The notice of the competition is placed in the EIS. Requirements for participants of the open competition. Provision of tender documentation at the request of an interested person

A tender is a procurement method in which information is disclosed to a wide range of people, since a notice of a tender is posted in the EIS in the public domain. There are uniform requirements that a participant must meet. In the law on contract system the following types of competitive procedures are distinguished:

open,
closed,
with limited participation
two-stage.

For all procedures, except for the closed one, you need to prepare and place in the Unified information system(EIS) notification of the competition in electronic form. A notice of a closed tender is not required to be issued, since in closed competition information is provided only to certain potential participants who meet the requirements of 44-FZ.

There is also a re-competition. It is held if there are no participants. First, according to part 3 of Art. 55.1 44-FZ for 10 days extend the deadline for accepting applications of the first procedure due to the absence of participants or their rejection. If the situation has not changed, and the participants did not come to the tender or their applications do not meet the requirements of the documentation, then the customer places a notice of a repeated tender or conducts a purchase in the form of a request for proposals. This is indicated in Part 4 of Art. 55.1 of the law on the contract system.

Article 54.2 of the Federal Law No. 44 establishes a complete and closed list of information that is included in the notice of the procurement. We collected them in a table.

Intelligence	The content of the notice under Art. 42, part 3 of Art. 54.2 of Law No. 44-FZ
About the state customer or special organization	title; where is located, address for correspondence; e-mail, contacts; responsible executive customer or special organization.
About purchase	form of determining the winner; time, place and how to apply. Provide that the participant submits one application. Indicate that the proposal is submitted from the moment when the notice was published in the EIS until the moment when the deadline for acceptance expires under parts 8, 9 of Art. 54.4 44-FZ; date and time of the deadline for filing applications, consideration and evaluation of the 1st and 2nd parts of applications; the date of submission of the final proposals for the contract price (the initial sum of unit prices); website of the electronic platform; the amount of security for applications and the procedure for depositing money and requirements for a bank guarantee.
About the subject of the tender and the terms of the contract	name and description of the object of procurement under Art. 33 44-FZ; a summary of the provisions of the government contract, for example, on the quantity, place and periods of delivery; the size and procedure for sending the security for the performance of the contract; information about the provision of warranty obligations. They are prescribed under Part 1 of Art. 96 and part 4 of Art. 33 44-FZ; data on banking support of the state contract; NMCC and source of funding.
Other	about restrictions. For example, only SMP, SONKO can participate in the purchase; on the benefits provided to institutions of the penal system and organizations of the disabled under Art. 28 and 29 of the law on the contract system; on the operation of the national regime within the framework of Art. 14 44-FZ.

44-FZ allows the customer to edit the notice. Changes are made no later than five days before the end of the time for taking part in such a tender. Such a decision must be posted in the EIS within one day from the date of its adoption. This is indicated in Part 6 of Art. 54.3, part 4 of Art. 54.2 44-FZ.

It is necessary to extend the deadline for accepting applications after adjustments by at least 10 working days from the date of posting changes in the EIS.

Access to the notice

The law allows the customer to publish notices in various types of media, provided that the notice is posted in the EIS. Information about the electronic procedure must be published in the EIS 15 working days before the date of opening access to electronic applications.

The legislation on the contract system is based on the principle of openness and transparency of the procedures, which implies the provision of free and free access to information about the auction. Therefore, an example of a notice for a tender under 44 Federal Laws can be found in the EIS on the General Information tab.

This is how an example of a notice of an open tender in printed form looks like.

Dear visitor! This page of the website contains detailed information on the schemes, timing and sequence of individual procurement for state and municipal needs according to FZ-44. To study the scheme and timing of the individual events within the framework of one or another method of procurement, follow the appropriate link:

New!!! The regulations have been updated, errors have been corrected, clarifications and additions have been made, brought into line with the changes made to Federal Law 44 as of 09/15/2015

The page is under construction. Therefore, some procurement methods are not yet formalized or are not available.

If you are interested in presentations on the content of individual sections of FZ-44, follow the link Read presentations

Author-developer of materials Chekmarev O.P. Contact>>>

Open competition

Table 1. Sequence and timing of events during an open tender

№	Events	Timing	Note
1			Art. 21 h.14
2			Art.49 part 1
3			Art. 49 h.4 Art. 50 p.6
4			Art. 49 h.4 Art. 50 p.6
5			Art. 50 h.4
6			Art. 50 hours 7-8
7			Art. 52 h.1
7.1			Art. 52 h.3
7.2			Art. 52 h.6
8			Art. 52 hours 6, 7
9			Art. 52 h.7
10		cannot exceed 20 days. from the date of opening the envelopes (fixed by the protocol)	Art. 53 h.1
11	Extension of the term for consideration of applications (if necessary, for procurement in the field of science, culture or art)	no more than 10 business days. At the same time, within 1 working days from the adoption of such a decision, it is necessary to notify the procurement participants and place such a notice in the EIS	Art. 53 h.1
12			Art. 53 h.12
13			Art. 53 h.12
14	Return of the security of applications for participation in the competition, except for the winner and the only participant for which a positive decision was made on the compliance of the application		Art. 44 h.6
15			Art. 53 h.13
16	Storage of competition materials (competition documentation, applications, protocols, audio recordings, etc.)	three years	Art. 53 h.15
17			Art. 54 h.2
18			Art. 54 h.3

18.1			Art. 54 hours 3-4
18.2	The right to apply to the court with a claim for compensation for losses caused by evading the conclusion of a contract in the part not covered by the amount of the security of the application for participation in the competition, and to conclude a contract with the participant in the competition, whose application for participation in the competition was assigned the second number.	from the 11th day from the date of placement in the EIS of the protocol for the consideration and evaluation of applications for participation in the competition in the absence of a signed contract and documents on its provision	Art. 54 hours 3-4	18.3	within a period not exceeding 10 days. from the date of recognition of the winner of the competition as having evaded the conclusion of the contract.	Art. 54 h.5
18.4	when following clause 18.2. Sending documents to the Federal Antimonopoly Service for the winner who evaded signing the contract.	within three working days from the date of conclusion of the contract with the "second number"	Art. 104 h.4
18.5		after receiving a refusal from the conclusion of a contract by the second-ranked participant in the evaluation of applications or the absence of a contract signed by him with the customer, formally, within 10 days. from the placement of the protocol of consideration and evaluation of the application in the EIS Attention! Legislative conflict on terms	Art. 54 h.3, h. 5-6

19			Art. 54 h.7
Cases of impeding the conclusion of a contract
19.1			Art. 54 h.9
19.2			Art. 54 h.9
19.3			Art. 54 h.9
19.4			Art. 96 h.9

20			Art. 44 h.6
21			Art. 94
22			Art. 96 h.7 Art. 34 hours 27
23		The report is placed by the customer in unified system within 7 working days from the date of: - payment by the customer of obligations and signing by the customer of the document on acceptance of the results of the execution of the contract or on acceptance; - termination of the contract, that is, from the day determined by the agreement of the parties, the day the court decision comes into force or the day the decision of the PPI or the customer on the unilateral refusal to execute the contract comes into force.	Art. 94 part 9 + R. I part 3 Regulations on the preparation and placement of the report ... Post. Right. 1093 dated 11/28/2013

Limited Entry Competition

Table 2. - Sequence and timing of competitions with limited participation

№	Events	Timing	Notes
1	Last changes in the schedule for the planned purchase	not later than 10 days. before the day of posting the notification in the EIS	Art. 21 h.14
2	Placement of a notice, tender documentation and a draft contract in the EIS	at least 20 days until the day of opening the envelopes or opening access	Art.49 part 1
3	Decision to change notice and documentation	no later than five days before the closing date for applications	Art. 49 h.4 Art. 50 p.6
4	Posting a decision on changes in the EIS	1 day from the date of the decision to change and not less than 10 business days. before the new deadline for applications with the possibility of a corresponding extension of this deadline	Art. 49 h.4 Art. 50 p.6
5	Provision of tender documentation at the request of interested parties.	after posting and within 2 working days. from the date of receipt of the relevant application from the interested person	Art. 50 h.4
6	Response to a request for clarification of the provisions of the competition from the participant	within 2 business days. from the date of receipt of the relevant request, within 1 business day. from the date of sending the explanation to the participant, it is posted in the EIS	Art. 50 hours 7-8
7	Opening envelopes with applications and opening access to them	after the deadline and at the time specified in the tender documentation as the deadline for submitting applications for participation in the tender. All envelopes must be opened on the same day.	Art. 52 h.1
7.1	Announcement by the tender committee to the participants of the tender who are present at the opening of such envelopes and (or) opening of the specified access, about the possibility of filing applications for participation in an open tender, changing or withdrawing applications for participation in an open tender before opening such envelopes and (or) opening of the specified access .	immediately before opening the envelopes and / or opening access.	Art. 52 h.3
7.2	Public announcement of information in accordance with Part 6 of Art. 52.	directly when opening envelopes and / or opening access.	Art. 52 h.6
8	Registration and signing by the members of the commission of the protocol for opening envelopes, incl. when the competition is declared invalid due to the lack of applications or the submission of only one application	immediately after the announcement of the information at the opening	Art. 52 hours 6, 7
9	Placement of the autopsy protocol in the EIS	no later than 1 business day. following the date of signing the protocol	Art. 52 h.7
10	Carrying out pre-qualification selection	within no more than 10 business days. from the date of opening the envelopes with applications	Art. 56 hours 7
11	Placement in the EIS of the protocol of prequalification	within 3 working days. from the date of summarizing the results of prequalification	Art. 56 hours 8
12	Appealing the results of the prequalification selection in counter. organ	no later than 10 days later. from the date of placement in the EIS of the prequalification protocol. selection	Art. 56 h.8
13	Deadline for consideration and evaluation of applications for participation in the competition	within 10 days. from the date of summarizing the results of prequalification	Art. 56 h.10
14	Extension of the period for consideration of applications (if necessary)	no more than 10 business days. At the same time, within 1 working days from the adoption of such a decision, it is necessary to notify the procurement participants and place such a notice in the EIS	Art. 53 h.1
15	Placement of the protocol for the consideration and evaluation of applications, the protocol for the consideration of a single application	no later than the working day following the date of signing of the said protocols	Art. 53 h.12
16	Sending the minutes of consideration of applications or consideration of a single application with a draft contract to the winner	within 3 business days. from the date of signing the protocol	Art. 53 h.12
17	Return of the security of applications for participation in the competition	no more than 5 business days. from the moment the right to return arises (termination of participation)	Art. 44 h.6
18	Answers to participants' requests for clarification of the results of the competition	from the placement of the protocol within 2 working days. from the date of receipt of this request (response in writing)	Art. 53 h.13
19	Storage of competition materials (applications, protocols, audio recordings, etc.)	three years	Art. 53 h.15
20	Conclusion of a contract with the winner	not earlier than 10 days later. and no later than 20 days. from the date of placement in the EIS of the protocol for the consideration and evaluation of applications	Art. 54 h.2
21	Signing and submission by the winner to the customer of the contract along with documents on its provision	within ten days from the date of placement in the EIS of the protocol for the consideration and evaluation of applications for participation in the competition	Art. 54 h.3

21.1	Recognition of the winner as having evaded the conclusion of the contract	from the 11th day from the date of placement in the EIS of the protocol for the consideration and evaluation of applications for participation in the competition in the absence of a signed contract and documents on its provision	Art. 54 hours 3-4
21.2	Sending a draft contract to the participant with the second number of the evaluation rating, if he agrees to conclude a contract	within a period not exceeding 10 days. from the date of recognition of the winner of the tender as having evaded the conclusion of the contract	Art. 54 h.5
21.3	Recognition of the competition as invalid due to the refusal to conclude the contract of the "second number"	after receiving the refusal of the second in the rating of the evaluation of the participant's applications from concluding a contract or the absence of a contract signed by him to the customer formally for more than 10 days. from the placement of the protocol of consideration and evaluation of the application in the EIS	Art. 54 h.3, h. 5-6

22	Signing of the contract by the customer and transfer of the 1st copy. supplier's representative or sending it by mail	within 10 days. from the date of receipt of the signed contract and documents on its provision from the winner (or "second number")	Art. 54 h.7

22.1	Notification of the counterparty about the presence of obstacles to the conclusion of the contract	within one day from the adoption of a court decision or the occurrence of a force majeure situation	Art. 54 h.9
22.2	Suspension of the terms of the conclusion of the contract under clause 19.1	for the period of execution of judicial acts or the duration of the circumstances (clause 19.1), but not more than 30 days.	Art. 54 h.9
22.3	Notification of the counterparty about the termination of the circumstances of clause 19.1	no later than the day following the day of cancellation, amendment or execution of such judicial acts or the termination of such circumstances	Art. 54 h.9
22.4	Return of the security of the application for participation and recognition of the competition as invalid	if the circumstances of clause 19.1 are valid for more than thirty days, the return of the security is carried out within no more than 5 working days. days	Art. 96 h.9

23	Return of the tender application security to the winner	no more than 5 working days from the date of conclusion of the contract	Art. 44 h.6
24	Acceptance of the results of a separate stage of execution, as well as the delivered goods, work, services	In accordance with and in the manner specified by the contract	Art. 94
25	Return of the contract security (its part)	As the supplier fulfills his obligations, he has the right to provide a smaller security in return for the previous one. The return is provided for within the time limits stipulated by the contract.	Art. 96 h.7 Art. 34 hours 27
26	Placing a report on the execution of the contract in the EIS

Features of the procedure and timing of the repeated tender

Table 3-1. Cases of re-tendering

Table 3-2. The procedure for holding a repeated competition

№	Events	Timing	Note
1	Changes in the schedule for the re-tender (only terms and initial maximum contract price (increase no more than 10%))	not later than 10 days. before the day of posting the notification in the EIS	Art. 21 h.14; Art. 55 hours 2.3
2	Placement of a notice, tender documentation and a draft contract in the EIS	at least 10 days until the day of opening the envelopes or opening access	Art.55 part 3
3	Further procedure according to the table. 1 or 2 depending on the type of competition		Art.55 part 3
4	When re-tendering is declared invalid due to the cases of its appointment (Table 3.1), changes are made to the payment schedule and a request for proposals is held or another acceptable method of procurement is used	Deadlines are standard for requests for proposals or other acceptable procurement methods	Art.55 part 4

Features of the procedure and terms for concluding a contract in the event that, according to the results of the tender, there is only one application that meets its conditions

Table 3-3. The procedure for agreeing on the possibility of concluding a contract with a single supplier based on the results of an open tender

№	Events	Timing	Note
1	Placement of the protocol of consideration of a single application (see paragraph 12 of Table 1)	no later than the business day following the date of signing the said protocol	Art. 53 h.12
2	The customer's request for approval of the conclusion of a contract with a single supplier is sent to the control body in the field of procurement	no later than within ten days from the date of placement in the EIS of the protocol containing information on the recognition of the definition of the supplier (contractor, performer) as invalid. In fact, if only one application was initially submitted, then this period is considered from the moment the envelopes are opened (see Table 1)	Art. 93 part 1 item 25
3	Return of the appeal to the customer in case of non-compliance with the requirements	no more than 5 working days from the date of receipt of the application	part 6 of the PROCEDURE FOR APPROVAL OF CONCLUSION OF A CONTRACT WITH A SINGLE SUPPLIER. Order of the Ministry of Economic Development No. 189 dated 31.03.15
4	Application approval time	should not be more than ten working days from the date of receipt of the said request	Art. 93 part 1 item 25
5	Term of concluding a contract with a single supplier	within a period of not more than twenty days from the date of receipt by the customer of such approval	Art. 93 part 1 item 25

Electronic auction

Table 4. Electronic auction

№	Events	Timing	Note
1	Recent changes in the procurement schedule	not later than 10 days. before the day of posting the notification in the EIS	Art. 21 h.14
2	Placement of a notice, tender documentation and a draft contract in the EIS	NMTsK≤3mln. rub. - not less than 7 days. before the deadline for filing applications NMTsK> 3 mln. rub. - not less than 15 days. before the closing date for applications	Art.63 part 2-3
3	Decision to change notice and documentation	not later than 2 days. before the deadline for applications	Art. 63 h.6
4	Posting a decision on changes in the EIS	1 day from the date of the decision to change and not less than 7 and 15 days. (according to paragraph 2) before the deadline for filing applications with a corresponding extension of the deadline	Art. 63 h.6
5	Request for a procurement participant accredited to electronic platform, on giving clarifications on the auction documentation and transferring it by the operator to the customer	Request - from the moment the notice is posted and no later than 3 days. before the closing date for applications. The transfer of the request by the operator to the customer - within one hour after receipt.	Art. 65 hours 3-4
6	Response to a request for clarification of the provisions of the competition from the participant	within 2 days. from the date of receipt of the request from the operator, the explanation is placed by the customer in the EIS	Art. 65 h.4
7	The response of the operator about the acceptance of the application or refusal to do so and blocking the means of support	One hour from the moment the operator receives the application of the procurement participant	Art. 66 h.9,11 Art. 44 hours 18-19
8	Withdrawal of applications by participants	no later than the deadline for submission of applications for participation	Art. 66 h.14
9	Receipt by the customer of the first parts of applications from the operator e-mail. sites	not later than the business day following the deadline for submitting applications for participation in e-mail. auction	Art. 66 h.13

9.1	Recognition of the auction as invalid (decision of the auction commission with the protocol)	According to paragraph 9, only one application has been submitted or no applications have been submitted	Art. 66 h.16

10	Consideration of the first parts of applications	cannot exceed 7 days. from the date of the deadline for submission of said applications	Art. 67 h.2
11	Registration of the protocol for consideration of applications for participation		Art. 67 h.6
12	Placement of the protocol for considering applications in the EIS and sending it to the email operator. sites	not later than the deadline for consideration of these applications	Art. 67 h.7

12.1	Declaring the auction invalid	deadline for drawing up the protocol, if no participant or only one participant is admitted to the auction	Art. 67 h.9

13	Direction by the operator of a notice of the customer's decision to each participant	within one hour from the moment the operator of the electronic platform receives the protocol from the customer	Art. 67 h.9
14	Termination of blocking by the operator Money- providing applications for participation in the auction	no more than 1 working day. from the moment the right to return arises (termination of participation)	Art. 44 h.6
15	Conducting an electronic auction	business day following the expiration of 2 days. from the deadline for consideration of the first parts of applications for participation in such an auction (the day of the auction must be indicated in the notice of the auction) The start time of the auction is set by the email operator. sites according to the time zone in which the customer is located.	Art. 68 hours 3-2
16	Time of acceptance of proposals of participants of such an auction on the price of the contract	10 minutes from the beginning of the auction or the last offer, if there are no offers, the auction is considered automatically completed	Art. 68 h.11
17	Submission of the "last offer" by the participants	10 minutes from the end of the auction	Art. 68 h.12
18	Placement by the operator of the protocol for conducting e-mail. auction by email site	within 30 min. after the end of the auction	Art. 68 h.18
19	Direction of the minutes of the auction and the second parts of the applications by the operator to the customer, as well as notifications to participants	within one hour after the protocol is posted on the electronic platform	Art. 68 h.19

19.1		If no proposals are submitted within 10 minutes Within 30 minutes. after the end of the specified time, the operator of the electronic site places on it a protocol on recognizing such an auction as invalid	Art. 68 hours 20

20	Request for clarification from the participants to the operator	From the moment the protocol of the auction was posted	Art. 68 h.21
21	Operator's response to a request	within 2 working days. from the date of receipt of this request	Art. 68 h.21
22	Deadline for consideration of the second parts of applications for participation in the electronic auction	no more than 3 working days. from the date of posting on the electronic platform of the protocol, if there is a shortage of selected applications, additional applications (if any) are provided by the operator upon request within one hour	Art. 69 h.5
23	Minutes of summing up the results of the auction and its placement	is compiled by the customer and no later than the working day following the date of signing of the specified protocol, posted by the customer on the electronic platform and in the unified information system	Art. 69 h.8

23.1	Recognition of the auction as invalid	According to the results of the work of the auction commission, none of the second part of the application is recognized as meeting the requirements or only one is recognized as meeting them.	Art. 69 h.13

24	Direction by the operator of notifications to participants about the decisions taken under the protocol	within one hour from the moment of posting on the electronic site and in the unified information system of the protocol of summing up	Art. 69 h.12
25	Placement by the customer in the EIS of a completed (but not signed) draft contract	within five days from the date of posting the final protocol in the EIS	Art. 70 h.2
26	Placement by the winner of the signed contract and confirmation of the deposit of security in the EIS	within five days from the date of placement by the customer in the EIS of the draft contract	Art. 70 h.3

26.1	Placement of the protocol of disagreements by the winner	1. within five days from the date of placement by the customer in the EIS of the draft contract. 2. no more than thirteen days from the date of placement in the EIS of the final protocol of the auction (clause 23)	Art. 70 hours 4-5 hours 13
26.2	Consideration of disagreements by the Customer and placement in the EIS of a new draft contract and clarifications	within three working days from the date of placement by the winner in the EIS of the protocol of disagreements	Art. 70 h.5
26.3	Placement in the UIS of the contract signed by the winner	within three working days from the date of placement by the customer of a new project and explanatory documents	Art. 70 h.6

27	Signing the contract by the customer and placing it in the EIS	within 3 working days from the date of placement in the unified information system of the draft contract, signed with an enhanced electronic signature of a person authorized by the supplier and the provision of security.	Art. 70 h.7

27.1	Notification of the counterparty about the presence of obstacles to the conclusion of the contract	within one day from the adoption of a court decision or the occurrence of a force majeure situation	Art. 70 h.16
27.2	Suspension of the terms of the conclusion of the contract under clause 27.1	for the period of execution of judicial acts or the duration of the circumstances (clause 27.1), but not more than 30 days.	Art. 70 h.16
27.3	Notification of the counterparty about the termination of the circumstances of clause 27.1	no later than the day following the day of cancellation, amendment or execution of such judicial acts or the termination of such circumstances	Art. 70 h.16

28	Conclusion of a contract	From the moment of signing and placing the contract under clause 27, the contract is considered concluded Important!!! The contract is concluded not earlier than 10 days. since the posting of the final protocol	Art. 70 hours 8-9

28.1	Recognition of the winner as having evaded the conclusion of the contract	within five days from the placement by the customer of the draft contract, the contract signed by the supplier is not posted in the EIS or the contract is signed, but anti-dumping requirements are not met (Article 37 of Federal Law 44), or within 13 days. from the date of placement of the final protocol, the protocol of disagreements has not been posted	Art. 70 h.13
28.2	The right to apply to the court for compensation for losses in connection with the evasion of imprisonment. Sending a draft contract to a participant with the “second rating number” of participants, if he agrees to conclude a contract	within a period not exceeding 10 days. from the date of recognition of the winner of the competition as having evaded the conclusion of the contract (the remaining terms are the same as for the winner)	Art. 70 hours 14
28.3	If, according to clause 28.2, the second number refused to conclude a contract. Recognition of the auction as invalid due to the refusal to conclude the contract of the "second number"	after receiving the refusal of the second-ranked participant to conclude a contract or the absence of a contract signed by him within the appropriate time frame	Art. 70 h.15

29	Return of the bid security to the winner	after the conclusion of the contract within no more than one working day	Art. 44 h.6
30	Acceptance of the results of a separate stage of execution, as well as the delivered goods, work, services	In accordance with and in the manner specified by the contract	Art. 94
31	Return of the contract security (its part)	As the supplier fulfills his obligations, he has the right to provide a smaller security in return for the previous one. The return is provided for within the time limits stipulated by the contract.	Art. 96 h.7 Art. 34 hours 27
32	Placing a report on the execution of the contract in the EIS	The report is posted by the customer in a single system within 7 working days from the date of: - payment by the customer of obligations and signing by the customer of the document on acceptance of the results of the execution of the contract or on acceptance; - termination of the contract, that is, from the day determined by the agreement of the parties, the day the court decision comes into force or the day the decision of the PPI or the customer on the unilateral refusal to execute the contract comes into force.	Art. 94 part 9 + R. I part 3 Regulations on the preparation and placement of the report ... Post. Right. 1093 dated 11/28/2013

Actions when an electronic auction is declared invalid

Table 5. Case "only one application submitted"

№	Events	Timing	Note
1	Direction by the operator to the customer of both parts of applications		Art. 71 part 1 item 1
2	Direction by the operator of a notification to a single participant	no later than the business day following the deadline for filing applications for participation in such an auction	Art. 71 h.1 p.2
3	Consideration of a single application by the auction commission. Drawing up by the customer and sending to the operator the protocol of consideration of a single application	within three working days from the date of receipt of the only application for participation in the auction and other documents from the operator	Art. 71 part 1 item 3
4	Coordination with the FAS or relevant regional authorities	not required since 2015	Art. 93 part 1 item 25
5	The procedure and terms for concluding a contract	similar to the conclusion of a contract with the winner (see paragraph 23 of Table 4)	Art. 71 part 1 item 4 Art. 70

Open competition- this is a competitive method of procurement, in which a notice of procurement and tender documentation are posted in the EIS. Thus, the customer informs a wide range of people about the purchase and imposes uniform requirements on the participants in the purchase.

An open tender is considered a priority method for determining a supplier under Law No. 44-FZ. The customer may conduct purchases by open tender, if they are not an exception to general rule, which is contained in part 2 of article 48 of Law No. 44-FZ.

Open competition cannot be held:

Firstly, if the object of procurement is in the auction list of the order dated March 21, 2016 No. 471-r. In this case, the purchase should be carried out only electronic auction.
Secondly, when it is necessary to purchase technically complex, innovative, high-tech or specialized goods, works and services, or when they plan to conclude a contract for the preservation of cultural and historical monuments, the restoration of rare and valuable documents, museum exhibits. For such purchases, it is necessary to choose a tender with limited participation.
Thirdly, if the purpose for which the purchase is made and information about the product is a state secret, or if it is necessary to conclude a contract for holding an exhibition, when services are required for insurance, transportation and protection of valuables, including cultural and historical ones. These grounds require closed supplier determination procedures.

In other cases, the customer may hold an open tender. At the same time, it should be remembered that Law No. 44-FZ contains rules on the right of the customer in one case or another to conduct, for example, a request for quotations, a request for proposals or a purchase from sole supplier. So, for example, a list of cases when the customer has the right to determine the supplier in a non-competitive way, contains part 1 of article 93 of Law No. 44-FZ. You may exercise such rights.

Advantages and disadvantages of open competition

If for an electronic auction the low price factor will be decisive and determining, then in an open tender, more importance is attached not to the price of the purchased, but to the qualifications of the procurement participants and quality characteristics.

If we speak about the benefits this method of procurement, in addition to qualifications and quality, it should be noted that some procurement functions can be transferred to a specialized organization. It is also important that the competition is not held on an electronic platform, like an auction, which means that technical failures on the electronic trading platform will bypass it. An open tender as a procurement method imposes a higher responsibility on the customer (compared to the same electronic auction) for the procedure.

talking about shortcomings open tender, we note the main disadvantages - this is a complex and multi-stage procedure and, as a result, a high probability of errors by the customer and the tender committee.

The government approved the Rules for evaluating bids and final bids of procurement participants in the Decree of November 28, 2013 No. 1085. According to this document, the best bids in procurement are identified and the criteria by which bids are evaluated are used. The appendix to the resolution contains limits for the minimum and maximum significance of the criteria, be guided by them when evaluating applications.

Cost Criteria- this is, first of all, the price of the contract, or, for example, the costs associated with the operation of the goods.

Non-value- such characteristics of the procurement object as quality and functionality.

Notice of an open tender

First of all, make a purchase in the procurement plan, provide for it in the schedule and justify it.

In order to identify a supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

Contents of the notice of open tender

What should such notice contain? The most important thing is that you indicate in it:

Terms of the contract, quantitative and other characteristics of the procurement object;
NMCC;
Where, when and how can I get tender documentation;
How to apply for participation in the competition and what documents the participant must provide;
When will the submission of applications close?
Where and when will you print the envelopes with applications (open access to electronic applications);
Where to submit the security of the application for participation;
What legislative prohibitions and restrictions for participants exist specifically for this purchase;
What priorities and preferences have been set for this purchase.

Making changes to the notice of purchase

Law No. 44-FZ allows you to change the notice of an open tender. But in no case should you change the object of procurement itself and increase the security of bids in size.

It is allowed to make changes to the notification no later than 5 days before the deadline for submitting applications for participation. You have one day to make these changes to the notice posted in the EIS after you decide to do so.

Please note that between the day when the changes were made and the day when the submission of applications ends, there must be a time interval - at least 10 working days. Therefore, extend it if necessary. When you make changes to the notice for a specific lot, extend the deadline for submitting applications only for this lot.

Placement of tender documentation in the EIS

At the same time, place the tender documentation and the draft contract in the EIS (but not before posting the notice). The tender documentation must contain the same information, plus be sure to include in it:

Name and description of what you are purchasing, with the justification of the NMCC
The currency in which you calculate the price of the contract, and which you will settle with the winner. If the currency is foreign, then with the exchange rate of the Bank of Russia for it in relation to the ruble
Your requirements for what the application should contain, how to be executed and what to include. Do not forget about the instructions for filling it out. Remember that you should not demand anything from bidders that in one way or another may limit their participation in the procurement.
Information about what and how you can change in the terms of the contract
The procedure and terms for clarification of the tender documentation
Information on how and by what criteria, with what significance, you will evaluate applications for participation
Learn how and when you can withdraw and make changes to tickets
The amount of the application security and the terms of the bank guarantee. Keep in mind that bank guarantee must be valid longer than the contract is valid for at least one month;
Information about the possibility to refuse to execute the contract unilaterally.

Document all requirements for the object of purchase in terms of reference. It is impossible to demand from the participants of an open tender that which Law No. 44-FZ did not provide for. In particular, it is prohibited to make demands on business reputation or work experience of the participant, or set requirements for the availability of financial, labor, production resources.

Please note that you are required to provide tender documentation at the written request of the bidder. You have two days to do this after you receive such an application. You can provide it either in paper form or electronically, depending on how you provided for it in the notice of purchase. If the notice states that a fee is required for paper documentation, send the documents after payment has been confirmed.

Making changes to the tender documentation

Changes can also be made to the tender documentation. Do it the same way, no later than 5 days before the deadline for submitting applications for participation. But, as with the notification, it is unacceptable to change the object of procurement and increase the size of the application security.

After you decide to change the tender documentation, place the changes in the EIS within one day, you are given two working days to notify by registered mail or electronic documents participants about changes. And the same 10 working days in this case are required by Law No. 44-FZ in order to extend the deadline for filing applications.

Changes for specific lots, again, only apply to specific lots.

With regard to clarifications on the tender documentation, you have the right to ignore and not respond to requests received later than 5 days before the deadline for submission of applications. Within one day, as you send such an explanation to the participant, post it in the EIS, with the subject of the request and your answer, but without indicating the applicant. Your explanations should not change the essence of the tender documentation, remember this!

Acceptance of applications from open tender participants

All those interested in the procurement submit applications for participation, meeting the deadlines and observing the forms from the notice of procurement and tender documentation. The application can be in writing, and then it must be sealed in an envelope, or in electronic form, if it is provided for by the tender documentation. In a typical tender documentation, you can provide approximate form applications.

The participant's application must contain:

Its name, location for legal entities and place of residence for individuals, postal address, full name, passport and contact details. Information about the founders, members of the collegiate executive body, TIN (if any);
An extract from the Unified State Register of Legal Entities or EGRIP (you can - its notarized copy). It should be received no earlier than six months before the placement of the notice of purchase in the EIS;
A copy of the passport, other identification documents, if the participant is an individual, but not an individual entrepreneur;
If the participant is foreign person, then a certified translation into Russian of registration documents;
A copy of the decision on the appointment (election) of the head;
A power of attorney on behalf of a participant in an open tender for the relevant powers;
Documents that indicate that the participant has the right to conclude a contract. It can be the same passport for individuals, or founding documents- for legal entities;
Price offer, if the subject of the purchase is a product, then indicating its country of origin;
Declaration that the participant is not subject to the procedure of liquidation or suspension of activities, he has no debts on taxes and fees, and he is not included in the register unscrupulous suppliers. In addition, it must be confirmed that the participant has no conflict of interest with the customer, and the head, chief accountant or members of the executive body have not been held criminally liable;
If the purchase is for a small business and non-profit organizations- Declaration of belonging of the subject to these categories. For institutions of the penitentiary system or organizations of the disabled - documents or copies of documents confirming their belonging to such entities;
If the procurement is carried out within the framework of the national regime - documents that the participant complies with the established conditions, restrictions and prohibitions;
A payment order marked by a bank (or a copy certified by a bank) as the fact that the application for participation has been secured, or a bank guarantee included in the register of bank guarantees.

The customer cannot demand anything else from the participant, in addition to what Part 2 of Article 51 of Law No. 44-FZ requires. All pages of the written application must be bound and numbered. This is recommended, but not mandatory, as it will not be grounds for refusing admission to the purchase. Check the inventory of the constituent documents in it, make sure that it is sealed and signed by the procurement participant.

Register by the date and time of receipt of each envelope received on time with the application. You can not refuse to register an application in an envelope that does not contain information about the applicant.

Stop accepting applications on the day when the opening of envelopes or the opening of access to electronic applications is scheduled. Do this immediately prior to the review. All envelopes with applications for participation received late, do not open and return if there is a return postal address on the envelope. The same procedure for electronic applications that have been received late - don't give them access.

Envelopes should be opened and access to electronic applications should be opened publicly, at the time specified in the tender documentation. In this case, it is necessary to conduct an audio recording of the procedure. Participants of the open tender have the right to be present at the opening - provide them with such an opportunity. They also have the right to make audio and video recordings of the procedure, do not prevent them from doing so..

Inform the participants before opening the envelopes that they can change or withdraw their applications. Warn them that they are not allowed to submit more than two applications. If the latter happened - return such applications without consideration.

When printing the envelope, announce the details of each participant, the place, date and time of what is happening and the availability of information provided for by the tender documentation, as well as the conditions for the execution of the contract, which are indicated in the application.

Keep a record of opening envelopes and opening access to applications in electronic form. All members of the competition commission must sign it. On the next business day, post the protocol in the EIS.

1. A notice of an open tender shall be placed by the customer in the unified information system at least twenty days before the date of opening the envelopes with applications for participation in an open tender.

2. The customer is also entitled to publish a notice of an open tender in any medium mass media or post this notice on sites on the information and telecommunications network "Internet", provided that such publication or such placement is carried out along with the placement provided for in part 1 of this article.

3. In the notice of an open tender, the customer shall indicate:

1) the information provided for in this federal law;

2) requirements for participants in an open tender and an exhaustive list of documents to be submitted by participants in an open tender in accordance with Clause 1 of Part 1 of this Federal Law, as well as a requirement for participants in an open tender in accordance with Part 1.1 (if any such requirement) of this Federal Law;

3) methods of obtaining tender documentation, the term, place and procedure for providing tender documentation;

4) the fee (if it is established) charged by the customer for the provision of tender documentation, the method of implementation and the currency of payment;

5) the language or languages in which the tender documentation is provided;

6) the place, date and time of opening envelopes with applications for participation in an open tender, the date of consideration and evaluation of such applications;

9) details of the account for depositing funds as security for the bids of participants in such a tender.

4. The customer has the right to make a decision to amend the notice of an open tender not later than five days before the deadline for filing applications for participation in an open tender. Changing the object of procurement and increasing the amount of security for applications for participation in an open tender are not allowed. Within one day from the date of adoption of the said decision, such changes are placed by the customer in the manner established for placing a notice of an open tender. At the same time, the deadline for filing applications for participation in an open tender must be extended in such a way that from the date of posting such changes until the deadline for filing applications for participation in an open tender, this period is at least ten working days, or, if in the notice of holding open tender, such changes are made in relation to a specific lot, the deadline for submitting applications for participation in an open tender in relation to a specific lot must be extended.

The provisions of Article 49 of Law No. 44-FZ are used in the following articles:

Features of the competition with limited participation
5. A notice of a tender with limited participation and tender documentation, along with the information provided for in Articles 49 and 50 of this Federal Law, must contain an indication of the additional requirements for procurement participants established in accordance with Part 4 of this Article.
Features of the two-stage competition
3. When holding a two-stage tender, the provisions of this Federal Law on holding an open tender shall apply, taking into account the specifics determined by this article. Placement of a notice of a two-stage tender and tender documentation is carried out in the manner and within the time limits established by Articles 49 and 50 of this Federal Law. In the event of establishing uniform requirements and additional requirements in the course of the first stage of a two-stage tender, the provisions of Article 56 of this Federal Law regarding the conduct of pre-qualification selection shall apply to the participants of a two-stage tender, taking into account the specifics determined by this article.

2. The customer also has the right to publish a notice of an open tender in any mass media or place this notice on websites in the Internet information and telecommunications network, provided that such publication or placement is carried out along with the placement provided for in part 1 of this article.