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Today, all issues related to the placement of government orders are regulated by the Law on the Contract System - 44-FZ.

Any legal entity or individual entrepreneur can be a participant in the placement of a state order. Only those registered in offshore zones will not be allowed to purchase. The list of these zones is regularly updated by the Ministry of Finance. At the beginning of 2019, this list included 42 states.

Let's look in more detail at what options for placing an order are provided for the customer in the contract system, as well as in which he can take part.

Methods for placing orders under 44 Federal Laws

Available for budget institutions:

• competitive (for example, competition);
• non-competitive (for example, purchasing from a single supplier);
• remote (electronic auction);
• for a limited circle (closed competition)

procedures for identifying a supplier.

All these methods of choosing a winner were introduced by the law on placing orders No. 94-FZ more than 12 years ago. However, they are currently adjusted by 44-FZ.

All options for placing a government order (also known as methods for selecting a supplier) can be represented by such a diagram.

Non-competitive method of selecting a performer

Of the above methods of placing an order, only purchasing from a single supplier is a non-competitive method of selecting a contractor. Law 94-FZ allowed it in 37 cases. According to the rules in force at the beginning of 2019, there are 54 such cases.

The services of a single supplier are resorted to when purchasing goods and services from subjects of natural monopolies, works from authors of artistic works or copyright holders, and concluding contracts by order of the government or the president. The full list is presented in Art. 93 of Law 44-FZ.

Purchasing from a single supplier requires less organizational, time and material costs compared to competitive methods. Therefore, regulatory authorities ensure that customers do not abuse this opportunity.

Competitive ways to select a performer

The most common competitive procurement method is an electronic auction. This type of selection is remote (carried out on electronic platforms), is not limited in price and is carried out in accordance with Art. 59 of the Law “On the Contract System”. It is mandatory if services, works or goods listed in Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r are purchased for the needs of the state. Among them:

• food and drinks;
• tobacco products;
• textiles and clothing;
• leather and leather products;
• wood and products made from it (except furniture);
• paper and products made from it;
• petroleum products;
• coal;
• chemical products and substances.

It is also possible to place an order through a competition. This is another competitive method of supplier selection. It can be open or limited participation, or two-stage. The most common of them can be considered an open competition. Nowadays it is mandatory to establish a requirement to secure the application in the documentation. It must be accepted both in the form of a bank guarantee and in the form of real cash. In addition, compared to 94-FZ, they differ:

• minimum deadlines for submitting applications (not thirty days, but twenty);
• terms for which it is possible to extend the period for accepting proposals (at least 10 days, instead of at least 20);
• procedure for concluding a contract if one application has been submitted or remains (approval required).

When conducting a request for quotations, an important point is the initial maximum contract price (IMCP). When it exceeds half a million rubles, the customer is prohibited from choosing a supplier using this method. This rule can only be violated by customers who work in a foreign country.

As for the request for quotes, after 44-FZ came into force, the customer had the opportunity to make changes to the notice. The main limitation is that these adjustments should not be related to the procurement object. In addition, bid openings are now held publicly.

We will clearly show the features of each option for selecting a performer in the diagram.

“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, who is not a procurement participant, may file a complaint with the supervisory authority.

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

The current legislation in the field of public procurement provides for a number of procedures for the competitive identification of suppliers. However, in certain cases, the use of non-competitive methods is allowed.

The conclusion of an agreement (or contract) between the customer and the contractor has the goal of thoroughly working out the conditions under which both parties will interact in the future. He, ideally, should provide for all conceivable options 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 meet state and municipal needs” provides for three ways to terminate a contract.

According to the procedure for conducting an electronic auction provided for by law, in order 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 agreement to fulfill the terms of the government contract in accordance with the notice and auction documentation, as well as a description of the goods, works, and services. In the process of reviewing the first parts of applications, a list of participants admitted to participate in the auction is formed. After the auction is completed, the customer reviews the second parts of the bids.

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

Law No. 44-FZ establishes several different methods for competitively identifying suppliers. One of the ways to search for contractors under government contracts within the framework of this law is to request quotes.

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

An electronic auction is undoubtedly the most popular competitive procedure carried out within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Its distinctive feature is its versatility, which allows this method to be used in almost any situation.

What is contract enforcement? Ensuring contract execution is one of the most important elements of cooperation between the customer and supplier within the framework of the contract system, regulated by the provisions of 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 preventing unfair participation of suppliers in competitions 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. An application for participation in a competition can be secured by either a guarantee issued by a bank or the participant’s funds; in an electronic auction, only the participant’s money.

If you are a beginning supplier, participate in procurement under 44-FZ. He explains the rules of work to the participants in detail and tells how to choose the winner. The law is written in complex legal language. We simplified the text and this is what came out.

Who participates in procurement under 44-FZ?

Customer

State and municipal budgetary institutions

Any legal or natural person (including individual entrepreneurs) who:

• has no tax arrears, criminal record, or affiliation with customers,
• does not belong to offshore companies,
• The customer may also require that the procurement participant not be a member of the RNP.

Government customers make 15% of all purchases from small businesses and non-profit socially oriented organizations.

What does 44-FZ regulate?

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

What is not regulated by 44-FZ?

1. Procurement of services from international financial organizations.
2. Procurement of services for state protection of judges, officials, court participants and other people.
3. Purchases of precious metals and precious stones to replenish the State Fund.
4. Procurement for the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
5. Purchasing free legal assistance or defense in court.
6. Procurement of election commissions for elections and referendums.

Who adopts legal acts under 44-FZ?

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

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

Principles of the contract system

Important Definitions

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

Provider- a legal or natural person, including individual entrepreneurs, who participates in the procurement and supplies goods and services.

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

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

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

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

Unified Information System (UIS)

Currently contains

1. Information about purchases, their search,
2. Contract templates,
3. Standardization rules
4. Information on market prices for goods,
5. Register of unscrupulous suppliers.

Available from 2018

• Monitoring the compliance of information with reality,
• Submitting applications electronically,
• Procurement plans, schedules and information on their implementation.

Access to information on the EIS is free. If information about the same purchase, customer, contract, etc.

on the UIS and in another source is different, then the information on the UIS has priority.

EDI organization

Customers receive an electronic signature free of charge from the Federal Treasury. They work with it in the EIS and on the ETP. Suppliers need a signature to participate in the electronic auction. Only a non-qualified signature, which can be obtained from an accredited certification center, will do.

National regime

The national regime was introduced to give advantages to suppliers of Russian goods and goods from other Eurasian Economic Community member countries. We wrote more about it.

Procurement methods

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

Planning

During an inspection or upon a complaint from a supplier, the FAS may recognize the purchase as unfounded. Then it is adjusted or cancelled. The perpetrators are brought to administrative responsibility.

All government purchases are regulated. The quantity, price, characteristics of goods and services are established by the federal and local legislation of the Russian Federation.

For example, the head of a government organization can buy at the expense of the budget only one office chair per year, no more than a certain amount, which depends on the region. All standards are in the EIS.

Initial contract price

The initial contract price is determined by the customer depending on the procurement object and placement method. Anti-dumping measures apply to suppliers.

This means that if the final purchase price is 25% lower than the NMC, the winner will have to provide increased contract security or attach contracts.

Source: https://zakupki.kontur.ru/site/articles/1142-44-fz-1

News, amendments to Law N 44-FZ

1. It is proposed to postpone the entry into force of amendments to Law No. 44-FZ on new requirements for banks...
2. According to the draft, most of the changes will come into force on July 1, 2018. Customers need...
3. The supplier delivered the wrong product to the customer. The control body considered this...
4. Lists of works and services have been approved, for the purpose of which long-term government contracts can be concluded in 2018–2023 for...
5. This document was signed by the President of the Russian Federation on Thursday, December 21, 2017.
6. If you need to conclude a contract, for example, for energy supply, it is not necessary to do it on a special basis...
7. Starting next year, these customers will need to take into account in their procurement activities the Regulations on measures to ensure the execution of the federal...
8. The EIS technical support service in the field of procurement notifies: a number of regulatory legal acts have been adopted that are mandatory for use when purchasing medicines for medical use. By Decree of the Government of the Russian Federation dated...
9. The technical support service of the unified information system in the field of procurement (hereinafter referred to as the UIS) notifies that the Ministry of Finance of the Russian Federation, together with the Federal Treasury, in addition to letters from the Ministry of Finance of Russia, has given clarifications on...
10. On Friday, the State Duma, in the second, main reading, adopted two large-scale packages of amendments to the laws on government procurement and procurement of state-owned companies. Since 2019, all procedures used in public procurement have been transferred to electronic form, tightened and...
11. The customer is obliged to provide participants with the opportunity to receive information about the opening of envelopes with applications in...
12. The Ministry of Finance recalled that price is an essential condition of the contract. Change such...
13. The contract is concluded and paid at the price offered by the winner. This means that the customer does not...
14. According to the department, the customer does not have the right to unilaterally terminate a contract containing a condition on...
15. The control body believes that such changes are not allowed to be made by Law No. 44-FZ. Correction…
16. In order to protect banks working with the defense industry from a new wave of sanctions pressure, the authorities are considering the possibility of creating a cash settlement center in…
17. Large international pharmaceutical companies complained to the Federal Antimonopoly Service (FAS) about the practice of purchasing generics at state auctions...
18. The Deputy Head of the Federal Antimonopoly Service of Russia told representatives of Chinese companies operating in the fuel and energy sector about the possibilities of participating in government procurement and...
19. Anti-competitive agreements have spread to almost all pharmaceutical groups of drugs and to almost all...
20. The Russian Ministry of Health published the corresponding information letter on December 7, 2017...
21. On Friday, December 8, 2017, the software in the unified information system in the field of procurement was updated in part 44-FZ to version...
22. According to the Volga District AS, the customer lawfully established in the procurement documentation a requirement for...
23. The corresponding bill was approved by the Commission on Legislative Activities of the Government of the Russian Federation on December 4, 2017.
24. From January 1, new principles for the classification of drugs will come into force in Russia, which will determine the list of interchangeable drugs. Russian human rights activists sent...
25. The Department believes that concluding a contract with a single supplier under clause 6, part 1, art. 93 of Law No. 44-FZ in this situation...
26. The Government of the Russian Federation has temporarily suspended the need to enter into the register of contracts concluded by customers for...
27. By the time the submission of applications for participation in the electronic auction of the Ministry of Telecom and Mass Communications for the right to conclude a government contract for…
28. A draft federal law developed by the Legislative Assembly of the Chelyabinsk Region, designed to take into account…
29. The Ministry of Finance turned to First Deputy Prime Minister Igor Shuvalov with a request to instruct the Ministry of Economy and the Federal Antimonopoly Service to extend agreements with sites for placing government orders.

Source: http://zakupki-portal.ru/novosti/

Government procurement under 44-FZ: what you need to know about open competition

An open competition is attractive for suppliers because the winner is assessed not only by the contract price, but also by other criteria: qualifications, experience, product quality, etc.

In practice, winners are often those who offer not the lowest price, but who are ahead of competitors in other respects. Our article describes what rules the federal law of 04/05/13 No. 44-FZ “On the contract system in the field of procurement of goods, works, services for state and municipal needs” established for holding an open competition and how participants’ applications are evaluated.

The first condition is that the procurement object is not included in the list of goods, works and services for which an auction must be held.

The second condition is that the object of purchase is not technically complex, innovative, high-tech or other specialized goods. The third condition is that the procurement object does not constitute a state secret.

How long does an open competition last?

In total, the open auction lasts on average from one to one and a half months. The entire procedure can be divided into several stages (see table). The procedure begins with the publication of procurement information in the UIS (unified information system).

Open competition stages

Open competition stage.Dates and actions of participants

What information should be included in the notice of an open tender?

The notice and procurement documentation that the customer places in the Unified Information System must contain the following information:

• information about the customer, contract terms, procurement identification code, amount of application security and contract security;
• requirements for participants and an exhaustive list of documents that they are required to provide;
• methods of obtaining documents (postal or courier delivery, e-mail), timing, place and procedure for their provision;
• place, date and time of opening of envelopes with applications;
• benefits provided for certain categories of participants (for example, for small businesses, organizations of disabled people, etc.);
• prohibitions and restrictions on the admission of goods;
• account details for transferring security payments.

What changes can the customer make to the terms of purchase?

The customer has the right to repeatedly make changes to the terms of purchase. The main thing is that the last change must be made no later than five days before the application deadline.

You can change everything except the object of purchase and the amount of the security deposit. However, the last restriction only applies if the payment increases.

As for reduction, it is not forbidden.

Each change increases the application deadline. It happens like this: on the day when changes are made, the customer places updates in the UIS and indicates new deadlines for submitting applications. There must be at least ten working days from the date of publication of changes to the deadline for submitting applications.

How to prepare and submit an application for participation

A number of documents must be attached to the application. These include an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, copies of constituent documents, a declaration of conformity, etc.

We would like to add that it is best to apply as early as possible.

The fact is that among the participants who scored the same number of points during the assessment (we will talk about the awarding of points below), the commission will give preference to the one who submitted the application earlier.

What criteria does the customer use to evaluate applications?

Unlike most other procurement methods, in an open competition the customer has the opportunity to choose the winner based not only on price, but also on other criteria. The rules for evaluating applications were approved by Decree of the Government of the Russian Federation dated November 28, 2013 No. 1085 (hereinafter referred to as the Rules for Evaluation).

The main criteria by which applications are assessed are:

1. contract price;
2. properties or quality characteristics of the product;
3. quality of work, services or qualifications of the participant;
4. costs of operating the product;
5. product maintenance costs;
6. any other reasonable criteria to evaluate the application.

The customer must use at least two criteria, one of which must be the contract price. In the procurement documentation, the customer lists the criteria and indicates the significance of each criterion.

At the same time, the minimum possible significance of cost criteria and the maximum possible significance of non-cost criteria are given in the Evaluation Rules. The total significance of all criteria should be 100%.

By assessing each application according to one or another criterion, the customer determines its rating, that is, assigns a score based on the significance of this criterion.

The rating in points is calculated according to the formulas given in the Evaluation Rules.

In particular, the assessment according to the contract price criterion is determined as follows: the lowest of the prices offered by all participants is taken and divided by the price offered by this participant. The resulting value is multiplied by 100.

Next, the score is adjusted based on the significance of the criterion. If the significance is, for example, 10%, then the score must be multiplied by 0.1, if the significance is 20%, then the score must be multiplied by 0.2, etc.

Terms of the contract

The contract with the winner is concluded no earlier than ten days and no later than twenty days from the date of publication of the final protocol in the unified information system (UIS). Please note: to work in the Unified Information System, as well as to participate in certain types of trading, a special electronic signature is required.

A mandatory condition for concluding a contract is the payment by the winner to secure the contract.

In what cases is an open competition declared invalid?

An open competition is considered invalid in two cases. The first case is when no bids have been submitted to the auction. Then the customer must hold a repeat tender, and if there are no bids again, they conduct another type of tender - a request for quotations (proposals).

The second case was when there was only one participant in the competition, whose application met all the requirements. In such a situation, the competition is declared invalid, and another method is used instead - purchasing from a single supplier.

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