Competitive and non-competitive ways to determine the contractor under the state and municipal contract. Methods for determining suppliers (contractors, performers) Method for determining purchases according to 44 fz

Two new required forms when filling out the procurement plan and schedule. Columns No. 8 and 9 are introduced in the accompanying form of the schedule, in which the customer includes information on the method for determining the supplier (contractor, performer) and the reasons for such a choice.

The need to substantiate is provided for by Art. 18 of the Law on the contract system (44-FZ). The bottom line is that it is necessary to show on what basis this or that procedure is chosen, and that the decision meets the requirements of the law. Authorities have been established to audit and control this function. During their verification, the purchase may be recognized as unreasonable.

Initially, the obligation to justify the chosen method of determining the supplier (contractor, performer) caused many questions among the organizers. There were no clear requirements for completing this column. Therefore, it is worth considering this issue in more detail.

Criteria for choosing a procurement method

The justification for choosing a supplier is a consequence of the correct selection of the method of carrying out the procedure.

Criteria for choosing a procurement method:

  • subject and conditions of the contract;
  • parameters for determining the winner;
  • optimal timing.

In some cases, the method is based on the requirements established in 44-FZ.

Justification of the chosen method of determining the supplier: electronic auction

A wide list of cases has been established when the customer can conduct an electronic auction. AT without fail This procedure is carried out when:

  • it is planned to order goods, works, services that are included in the government List (approved by RP dated 03/21/2016 No. 471-r);
  • only one criterion for determining the winner is established - the price of the contract.

Justification of the chosen method of determining the supplier: request for quotations

Open competition

In cases where the customer determines the winner according to the criteria of the best conditions for the execution of the contract, the order is justified as open competition.

Limited Entry Competition

Two-stage competition

At the same time, they fall into exceptions and are not consistent with the FAS procurement federal bodies executive power that draw up and implement the state policy in the field of defense, management and security, as well as state institutions and state unitary enterprises subordinate to them. The list of such bodies, institutions and enterprises must be approved by a separate Government Decree.

Electronic closed auction

In accordance with Part 2 of Art. 84.1, closed electronic procedures apply in cases that are similar to paper closed auctions. At the same time, the same article states that the government may oblige procurement in the form of closed electronic trading.

1. Determination of the supplier by holding electronic auctions

Electronic auction- this is a method of procurement in which information about the procurement is received from the customer to a selected group of persons through the publication of information on the implementation of this type of procurement and the documentation corresponding to it.

When choosing this form of procurement, participants may be presented with general and additional rules, which are provided for when participating on an electronic platform on the basis of the Federal Law of December 28, 2013 under the number 396 FZ.

During the procedure holding electronic auction participation fee can be taken only from the participant with whom the ETP operator has concluded a procurement contract.

To make it possible take part in an electronic auction To do this, the participant must have a registration on a certain ETP. If the participant does not have it, we provide . To obtain registration, the participant will need to fill out and submit an application, as well as attach a list of documents to it, in accordance with paragraph 2 of Article 61 44 of the Federal Law.

After that, the site operator issues accreditation for the ETP within 5 days, or refuse to receive it, but indicating the reason for the refusal. The participant receives registration on the ETP and its term is 3 years.

If the bidder provides security for participation in an electronic auction, then he can take part in all auctions that are planned to be held on the specified site.

One of the most important tasks for an ETP operator is to maintain a register of participants in an electronic auction. In this regard, the customer is required to publish a notice in the EIS that an electronic auction has been held. Detailed step-by-step instruction holding an electronic auction is described


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3. Justification for determining the supplier of an electronic auction

When the procedure for justifying purchases came into effect, mandatory forms were approved for the formation and execution of the procurement plan and schedule.

In the schedule accompanying form, the customer can include information about the method of choosing a supplier and justify on the basis of what arguments these decisions were made.

Justification of the method of determining the supplier Article 18 of the Law on contract system according to 44 FZ. Its essence is to justify the choice of a particular procedure, it is also necessary that this decision be in line with the law.

There are special bodies that carry out audit and control over the execution of this function. At right choice the way the procedure is carried out, the definition of the contractor is substantiated.

The main parameters on the basis of which the type of purchase is selected:

  • subject of the contract and its terms;
  • criteria by which the winner is selected;
  • optimal timing.
Be sure to justify the method of choosing a supplier:

Law 44-FZ provides for several ways to conduct public procurement. Some are more popular and used as the main ones, while others are used much less frequently. But they all have their own characteristics, nuances and limitations in use, and this must be taken into account when choosing a purchase method. In the article we will talk about the most popular procurement methods and figure out which method to choose in a particular case.

Most popular purchasing methods

As practice shows, often applicable and popular methods of procurement are:

  • electronic auction;
  • purchases from sole supplier;
  • request for quotations;
  • open competition.

In addition, they are the most transparent, competitive and beneficial for the customer. In its turn, closed methods procurement, request for proposals, a tender with limited participation or a two-stage tender are permissible only in the cases established for them, if this does not contradict Law No. 44-FZ. However, when choosing a procurement method, the customer must focus not only on the popularity and availability of a particular method, its advantages or own wishes, but also on the restrictions and requirements indicated in Law No. 44-FZ. All of these methods impose certain requirements on the customer and the terms of the contract and are used in certain cases.

Please note that administrative liability is provided for choosing an illegal procurement method.

In what cases can you choose to purchase from a single supplier?

Purchasing from a single supplier is most convenient for customers if the contract price is insignificant. The customer can purchase from a single supplier any goods, works, services in the amount of not more than 100,000 rubles. True, in paragraph 4 of part 1 of Art. 93 there are a number of conditions and they should not be ignored.

The main advantages of the procurement procedure from a single supplier:

  • it is possible to conclude a contract with a supplier known to the customer;
  • no need to divert significant resources to the procedure for concluding a contract;
  • minimal risks violations during the procurement procedure that are not dependent on the customer, for example, a technical failure on the electronic site;
  • shorter duration and simplicity of the procedure compared to competitive methods for determining the supplier.

At the same time, purchasing from a single supplier has several disadvantages:

  • high risk of claims from inspectors. due to the fact that this method of procurement is associated with wide opportunities for abuse in spending budgetary funds and risks of collusion with the supplier;
  • limited opportunities to reduce the price of the contract or provide the best conditions for its implementation due to the lack of competitive procedures for selecting a supplier.

The list of cases in which the customer can purchase from a single supplier is contained in Part 1 of Art. 93. In cases not specified in the list, the customer does not have the right to purchase goods (works, services) from a single supplier.

If the customer is not obliged to use any particular method, but procurement from a single supplier is not possible, then an open tender (Art. 48) or an electronic auction (Art. 59) is held. And in some cases, you can conduct a request for quotations (part 2 of article 72) or a request for proposals (part 2 of article 83).

Oksana Shipunova at the webinar " ” spoke about the features of purchasing from a single supplier.

Electronic auction

Maximum transparency and objectivity in the selection of the winner is the main reason for the popularity of electronic auctions.

Advantages of an electronic auction:

  • minimal risk of claims regarding the procurement procedure: acceptance and registration of bids, return of bid security, storage electronic documents, since these functions are provided by the operator electronic platform.
  • a small number of restrictions on the electronic auction. In this case, the probability of checking the correctness of the choice of the method for determining the supplier is reduced;
  • the confidentiality of participants is preserved and, therefore, the likelihood of collusion or forgery is reduced;
  • the opportunity to involve a specialized organization in the organization and conduct of an electronic auction.

However, the electronic auction has a number of disadvantages that also need to be taken into account:

  • it is impossible to assess the quality of the supplied goods (works, services), since the applications of participants are evaluated only by price;
  • longer procedure for determining the supplier compared to the request for quotations, request for proposals and purchase from a single supplier;
  • the risk of delays and violations of the procedure for conducting an electronic auction due to technical failures on the electronic site;
  • the risk of claims against the customer due to possible errors during the procedure, as it is complex and multi-stage;
  • it is impossible to allocate several lots, as is provided for during the competition and the closed auction.

The electronic auction format is used in two cases: when this method is expressly prescribed by the law, or when it is impossible to use other methods that are more convenient for the customer due to existing restrictions.

1) if the procurement of goods, works, services included in the list approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r, or in an additional list established by the supreme executive body state power subject of the Russian Federation - the customer is obliged to conduct an electronic auction.

2) the customer has the right to independently choose an electronic auction:

  • if the law does not allow the purchase of goods (works, services) from a single supplier or by request for quotations,
  • if it is not necessary to evaluate the proposals of participants in terms of the quality of goods (qualifications of participants, work experience and other non-monetary criteria).

Quote request

Request for quotations is the most convenient way for the customer to determine the supplier (contractor, performer), regardless of the type of goods, works, services, if it is necessary to quickly carry out a purchase of a small value.

The request for quotations is also carried out to provide humanitarian assistance or to eliminate the consequences of emergencies natural or man-made.

Restrictions on the request for quotations by the customer are contained in Part 2 of Art. 72. But in some cases, the restrictions imposed by paragraph 2 of Art. 72 on the size of the NMC contract can be ignored (Art. 75 and Art. 76).

The request for quotations cannot be carried out in cases where the customer is obliged to use closed methods for determining the supplier (part 1 of article 84) or by holding a tender with limited participation (article 56). There are no other restrictions on the request for quotations.

The main advantages of the request for quotation procedure are:

  • determination of the supplier is faster compared to the electronic auction and tender;
  • minimal risks of claims arising from errors during the procedure, due to its accessibility, small amount of documentation and clear regulation of the procedure;
  • minimal risks of violations beyond the control of the customer, for example, a technical failure on the electronic site;
  • the ability to use other (non-monetary) criteria to evaluate bids in addition to the contract price criterion (parts 1.4, article 32).

Request for quotes has a number of disadvantages:

  • high probability of checking for the legitimacy of choosing this method of determining the communication provider with the establishment in Part 2 of Art. 72 restrictions on the request for quotations;
  • wider area of ​​responsibility of the customer compared to by electronic means determination of the supplier (reception and registration of applications, ensuring their safety and confidentiality, storage of documents);
  • high risks of participation in the request for quotations by unscrupulous procurement participants due to the inability to establish the security of the application;
  • inability to allocate lots when making a purchase.

An article about all the nuances of this procurement procedure

Open competition

Holding an open competition allows:

  • obtain more information about potential suppliers, in particular, to find out not only the offered price, but also the qualifications of the supplier, possible guarantees, etc.
  • transfer part of the functions of conducting an open tender to a third-party organization, which helps a lot with complex purchases.

Limited Entry Competition

An open tender with limited participation is possible in specific cases:

  • When purchasing goods, works, services, the implementation of which is technologically complex due to their specific nature, and the sale of such goods, works, services can be performed exclusively by specialists with the necessary level of qualification and training (Decree of the Government of the Russian Federation of November 28, 2013 No. 1089) ;
  • When performing work:
    • To preserve cultural heritage sites;
    • For the restoration of museum collections of the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation and especially valuable and rare documents of library funds;
    • In which the contractor's (performer's) access to library, archival and museum accounting databases and security systems is required.

Two-stage competition

The customer has the right to conduct a two-stage tender, subject to two conditions:

  1. the competition is held for the conclusion:
    • contract for scientific research, design work(including architectural and construction design), experiments, surveys, for the supply of innovative and high-tech products;
    • energy service contract;
    • a contract for the creation of a work of literature or art, performance (as a result of intellectual activity);
  2. to clarify the characteristics of the procurement object, it is necessary to discuss it with the procurement participants (part 2 of article 57).

Closed competition

A closed competition is considered a rather lengthy and complicated procedure, so it is not popular.

Closed methods for determining suppliers (contractors, performers) are used only in four cases:

1. procurement of goods, works, services necessary to meet federal needs, if information about such needs constitutes a state secret;

2. procurement of goods, works, services constituting a state secret, provided that such information is contained in the procurement documentation;

3. conclusion of contracts:

  • for insurance, transportation and protection of valuables State Fund precious metals and precious stones of the Russian Federation,
  • for insurance, transportation, protection of museum items and museum collections,
  • for insurance of rare and valuable publications, manuscripts, archival documents (including their copies) of historical, artistic or other cultural significance;

4. procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs (part 2 of article 84).

Request for proposals

The main advantage of the request for proposals is more short time its holding than a competition. At the same time, an important drawback is the impossibility of canceling the conduct and making changes to the notice and documentation.

It is possible to organize a purchase by conducting a request for proposals:

  1. when purchasing sports equipment and equipment, sports equipment, for the participation and training of sports teams of the Russian Federation in the Olympic and Paralympic Games (clause 2, part 2, article 83);
  2. When concluding a contract with a foreign organization for the treatment of citizens of the Russian Federation outside the Russian Federation;
  3. When purchasing by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation and other customers to ensure their activities outside the Russian Federation if the contract price does not exceed 15,000,000 rubles;
  4. When purchasing goods, works, services in the event of termination of the contract in accordance with Part 9 of Art. 95 of Law No. 44-FZ;
  5. When purchasing medicines on medical indications patient (if there is a solution medical commission);
  6. After the recognition of the repeated tender, the electronic auction as invalid;
  7. When purchasing products of folk art crafts with registered samples (in accordance with the Decree of the Russian Federation of 18.01.2001 No. 35);
  8. When purchasing services to protect the interests of the Russian Federation, carried out outside its borders with the involvement of experts and lawyers (in the case of filing claims against the Russian Federation in the judicial authorities of foreign states, international courts and arbitrations).

Webinars and training and advanced training programs at the School of Electronic Trading:

  • on bidding, where experts and practitioners share their experience in participating in procurement, comment on changes in legislation, the position of the Federal Antimonopoly Service and the courts.
  • Improve your skills on the course "" for contract managers, specialists contract services and purchasing commissions. The program is designed based on the requirements professional standard"Purchasing Specialist"

Organize purchases correctly the first time in the new service for customers under 44-FZ.

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Law 44-FZ has undergone dramatic changes. Among other things, there appeared several new ways to define a supplier. All of them are electronic. These methods bear names similar to familiar ones and have the same reasons for use. However, it is important to remember that the rules and deadlines for electronic and paper procedures are often different. And most importantly, by default, since 2019, electronic procedures have been carried out.

What are the purchases now

You can divide all the ways to determine the supplier according to different criteria. For example, in the form of conducting - electronic and paper, according to the admission of suppliers - open and closed, by the number of participants - competitive and non-competitive.

In general, all this was before, including the division of procedures into electronic and paper ones. However, only auctions were held in electronic form. Starting next year, all purchases will be made electronically. , so new types of procedures have appeared. And now list e-procurement looks like that:

Registration in ERUZ EIS

From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

  1. - open, with limited participation, two-stage.
  2. Request for quotations in electronic form.
  3. Request for proposals in electronic form.
  4. Closed electronic procedures (may be carried out by decision of the Government) - closed tender, closed tender with limited participation, closed two-stage tender, closed auction.

Paper Procedures - competitions and requests- remained the same. However, starting from 2019, they will be held only in certain cases:

  • when the purchase is carried out abroad;
  • when a request for quotations is made and the object is some goods and services - food, medical aid, medicines, fuel, humanitarian aid or emergency response services;
  • when are certain types closed procedures;
  • when the contract is concluded with a single supplier;
  • if the purchase is included in the list approved by the Government.

Competitive and non-competitive procedures

In this sense special changes Did not happen. All existing types of procedures are competitive, with the exception of . But there are tough restrictions from Article 93 of Law 44-FZ. Most often, contracts worth up to 100,000 rubles are concluded with a single supplier. In addition, there are grounds for purchasing in this way (water, electricity, communication services) and some others.

At certain conditions the customer must notify the regulatory authorities about the conclusion of the contract, bypassing the competitive procedure. Sometimes he should justify the choice of this method.

When closed procedures apply

To select a closed procedure type, there is several reasons:

  1. The object of the purchase is tied up in the state secret.
  2. Data about state needs constitute a secret.
  3. The object is insurance, transportation or security services. state values- rare museum collections, publications, precious stones and metals.
  4. Driver or cleaning services are purchased for judges, bailiffs.
  5. The purchase is carried out within the framework of the state defense order.

How to choose

When planning purchases for next year remember to prioritize. From July 1, 2019, by default, it will be necessary to carry out one of the electronic procedures. Paper bonds can be declared only if there are the above grounds.

If the NMTsK is less than 500 million rubles, and only the price is important from the evaluation criteria, you can conduct a request for quotations in electronic form. If the item is included in the auction list, an auction is announced. In some cases, a request for proposals in electronic form is suitable (for example, when purchasing medications or sports equipment). The priority method is the electric competition.

The main criteria for choosing a procedure are in the following table.

Table. Methods for determining the supplier according to 44-FZ and their choice

Way In what cases does it apply Peculiarities
Competition

(in electronic and paper form)

If the winner needs to be selected according to several criteriaPriority purchase method. Can be open, closed, limited participation, two-stage
Electronic auction When choosing a winner, only the price matters. The customer is obliged to hold auctions for purchases from the list of Decree of the Government of the Russian Federation of March 21, 2016 No. 471-rNMCC decreases by
auction step. Participants declare their intention to perform
contract at a lower price
Request
quotes
If the winner is chosen according to one criterion - the price of the contract, and the NMTsK does not exceed 500 thousand rublesPurchasing volume by inquiry
quotes cannot be more
10% of the total and should not
exceed 100 million rubles
Request
proposals(in electronic and paper form)
In the established in Art. 83 44-FZ cases (when purchasing sports equipment, medicines, as well as if the repeated competition was declared invalid)The winner is recognized
member who sent
final offer
which is best
complies with requirements
customer
Purchase from
the only
supplier(in paper form)
Based on Article 93 of Law 44-FZWays:
  • submit an offer
    make a contract with one
    participant;
  • to accept the offer
    about the terms of the contract
    from just one
    participant

There are many conditions, but it is impossible to make mistakes. Otherwise executive the customer may be fined under Article 7.29 of the Code of Administrative Offenses for 30,000 rubles. If it was necessary to hold a competition or auction, but a different method of purchase was chosen, then the fine will be 50,000 rubles.

Public procurement rules are regulated by the Federal Law of 04/05/2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs". Its provisions are guided by all authorities, state and municipal institutions- from federal ministries and departments to local schools, hospitals and libraries.

Federal Law No. 44-FZ:

  • establishes the principles of a unified (federal) contract system;
  • defines the terms that are used in the legislation and practice of public procurement;
  • regulates procurement planning processes by customers;
  • establishes the methods of procurement, rules for their conduct, requirements for participants, the procedure for choosing a performer (supplier, contractor) and concluding contracts;
  • determines the procedures for monitoring, auditing, control and appeal in the field of public procurement.

Principles and concepts of a unified contract system

The principles of the contract system are set out in Articles 6-12 federal law No. 44-FZ. These include:

  1. Openness and transparency of information - free and free access to complete and reliable information on procurement, including through the functioning of a unified information system (UIS).
  2. Ensuring competition - equal conditions for procurement participants, support for fair competition, a ban on restrictions on competition that violate No. 44-FZ.
  3. The professionalism of the customer is his duty to involve only qualified specialists in public procurement, as well as to maintain and improve their professional level.
  4. Stimulation of innovations - the priority of innovative and high-tech products.
  5. Unity of the contract system - principles, concepts and approaches common for all participants in planning, conducting procurement, monitoring, auditing and control.
  6. The responsibility of the customer for the effectiveness and efficiency of procurement is the need to achieve the desired results.

Definitions of the main concepts used in the law on the contract system are given in article 3. The provisions of this article clarify the definitions:

  • contract system;
  • supplier identification procedures;
  • procurement of goods, works and services;
  • procurement participant;
  • state and municipal customer;
  • state and municipal contract;
  • bodies that are engaged in regulation and control in the field of procurement;
  • expert and expert organization in the field of procurement;
  • total annual volume of purchases;
  • electronic site, specialized electronic site and operators of such sites.

Studying the provisions of Article 3 of Federal Law No. 44-FZ will help you understand the basic terminology in the field of public procurement.

Requirements for suppliers and conditions for participation in procurement

Requirements for suppliers (performers, contractors) are established in Article 31 of Federal Law No. 44-FZ. For participation in public procurement must meet all of the following requirements:

  1. Official registration in Russia, not belonging to an offshore company.
  2. Not being in a state of liquidation or bankruptcy.
  3. Possession of a license and (or) membership in self-regulatory organization(SRO) if the performance of the contract involves compliance with these conditions.
  4. The absence of a valid disqualification (suspension of activities) for an administrative offense.
  5. Absence of outstanding debts on mandatory payments (taxes, fees, contributions, etc.).
  6. The management and the chief accountant do not have a criminal record for committing an economic or corruption crime.
  7. Lack of affiliation and conflict of interest with the customer.
  8. Lack of legal entity in the last two years of administrative punishment for illegal remuneration (Article 19.28 of the Code of Administrative Offenses of the Russian Federation).
  9. The absence of a supplier in the register of unscrupulous suppliers, if this is a condition of the purchase.
  10. The presence of exclusive rights to the result of intellectual activity, if it must be transferred to the customer under a contract, except for works of art and literature, contracts for financing the rental or showing of a Russian film.
  11. The absence of other restrictions established by Federal Law No. 44-FZ and other regulatory legal acts.

For certain purchases, the Government of the Russian Federation has the right to establish additional requirements regarding the ability of the bidder to ensure the performance of the contract: good business reputation, the presence of sufficient material base, specialists, financial resources and work experience.

Compliance with the requirements of the participant declares when filling out an application for participation in a particular purchase. Documentary confirmation is not always required, but the accuracy of the declared information can be verified. False information will lead to the rejection of the application, and in the worst case, to the inclusion in the register of unscrupulous suppliers, which will actually put an end to the possibility of further full participation in purchases.

A prerequisite for participation in procurement is registration in the Unified Information System (UIS) and subsequent accreditation on federal electronic trading floors. After registration in the EIS, access to work on all federal sites will be provided automatically during the working day.

Procurement types

Methods for determining a supplier (procedures or types of procurement) are listed in Article 24 of Federal Law No. 44-FZ, and the features of each method are explained in other articles of Chapter 3 of this law.

There are two main types of purchases:

  1. Purchasing from a single supplier. This is the only way to purchase in conditions of extremely limited competition - the customer independently chooses with whom to conclude a contract. An exhaustive list of purchases that can be made from a single supplier is specified in Article 93. In this way, any purchase in the amount of up to 300 thousand rubles can be made, and institutions of culture, art, sports, science and organizations for orphans - in the amount of up to 600 thousand rubles.
  2. Competitive methods of procurement - these include all other types of public procurement.

Learn more about competitive procurement

Competitive purchases can be open and closed. In the first case, any supplier can participate in the procurement. In the second situation, the purchase is agreed with the FAS, and only a certain circle of participants is invited to participate in it.

The main methods of competitive procurement are competition and auction.

Competitions are held:

  1. in an open form. Access to the purchase has an unlimited range of suppliers. They submit bids with offers based on conditions tender documentation, the commission compares them and gives the victory to the one who offered the best conditions among all participants.
  2. With limited participation. Such a competition can be held only in cases provided for in Art. 56 No. 44-FZ. Initially, it is similar to an open competition: the purchase is available to an unlimited number of persons, and everyone can apply. However, not only basic, but also additional requirements are presented to the participants. Initially, the applications of participants are pre-qualified, some are eliminated, and only among the rest (a limited circle of participants) will the winner be determined as a result.
  3. in two-stage form. As part of two-stage competition Participants' bids are initially evaluated in all respects, except for the price (it is not indicated). Participants who have passed the first stage form an offer already with a price, which becomes the subject of evaluation to determine the winner. Such purchases, as a rule, are carried out when quality, innovation and high technology are priority, and the price, although important, is secondary.
  4. in closed form. A closed tender differs from an open tender by a limited range of suppliers admitted to the procurement. Participants must meet general and additional requirements, assessing which, the customer sends an invitation to the selected suppliers to participate in the tender.
  5. In a closed form with limited participation. This method combines the features of a closed competition and a competition with limited participation. Only a certain circle of suppliers, who are pre-qualified, participate in the procurement. The winner is selected from those who passed the selection.
  6. In a closed two-stage form. The method combines the features of a closed competition and a two-stage competition. A limited number of suppliers are allowed to participate in the competition. At the first stage, they form an offer without specifying a price. The one who passes to the next stage forms an offer already at a price, which becomes the determining factor for victory.

Auctions held in open and closed form. More than half of all state and municipal contracts are based on the results of an electronic auction. To participate in the auction, the participant submits an application consisting of two parts. Initially, the customer evaluates the first part of the applications and determines those who will be admitted to the auction. This is followed by the submission of price proposals from participants, who gradually reduce the initial maximum purchase price (IMP). As a result, the winner is the one who offered the lowest price, which was held for a certain time. However, the contract will be concluded only after the verification of the second part of the application and satisfaction of all conditions of the auction. Therefore, a victory among price offers is not always a guarantee of concluding a contract.

Differences between a closed auction and an open auction:

  • auction documentation is not published in the media and is not posted in the EIS;
  • the customer sends invitations to participate in the auction, and only invited participants get access to the documentation;
  • electronic auctions are held at specialized ETPs;
  • applications are submitted in a sealed envelope;
  • closed auctions are often held if the purchase is related to goods, works or services, information about which is a state secret.

Other ways of competitive procurement:

  1. Quote request. With such a purchase, the customer is primarily interested in the price. The winner is the one who meets the same requirements for all participants and offers the lowest price. All applications received are evaluated simultaneously. Procurement in this way can only be carried out at the initial (maximum) contract price within 500 thousand rubles.
  2. Request for proposals. Relatively rare method of procurement due to existing restrictions. It is usually used in cases of invalidation of repeated tenders or auctions. In addition, the method allows you to quickly resolve the issues of purchasing medicines, as well as providing legal assistance to protect the interests of the state abroad. Unlike a request for quotation, a request for proposals is an assessment of each received application as a whole. The priority is the best offer in all respects, and not only and not so much the offered price.

Conclusion of a contract

The procedure for concluding a contract following the results of an electronic procedure is regulated by Article 83.2 of Federal Law No. 44-FZ.

The document flow is carried out in the EIS and at the site where the purchase is placed and the auction takes place.