire contract system.

Internal control. It is expressed in the fact that the customer must control the execution of the contract by the supplier (Article 101 of Law 44-FZ). Control over the involvement of subcontractors and co-executors also lies with the customer. The customer determines the control methods himself; they are not prescribed by law.

Public control. Implemented in the ability of citizens, public associations and associations of legal entities to publicly discuss government procurement and request all documents of interest from customers. Customers are required to deal with such requests in accordance with the general procedure. As part of public control, the following can be carried out:

• independent monitoring;
• assessment of the effectiveness of public procurement.

As part of public control, a third party, not being a procurement participant, can file a complaint with the supervisory authority.

Art. 3 reveals the term determination of supplier (contractor, performer), as a set of actions, starting from the placement of a procurement notice or invitation and ending with the conclusion of a contract. That is, the law provides 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 Federal Law-44:

• Placement of procurement plans and schedules
• Preparation and placement of procurement documentation
• Determination of supplier (contractor, performer)
• Conclusion of a contract
• Acceptance of goods, works, services
• Posting reports

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

Planning of purchases according to 44-FZ

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

Procurement plans under 44-FZ

Procurement plans should include:

1. Purchase identification code
2. Purpose of the purchase
3. Name of procurement objects
4. Amount of funding
5. Timing, frequency
6. Justification of the initial maximum price and 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. Specifications:
   • quantity of goods
   • scope of work or service
   • deadlines
   • periodicity
   • starting price
   • advance amount
   • payment stages
4. Additional requirements for participants and their justification
5. Method for identifying a supplier and its rationale
6. Procurement 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 working days after the customer receives the scope of rights in monetary terms. The PG is posted in the UIS within 3 working days. Procurements that are not included in the schedules are prohibited.

Features of procurement planning within the framework of the State Defense Order (state defense order) are established by 275-FZ “On State Defense Order”.

Procurement under 44-FZ

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

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

Paragraph 1 – general provisions of the third chapter. Consists of 24 articles and describes:

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

Methods for determining a supplier according to 44-FZ

Paragraph 2 – identification of suppliers through competitions and auctions. Covers 24 articles.

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

Competitive methods for determining a supplier under 44-FZ

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

Evaluation of applications under 44-FZ

The customer evaluates applications according to the following criteria

1. Operating costs
2. Characteristics
   • Quality
   • Functional
   • Environmental
3. Qualification
   • Financial resources
   • Equipment and other material resources
   • Experience in the subject 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, you can estimate how many points each evaluation criterion can bring.

There can be at least 2 criteria, the obligatory one of which is price. In this case, for example, the importance 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, the latest version of which was adopted in 2016.

The calculation formulas specified in it for assessing the application are not clear to every customer and supplier.

Description of the procurement object under 44-FZ

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

1. Objective nature 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 place of origin of the goods
   • Manufacturer's name
   • Requirements limiting the number of procurement participants

There are exceptions to these rules. It is possible to indicate trademarks if it is intended to use goods the supply of which is not the subject of the contract.

In this case, the description must include the word “or equivalent”, except in cases 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 and testing
• Requirements for testing and their methods
• Requirements for packaging, marking, labels
• Confirmation of compliance of production processes and methods with technical regulations, standards and conditions
• Conventions and terminology

All goods must be new, not used, repaired or refurbished, unless expressly stated in the documentation.

If necessary, the customer can set requirements

1. By the warranty period
2. Scope of guarantees
3. Warranty service
4. To the costs of operating the product
5. Mandatory installation and commissioning
6. To train persons using and servicing the product

Any participant has the right to send the customer a request for clarification under 44-FZ. The response time 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 purchases of goods, works, services to meet state or municipal needs.

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

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

The contract service operates on the basis of standard regulations (regulations) approved by Order of the Ministry of Economic Development dated October 29, 2013 N 631 (as amended on October 24, 2016).

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

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

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

Other powers of the contract service:

• Consultations with suppliers, contractors, performers to determine the competitive environment, the best technologies and solutions for ensuring 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 of appealing the actions or inaction of the customer to the FAS, claims work
• Development of draft customer contracts
• Checking the bank guarantees of the supplier, contractor, performer
• Arranging the return of funds as security for an application or contract security

Expert organization for 44-FZ

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

Expertise under 44-FZ cannot be carried out:

• Individuals
• Officials or employees of the customer (acting or having been them over the past two years)
• Persons having property interests under this contract
• Close relatives of the customer’s manager, members of the contract service, procurement commission
• Officials or employees of the contractor, supplier, performer
• Legal entities in which the customer or supplier under the contract have shares of 25% or more
• Natural or legal persons who may be directly or indirectly influenced by the supplier or customer

Contract under 44-FZ

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

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

An increase in the contract price is possible at the customer’s initiative 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.

Tender is synonymous with identifying a supplier on a competitive basis, which is referred to in law as “procurement”. 44-FZ suppliers sometimes call bidding law or the federal law on tenders and auctions.

Analysis of tenders under 44-FZ is a necessary step before making a decision on participation in the procurement. Study the notice, documentation, technical specifications, draft contract. To participate in tenders under 44-FZ, you will need to provide application security.

Open competition under 44-FZ

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

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

Applications can be thousands of pages long, weigh tens of kilograms and require weeks to prepare. Most often, the competition is called a tender.

Electronic auction under 44-FZ

In the 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 conduct of an electronic auction (Article 59), starting from accreditation on electronic platforms (Article 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 filing an application for an auction, which consists of 2 parts. If the participant was rejected according to the second part of the application 44-FZ, re-read the list of documents (clause 5 of 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 case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction), approved by order of the Government of the Russian Federation.

Request for quotations under 44-FZ

Articles 72-79 describe the determination of a supplier by conducting a request for quotations (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 government procurement. To prepare a quotation application under 44-FZ, no digital signature is required for electronic trading

Applications are submitted in paper form in envelopes and certified in the traditional way using 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 determination of a supplier by conducting a request for proposals, closed methods of identifying suppliers, procurement from a single supplier and features of execution, modification, termination and provision of a contract.

Request for proposals under 44-FZ

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

The eighth chapter of 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 over a period of 3 years, starting from January 1, 2014, ending on January 1, 2017 of the year.

Help under 44-FZ

If you have difficulties applying 44-FZ or do not yet know the provisions of this law, you can contact our specialists.

Procurement methods are a mechanism for selecting a supplier for the execution of a government contract. This choice is both competitive and non-competitive. Let's figure out how they differ from each other and how to choose the right one.

Procurement methods under 44-FZ

First, let's look at procurement methods under 44-FZ; the table clearly shows all possible options.

Competitive procurement methods under 44-FZ

View	Subspecies	Description	Winner
Contest	Open	Like all other competitions, it is held “live”, there are no price restrictions. The most common option. Uniform requirements are imposed on all participants. Addressed to an indefinite circle of people. The notice is published in the EIS.	The one who offers the best conditions.
	With limited participation	Used when ordering complex and innovative goods and services. The winner undergoes pre-qualification. The recipients are an unlimited circle of people, the requirements for everyone are the same.
	Two-stage	In addition to the basic requirements, additional ones may be added. The winner is the one who offers the best conditions based on the results of the second stage. It is carried out to conclude a contract for scientific research, experiments, surveys, etc., as well as if it is necessary to discuss the characteristics of the object with the participants. Addressed to an indefinite circle of people.
	Closed	They differ in that the offer is sent to a limited number of people who meet certain requirements. It is used when there is a state secret or it is necessary to transport state funds, or in the case of searching for drivers and service personnel for judges and bailiffs. From 07/01/2018, the list was supplemented by purchases of federal executive authorities, which draw up and implement state policy in the field of defense, management and security, as well as state agencies subordinate to them. institutions and state unitary enterprises. The list of such bodies, institutions and enterprises has been approved
	Closed with limited participation
	Closed two-stage
Electronic tender procedures	Similar to “paper”	Similar to “paper” procedures. The customer has the right to use this method from 07/01/2018. And without fail, government customers will begin to conduct electronic competitive procedures from 01/01/2019.
Auction	Open electronically	The most popular procedure. The criterion for selecting the winner is the proposed price. It is carried out without any limit on the amount. In this case, the list of purchases that the customer is obliged to conduct in the form of an auction is established by the Government. Held . There are currently eight of them.	The lowest bidder in a step-down auction.
	Closed	There may be a fee for obtaining documentation of such an auction. The fee is set by the customer, and information about it is also indicated in the invitation to participate in the procedure. Government Order No. 1447-r dated July 12, 2018 approved a specialized trading platform for trading - AST "GOZ".
Request for quotation		Used provided that the NMCC is less than 500,000 rubles. It is carried out by directly transferring envelopes with the price to the customer. Participants are an indefinite circle of people. The notice is posted in the EIS.	The one who offers the lowest price.
Electronic request for quotations		From 07/01/2018, government customers have the right to conduct an electronic request for quotations, and from 01/01/2019 they are required to conduct them in digital form. The reasons for choosing an electronic request for quotation are similar to the “paper” one. Moreover, in the current year, the annual volume of purchases of “paper”, electronic request for quotations, or both at the same time should not exceed 10% in total and should not amount to more than one hundred million rubles ().
Request for proposals		Used to purchase medicines for patients for medical reasons, sports equipment and equipment for the Olympic and Paralympic Games if the re-competition is declared invalid. Participants are an indefinite circle of people. The notice is posted in the EIS. A request for proposals is also called a mini-competition. This is also the only scenario for selecting a contractor under a contract in which it is allowed (the ability to change the offer, for example, the price, after opening the envelopes). On August 14, 2018, Federal Law No. 311-FZ of August 3, 2018 came into force. It changed the way applications are considered during the request for proposals process. The customer was prohibited from establishing his own criteria and recognized as part 2 of Art. 32 no longer valid. On January 1, 2019, Federal Law No. 267-FZ of July 29, 2018 came into force. He added to the list of grounds for requesting proposals in electronic form: public procurement of residential premises for orphans and children without parental care from individuals. In this case, an individual must own these residential premises by right of ownership	The one whose final proposal will reflect the most ideal conditions.
Electronic request for proposals		Starting from July 2019, government customers can carry out, and from 01/01/2018 there should be a final transition to a remote method of determining the winner. It is carried out on the grounds specified for the paper request. At the same time, along with a failed competition, an electronic request for proposals can also be selected after recognition: electronic auction failed, according to Part 4 of Art. 71 44-FZ; open competition, competition with limited participation, two-stage competition, which were held in digital form, failed, according to Part 4 of Art. 55.1 of the Contract System Law.

Non-competitive procurement methods

There is only one subtype - purchasing from a single supplier. In this case, the contract is concluded without carrying out the procedure for selecting the winner, in accordance with Art. 93 of the Law on the contract system. The list of cases is closed; as of 2019, there are 55 grounds.

Examples include:

• purchasing services from monopoly companies;
• "direct" contracts;
• emergency response;
• purchasing medicines;
• recognition of competitive procedures as invalid.

Methods for determining a supplier according to 223-FZ

In this case, the customer has the right to establish in the regulations other methods of selecting a contractor. Examples could be (raising auction), multi-lot auctions and others. At the same time, the customer prescribes all the conditions for carrying out the procedure, from the grounds to options for the development of events in the event that it is declared unsuccessful.

As for non-competitive methods, unlike 44-FZ, there is no list. Certain types of legal entities independently determine this method. The customer is limited only by competition protection regulations.

Law No. 44, adopted on 04/05. 2013, defines the main provisions of public procurement for municipal and state needs. This law came into force in 2014. The law defines the basic principles of procurement, highlighting the stimulation of innovation and the professionalism of the customer as the main principles.

The customer and the supervisory authority must work on a professional basis and have all the necessary theoretical and practical knowledge. Now, to carry out procurement, it is necessary to attract specialized workers specially trained for this. And if the amount of annual purchases exceeds 100 million rubles, then specialized units should work. If the volume of purchases does not exceed the specified amount, then it is enough to appoint an official who will perform this work - a contract manager. His responsibilities include conducting procurement, drawing up reports, arranging auctions, and so on.

Now all public procurement and stages of its implementation belong to the contract system:

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

Procurement planning is an important element of the entire process. The planning process includes the development of procurement plans according to schedules for the entire current year. They should contain detailed information about all planned purchases. Necessary changes can be made to the plans in the future, guided by the legislative framework.

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

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

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

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

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

About Federal Law No. 223

On July 18, 2011, Law No. 223 “On the procurement of goods, works, and services by certain types of legal entities” was issued. Compared to Federal Law No. 44, it is softer and does not dictate procurement rules so strictly. Thus, the provisions of the Law do not require justification for procurement, and changes can be made to the schedule at any time. In accordance with Federal Law 223, changes may also be made to an already concluded contract regarding price, purchase volumes and timing.

To begin work under Federal Law 223, an institution must adopt the Procurement Regulations and procurement plans. The position must be approved by the manager. Next, the Regulations along with the plan are posted on a specialized website, and procurement begins at the beginning of next year. Thus, the procedure here is regulated by the Regulations, and not by the Law itself.

The participant must register two personal accounts on the government procurement portal. All offices must be designed in accordance with two current Laws, Federal Law No. 44 and Federal Law No. 223.

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

Differences between Federal Law 44 and Federal Law 223

In our country, there are two existing Laws on the basis of which procurement activities are carried out in the public sphere. We show the main differences between the two regulatory legal acts schematically:

Main differences between the provisions of the Laws
Federal Law No. 44 is 10 times larger in scope. It regulates the procurement procedure in the public sphere more thoroughly. It is more suitable for beginners. This Law applies to all government procurement, regulating each stage of such processes. If the regulations are violated in any way, there will be a fine. Unscrupulous entrepreneurs are already included in the lists.	Federal Law No. 223 is small in scope and is more suitable for experienced employees, since it does not describe the entire public procurement procedure in such detail. This Law does not describe all stages of the transaction in detail. At the same time, companies should independently approve regulations that will regulate this process in detail.
Who is the customer?
Any municipal institutions and state enterprises, the financing of which comes from the state budget.	Any companies in which the share of government funding is more than 50%, budgetary institutions, monopolies, businesses performing regulated types of activities.
Who can be the supplier?
	Individuals and legal entities.
Under this Law, closed or open competitions can be held. Limited participation tenders, electronic auctions, requests for proposals and price quotations may also be held. Purchasing from one supplier is limited.	There are two mandatory methods of procurement: competition and electronic auction.
Electronic platforms
There are only five electronic trading platforms.	There are more than a hundred platforms, and customers are not limited in their choice.
Required signature on ETP
You can get by with an unqualified signature.	Depending on the ETP, you can use either a qualified or unqualified signature.
Application deadlines
All customers strictly adhere to the prescribed deadlines for each specific stage.	The deadlines are determined by the customer himself, stating them in the regulations.
Reporting system
Reports on completed procurements must be posted on the government procurement website.	Procurement reports should also be posted on a specialized website. And such reports are submitted no later than the 10th day of the month following the reporting month. The reporting includes: the total cost of contracts, agreements for all purchases, state secret data, agreements with medium and small businesses.
Contract guarantees
Regardless of the cost, the customer may require the auction winner to secure the contract. The amount may consist of 5-30% of the value of the entire contract. The method of provision can be chosen by the customer. This could be a bank guarantee or depositing money into a personal account.	According to this Law, the customer has the right to independently decide whether to require contract security or not.
Termination of the contract or amendments to its clauses
According to Federal Law No. 44, the customer cannot terminate the contract on his own or make changes to it.	According to Federal Law No. 223, any customer has the right to change the terms of the contract. Conditions such as scope of work, price and timing may be subject to change.
Appealing actions
The Law clearly defines the entire procedure for filing a complaint against the actions of the customer. The complaint must be in writing and submitted to the local FAS office. After this, the complaint must be published on the official website of public procurement, and such publication should be made no later than 2 days from the moment it was received by the authorities. The authorities must consider the complaint, analyze it and make a decision within 5 days from the date of its filing.	According to Federal Law No. 223, filing a complaint against the customer’s actions is also possible. Written complaints are also submitted to the FAS authorities. But in order to file a complaint, bidders need to look at the time limits for doing so in the contract drafted by the employer, as that is where the time limits should be defined. It should be remembered that there should be a register of complaints on the official website. And there you can check the presence or absence of a particular complaint.

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