Competition in electronic form according to 223 fz. Electronic trading platforms - news. Register of dishonest suppliers

FZ, - the provision on the purchase of each specific customer. Who are the customers and suppliers? Customers and suppliers under 44-FZ Municipal and state budget institutions. The supplier can be entity, individual entrepreneurs (IP), as well as individuals. Customers and suppliers under 223-FZ

  • State-owned companies with a government stake of more than 50%, including their subsidiaries and granddaughters,
  • Budgetary institutions conducting purchases at their own expense, subcontracting funds or grants.
  • Organizations that are engaged in regulated activities such as energy and water supply,
  • Subjects of natural monopolies (for example, Russian Railways, oil and gas companies, etc.),

In the same way, both organizations and individuals can participate. The requirements for the participants of each specific procurement are established by the customer.

Algorithm for holding a tender under 223-FZ

The requirements for supplier certificates depend on the specific electronic trading platform (ETP) where the auction is held. It can be either a qualified signature or an unqualified one.

Procurement Methods Federal Law No. 44-FZ establishes 10 procurement methods and the conditions for choosing the winner, and most importantly, it limits the list and cases of procurement from sole supplier. Competitive procurement

  1. open competitions;
  2. competitions with limited participation;
  3. closed competitions with limited participation;
  4. multi-stage competitions;
  5. closed forms of competitions;
  6. electronic auctions;
  7. closed auctions;
  8. requests for proposals;
  9. requests for quotes.

Non-competitive procurement This type of procurement includes only procurement from a single supplier.

Open competition on 223-FZ

Termination of the contract and the possibility to make changes the federal law 44-FZ Federal Law No. 44-FZ makes it possible to terminate the contract by agreement of the parties or unilaterally, if such a possibility is specified in the contract. Change essential conditions contract (price, delivery time, product characteristics) is not possible.

AT electronic auction it is possible to draw up a protocol of disagreements, but only if we are talking about errors in the text of the contract. Federal Law 223-FZ Federal Law No. 223-FZ provides the customer company with the opportunity to change the contract in terms of terms, volumes and prices of goods, works and services.
In which cases any changes are possible, the supplier can find out from the procurement regulations of a particular customer.

Appeal against the actions of the customer Federal Law 44-FZ Federal Law No. 44-FZ not only secures such a right for the supplier, but also prescribes an algorithm of actions:

  • First of all, the participant submits an application in writing to the territorial office of the FAS.
  • Then the FAS publishes a complaint against the CAB within 2 working days.
  • Finally, over the next 5 working days, the commission considers the complaint and issues an order on it.

In 2016, 45% of all complaints were recognized by the Federal Antimonopoly Service as justified and government customers received instructions on them (according to the monitoring data of the Ministry of Economic Development for 2016). Federal Law 223-FZ As under 44-FZ, FAS considers complaints against customers under 223-FZ.

Competitions in federal law 223

The first law regulates the procurement of budget companies, which are wholly owned by the state. The second is the purchase of companies owned by the state by 50% or more.


There are fundamental differences in the procurement of both, which the article will help to understand. What is the difference between 44-FZ and 223-FZ? No. 44-FZ This law applies to the procurement of all government customers.


He requires them to draw up a 3-year procurement plan and an annual schedule. And from suppliers - securing bids and contract execution (for a tender and an electronic auction).

Attention

The law also sets the deadlines for all stages of the auction and regulates many other details of the transaction. The law gives guarantees for the winner that a contract will be concluded with him, and the goods delivered by him or the work performed will be paid.


But deviation from the rules threatens entrepreneurs with getting into the Register of unscrupulous suppliers.

The main differences between laws No. 44-FZ and No. 223-FZ

Source: http://www.bicotender.ru/articles.html Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in the internal normative document- Position. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations. One of them is an open competition. What is an open competition An open competition is electronic trading, in which each supplier that meets the conditions of the tender documentation can submit an application for participation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.
Open tenders under 223-FZ: varieties Depending on the subject of the purchase, the tender may consist of several stages: one, two, three, etc.

Open competition 223 fz

Info

Multi-stage competitions are usually held when the required product or service is particularly complex and needs to be studied in detail. Negotiating with customers at various stages helps the customer to understand as best as possible the degree of efficiency that a particular supplier is able to provide.


Sometimes a multi-stage competition involves a preliminary pre-qualification. This measure makes it possible to admit only professional suppliers who meet all the requirements of the customer in the best possible way.

Finally, one of the forms of open tender can also be a tender with rebidding. During such a competition, participants have the opportunity to make changes to their bids in order to increase their competitiveness and attractiveness for the customer.

Open competition in electronic form according to 223-FZ

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications. The bidder who offers the best conditions for the future contract is recognized as the winner of the auction.

In what cases is it expedient to conduct a tender? Such a procedure is carried out in a situation where the final price of the contract is not a determining factor. It implies the presence of several criteria for evaluating the proposals of the participants.

This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other. It is advisable to hold a tender if the conditions of the future contract are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase. Features of the competitive procedure An open tender differs from other methods of procurement by the presence of a stage of evaluation and comparison of submitted applications.

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations.

One of them is an open competition. What is an Open Tender An open tender is an electronic auction in which every supplier who meets the terms of the tender documentation can submit an application for participation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.

Open tenders under 223-FZ: varieties Depending on the subject of the purchase, the tender may consist of several stages: one, two, three, etc.

Open tender for 223 fz customer requirements

  • Report with justification of the purchase from a single supplier (contractor, performer).

Reporting under federal law No. 223-FZ The customer places on the public procurement website zakupki.gov.ru no later than the 10th day of the month following the reporting one, following list reports:

  • report on the total cost of concluded contracts;
  • a report on the total cost of contracts concluded with a single supplier;
  • report on the total cost of concluded contracts with small and medium-sized businesses.
  • a report on the total cost of concluded procurement contracts, information about which constitutes a state secret;

Enforcement of obligations under the contract Federal Law 44-FZ The customer cannot conclude a contract with the winner of an auction or tender (regardless of its price) if he does not provide financial security for the contract.
This time is given to the participant to work out his proposal and complete all the necessary documentation. The application must be sent to the customer late specified in the notice.

  • Opening access to applications.

    The details of this procedure should be written in the documentation. As a rule, the customer forms and places on the site a protocol, which indicates the number of applications submitted and the proposals of the participants.

  • Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the offer of a potential supplier.
  • Rebidding. After evaluation of applications, the customer has the right to announce rebidding. Participants get the opportunity to improve their original proposals.
  • Final matching of bids.

This is possible only if the rebidding procedure is described in the tender documentation. Participation in it is not obligatory for participants.

As part of the rebidding, the participant gets the opportunity to improve his offer. Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. Regulated terms of the procedure The notice of the tender must contain without fail deadline for submitting applications. Moreover, it cannot be less than 20 days from the start date for filing applications. Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days.

Terms of evaluation and comparison of applications 223-FZ are not regulated. The organizer can determine them independently. The contract with the winner is concluded within 20 days after the publication of the protocol on the results of the competition. The main stages of the open two-stage competition

  1. Formation of tender documentation. The customer develops the procedure for the procedure, the methodology for evaluating applications, determines the timing of the procedure, prepares a draft future contract and terms of reference. A complete list of information that the customer is required to prescribe in the notice is determined by Article 4 223-FZ.
  2. Publication of the notice on the CAB and ETP. Information is posted by the customer on the ETP. After that, it is automatically duplicated on the OOS. This is possible only if the selected ETP is integrated with the CAB. Otherwise, the customer is obliged to place the information manually.
  3. Acceptance of applications.

Algorithm for holding a tender under 223-FZ

Attention

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations. One of them is an open competition. What is an Open Tender An open tender is an electronic auction in which every supplier who meets the terms of the tender documentation can submit an application for participation.

The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria. Open tenders under 223-FZ: varieties Depending on the subject of the purchase, the tender may consist of several stages: one, two, three, etc.

Open competition on 223-FZ

Multi-stage competitions are usually held when the required product or service is particularly complex and needs to be studied in detail. Negotiating with customers at various stages helps the customer to understand as best as possible the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition involves a preliminary pre-qualification.


This time is given to the participant to work out his proposal and complete all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notice.

  • Opening access to applications. The details of this procedure should be written in the documentation.
    As a rule, the customer forms and places on the site a protocol, which indicates the number of applications submitted and the proposals of the participants.
  • Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the offer of a potential supplier.
  • Rebidding. After evaluation of applications, the customer has the right to announce rebidding.
    Participants get the opportunity to improve their original proposals.
  • Final matching of bids.

How to hold a closed competition

This is possible only if the rebidding procedure is described in the tender documentation. Participation in it is not obligatory for participants. As part of the rebidding, the participant gets the opportunity to improve his offer.

Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. Regulated deadlines for the procedure The notice of the tender must necessarily indicate the deadline for submitting applications. Moreover, it cannot be less than 20 days from the start date for filing applications.
Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days.

Open competition in electronic form according to 223-FZ

Most often they are:

  • Full price of the contract.
  • Characteristics of the products offered for delivery.
  • The participant has the material and technical resources necessary for the execution of the contract.
  • Procedure and terms of payment.
  • Delivery time.
  • Qualification of personnel involved in the execution of the contract.
  • Availability of warranties.

Such criteria allow the customer to choose a supplier that fully meets all requirements. If the winner avoids concluding the contract, the customer is obliged to enter information about such a supplier in the register of unscrupulous suppliers.

Competitions in federal law 223

Important

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications. The bidder who offers the best conditions for the future contract is recognized as the winner of the auction. In what cases is it expedient to conduct a tender? Such a procedure is carried out in a situation where the final price of the contract is not a determining factor.

Info

It implies the presence of several criteria for evaluating the proposals of the participants. This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other. It is advisable to hold a tender if the conditions of the future contract are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase. Features of the competitive procedure An open tender differs from other methods of procurement by the presence of a stage of evaluation and comparison of submitted applications.

Competition on 223 fz

Multi-stage competitions are usually held when the required product or service is particularly complex and needs to be studied in detail. Negotiating with customers at various stages helps the customer to understand as best as possible the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition involves a preliminary pre-qualification.
This measure makes it possible to admit only professional suppliers who meet all the requirements of the customer in the best possible way. Finally, one of the forms of open tender can also be a tender with rebidding. During such a competition, participants have the opportunity to make changes to their bids in order to increase their competitiveness and attractiveness for the customer.

Closed competition on 223-FZ

  • Tender
  1. Purchased products for needs related to state secrets.
  2. Product information specified in the documentation or draft contract is a state secret.
  3. They conclude a deal for the protection, insurance and transportation of precious stones and metals of the Russian Federation, museum valuables transferred for temporary use (for example, exhibitions).
  4. Purchase services for the maintenance of judges and bailiffs (cleaning, driver service).

Such purchases are carried out only after agreement with the Federal Antimonopoly Service.

Cancellation of the competition under 223 fz

Only suppliers to whom customers have sent special invitations can participate. One of the important questions is where to get the IKZ for a closed competition. It is indicated precisely in these invitations (part 1 of article 23 44-FZ).

A common feature for all closed competitive procedures is that the protocols, as well as information obtained during the selection of the supplier, are not posted in the EIS. How it is carried out In general, the stages are similar to open procurement, but have a number of features:

  1. Development and approval of tender documentation. Available to participants upon request. writing and after payment (if provided).

    The cost for this should not exceed the price for making a copy of the documentation.

  2. Publication of the notice in the EIS. It is used only if the documentation or the draft contract contains information related to state secrets.

When is it appropriate to hold a competition?

This procedure is carried out in a situation where the final price of the contract is not a determining factor. It implies the presence of several criteria for evaluating the proposals of the participants. This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other.

It is advisable to hold a tender if the conditions of the future contract are rather complicated. It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase.

Features of the competitive procedure

An open tender differs from other procurement methods by the presence of a stage of evaluation and comparison of submitted bids. At this stage, a specially convened commission ranks the proposals of the participants in the manner prescribed by the documentation. In addition, the competition held under 223-FZ has the following features:

  1. The order of the procedure is determined by the organizer independently. It must be reflected in the documentation.
  2. To compare and evaluate the proposals of the participants, the customer forms a special commission. Its composition may remain constant for all purchases or change due to the characteristics of the procurement object.
  3. It is possible to provide the participant with the procurement documentation in paper form. The organizer has the right to set a certain fee for this.
  4. According to the current 223-FZ, the tender documentation must necessarily include information on providing the participant with an explanation of the provisions of the documentation.
  5. Competition allows rebidding. This is possible only if the rebidding procedure is described in the tender documentation. Participation in it is not obligatory for participants. As part of the rebidding, the participant gets the opportunity to improve his offer.

Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it.

Regulated terms of the procedure

The notice of the tender must contain a mandatory deadline for the submission of bids. Moreover, it cannot be less than 20 days from the start date for filing applications. Any changes made to the documentation must be published no later than three days from the date of their entry into force.

If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days.

Terms of evaluation and comparison of applications 223-FZ are not regulated. The organizer can determine them independently.

The contract with the winner is concluded within 20 days after the publication of the protocol on the results of the competition.

The main stages of the open two-stage competition

  1. Formation of tender documentation. The customer develops the procedure for the procedure, the methodology for evaluating applications, determines the timing of the procedure, prepares a draft future contract and terms of reference. A complete list of information that the customer is required to prescribe in the notice is determined by Article 4 223-FZ.
  2. Publication of the notice on the CAB and ETP. Information is posted by the customer on the ETP. After that, it is automatically duplicated on the OOS. This is possible only if the selected ETP is integrated with the CAB. Otherwise, the customer is obliged to place the information manually.
  3. Acceptance of applications. This time is given to the participant to work out his proposal and complete all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notice.
  4. Opening access to applications. The details of this procedure should be written in the documentation. As a rule, the customer forms and places on the site a protocol, which indicates the number of applications submitted and the proposals of the participants.
  5. Final matching of bids. The customer considers all offers received after the rebidding and selects the winner.
  6. Formation of the final protocol.
  7. Conclusion of an agreement with the winner of the competition.

Based on the results of the procedure, the customer concludes an agreement with the winner, on the proposed terms. If the winner avoids signing the contract, the customer gets the opportunity to conclude a contract with the second-place supplier.

What criteria are taken into account when evaluating applications

At the stage of initial evaluation of applications, the customer evaluates the correctness of all documents, the presence of the application security (if provided by the documentation), the validity of the application, the absence of the participant in the RNP.

Each customer determines the criteria for determining the winner of the competition independently. Most often they are:

  • Full price of the contract.
  • Characteristics of the products offered for delivery.
  • The participant has the material and technical resources necessary for the execution of the contract.
  • Procedure and terms of payment.
  • Delivery time.
  • Qualification of personnel involved in the execution of the contract.
  • Availability of warranties.

Such criteria allow the customer to choose a supplier that fully meets all requirements. If the winner avoids concluding the contract, the customer is obliged to enter information about such a supplier in the register of unscrupulous suppliers.

At the end of 2017, the Procurement Law certain types legal entities were included significant changes which will come into effect on July 1.

The legislator regulates in detail the holding of a competition under 223 Federal Laws and others competitive bidding, the concept of electronic competition 223 FZ was introduced.

Under the new rules, preference is given to electronic trading, and tenders for SMEs will be held exclusively in electronic form.

Consider step by step how to carry out such a procedure according to the new rules.

We are preparing for an open tender under 223 Federal Law

1. We prepare the notice and documentation

The notice contains information about:

  • customer;
  • method of procurement and deadlines for submitting proposals;
  • the subject of the contract and NMC;
  • securing an application.

The documentation must include:

  • requirements for product properties and description of the object of procurement (without indication of trademarks or with the words “or equivalent”);
  • requirements for the preparation of proposals and description of goods;
  • order of delivery and payment;
  • NMCC;
  • deadlines for submitting proposals;
  • requirements for participants;
  • criteria and procedure for evaluating proposals in accordance with the procurement regulations;
  • if available, the amount of the application security. Collateral is not established if the NMC is less than 5 million rubles. In other cases, the customer has the right to provide in the amount of not more than 5% of starting price(part 27 of article 3.2);
  • draft agreement.

2. We place a notice and documentation. The term of the competition 223 FZ establishes a minimum of 15 days from the date of placement of the notice in the EIS (part 17 of article 3.2). When carrying out the procedure among SMEs, the deadline for accepting applications can be reduced (from 7 days with NMC not more than 30 million rubles - part 3 of article 3.4). If a closed competition is held under 223 Federal Laws, information is not posted in the EIS.

3. If necessary, you can cancel the purchase at any time before the end of the acceptance of applications. Later cancellation is allowed only if there are force majeure circumstances (parts 5, 7, article 3.2).

4. Making changes. It is possible to change the provisions of the documentation by extending the time for submitting bids so that at least half of the period established by the procurement regulation remains before the deadline for accepting bids. If an open tender is held in electronic form 223 FZ, the customer publishes changes to the EIS, and the operator sends new information to the site within 1 hour and notifies the participants.

5. Clarification of documentation. Any participant can send a request no later than 3 days before the deadline for accepting applications, and the customer is obliged to provide clarifications to the EIS within 3 working days.

How to accept and consider applications for tenders in accordance with Federal Law 223

If it is carried out in paper form, proposals are accepted in sealed envelopes at the customer's address indicated in the notice.

Proposals for the competition in electronic form under 223 FZ are submitted through the electronic platform. Procurement regulations may provide for the following stages:

  1. Consideration by the customer of the first parts of applications containing information about the products offered. Participants who have proposed GWS that fully comply with the requirements of the documentation are allowed to the next stage.
  2. Consideration of the second parts for the participant's compliance with the requirements and the availability of all documents prescribed in the documentation.
  3. Rebidding (if this procedure is provided for by the regulation).
  4. Evaluation and comparison of final proposals.

At each stage, the customer draws up a protocol, which is posted in the EIS within 3 days from the date of signing (part 12, article 4). The protocol includes information about the date of signing, the number of applications, information about participants, the results of consideration and the reasons for rejection, the result of the assessment for each criterion.

We conclude an agreement

The customer can conclude an agreement with both one and several participants, if this is provided for by the regulations and documentation.

Deadline for signing: no earlier than 10 and no later than 20 days after the publication of the final protocol. If, in accordance with the statutory documents of the organization, approval by the governing body is required, the contract is signed within 5 days after receiving approval. When appealing to the FAS - no later than 5 days after the decision is made by the control body.

We place information about the contract in the EIS no later than 3 working days after signing (part 2 of article 4.1).

In case of making changes to the agreement, it is necessary to publish information about the changes no later than 10 days from the date of conclusion of the supplementary agreement.

Open competition in electronic form according to 223-FZ

Related Articles

What is an open competition in electronic form according to 223-FZ and how to conduct it from July 1, 2018, read in step by step instructions. In addition, learn about other changes in procurement under 223-FZ.

Since 2018, there have been huge changes in procurement. On December 31, 2017, Law No. 505-FZ came into force, which changed Law No. 223-FZ, supplementing it by about a third. Some of the changes took effect immediately, some more will come into effect on July 1, 2018, and some more on January 1 next year.

One of the most important changes is the electronicization of procurement. Now the tender - open, closed and two-stage - as well as the request for proposals and quotations will become fully electronic procedures. For procurement from SMEs, these four e-procedures will be the only possible procedures. All this, including an open competition in electronic form, however, becomes possible only from July 1, 2018, and mandatory from January 1 of the next year. By July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations into line.

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The open format of the competition is not the only one that will become electronic. AT in electronic format now they will also hold a two-stage competition, a competition with limited participation, and closed procedures (unless a separate NLA is issued for them). It is assumed that closed competitions will be held at separate venues.

Changes in procurement tenders

Another significant change is that it will not be possible to allocate lots in open or closed electronic tenders from July 1, 2018. From this date, the rules for describing the procurement object will also change, for example, now you can never specify trademark and manufacturer without addition or equivalent”, except for the purchase of consumables and spare parts. In the description of the subject of the purchase, the customer is now obliged to indicate specifications, consumer properties, operational characteristics of the goods.

The security of the application in the competition will be directly determined by the NMCC. So, if the NMCC in the tender is less than 5 million rubles, the customer is not obliged to require security for the application at all, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCC. For large contracts, as well as preferential institutions, there will be a special rate of 0.5-2%.

How to buy car insurance? Can we purchase OSAGO services by requesting quotations or is an open tender required?

Model provision 223-FZ

Prior to the December 31 amendment, Law No. 223-FZ delegated the responsibility to develop rules procurement procedures to the customer, who must specify them in detail in his Regulation. This principle is preserved now, but the Regulations will need to be adjusted. Under the new rules, the founding authorities of budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve standard procurement regulations and determine at their levels which autonomous institutions and unitary enterprises should apply them. In the new structure model provisions, which entered into force on December 31, provides for an invariable part, which includes:

  1. information on the procurement preparation procedure;
  2. information on the methods of procurement and the conditions for their use;
  3. term of the contract.

Also, the model provisions should detail the specifics of participation in procurement by SMEs.

Conducting an open tender in electronic form according to 223-FZ

From July 1, the structure of applications for competitions under 223-FZ will also change, instead of two parts, there are now three of them. The third part of the bid was the bid. Also, rebidding was added to the electronic competition for the submission of final proposals.

Step 1. Procurement plan

To conduct an open tender in electronic form, you need to draw up a procurement plan, in which include your purchase. You can correct the plan if the need for goods or their cost changes by ± 10%, as well as in other cases specified in the Regulations.

Step 2. Development of documentation

In the next step, develop documentation, including a notice and draft contract. The list of documents that you will need for an open tender in electronic form depends on what you write in the Procurement Regulations.

Steps 3, 4 Publication and acceptance of applications

Law No. 223-FZ allows an open tender in electronic form in accordance with the Regulations of the customer, including using the ETP. Advice: set up integration between the ETP and the EIS so that you do not post the same information twice. If you use the ETP to conduct a tender, study the entire site regulations and compare it with your Procurement Regulations.

Another plus of using the ETP is that you do not have to deal with the receipt and registration of applications, this concern will fall on the shoulders of the site operator. Please note that you are free to make changes to the posted notice, but you must extend the application deadline if there is less than 15 days left before the application deadline.

Step 5, 6 Consideration of applications, evaluation and selection of the winner

Opening access to applications is an analogue of the stage of opening envelopes with applications for the electronic form of the procedure. After opening access, publish the protocol of this procedure, it should include brief information about all applications received. When considering applications for an open tender in electronic form, two factors are taken into account: how the application meets the requirements, and how the participant himself meets the requirements. Based on this, applications are allowed or not allowed for evaluation. If your Statement allows it, you can request additional information from members at this stage.

Also, after consideration of applications, you can announce a rebidding.

The next step is the assessment and consideration of applications according to the criteria prescribed in the Regulations (and relevant legislation). Then you publish the final protocol and conclude an agreement with the winner.

Law No. 223-FZ changed a lot at the end of last year. It has tripled in size from an eight-page document. Read which of the changes have already entered into force, which will only come into effect on July 1, 2018, and which have been postponed until January 1, 2020. And also how these changes will turn out for the customer, how to insure and how to start preparing for them now.

FZ, - the provision on the purchase of each specific customer. Who are the customers and suppliers? Customers and suppliers under 44-FZ Municipal and state budgetary institutions. A supplier can be a legal entity, individual entrepreneurs (IP), as well as individuals. Customers and suppliers under 223-FZ

  • State-owned companies with a government stake of more than 50%, including their subsidiaries and granddaughters,
  • Budgetary institutions conducting purchases at their own expense, subcontracting funds or grants.
  • Organizations that are engaged in regulated activities such as energy and water supply,
  • Subjects of natural monopolies (for example, Russian Railways, oil and gas companies, etc.),

In the same way, both organizations and individuals can participate. The requirements for the participants of each specific procurement are established by the customer.

Algorithm for holding a tender under 223-FZ

The requirements for supplier certificates depend on the specific electronic trading platform (ETP) where the auction is held. It can be either a qualified signature or an unqualified one.

Procurement Methods Federal Law No. 44-FZ establishes 10 procurement methods and the conditions for choosing a winner, and most importantly, it limits the list and cases of procurement from a single supplier. Competitive procurement

  1. open competitions;
  2. competitions with limited participation;
  3. closed competitions with limited participation;
  4. multi-stage competitions;
  5. closed forms of competitions;
  6. electronic auctions;
  7. closed auctions;
  8. requests for proposals;
  9. requests for quotes.

Non-competitive procurement This type of procurement includes only procurement from a single supplier.

Open competition on 223-FZ

Termination of the contract and the ability to make changes Federal Law 44-FZ Federal Law No. 44-FZ makes it possible to terminate the contract by agreement of the parties or unilaterally, if such a possibility is specified in the contract. It is impossible to change the essential terms of the contract (price, delivery time, product characteristics).

In an electronic auction, you can draw up a protocol of disagreements, but only if we are talking about errors in the text of the contract. Federal Law 223-FZ Federal Law No. 223-FZ provides the customer company with the opportunity to change the contract in terms of terms, volumes and prices of goods, works and services.
In which cases any changes are possible, the supplier can find out from the procurement regulations of a particular customer.

Appeal against the actions of the customer Federal Law 44-FZ Federal Law No. 44-FZ not only secures such a right for the supplier, but also prescribes an algorithm of actions:

  • First of all, the participant submits an application in writing to the territorial office of the FAS.
  • Then the FAS publishes a complaint against the CAB within 2 working days.
  • Finally, over the next 5 working days, the commission considers the complaint and issues an order on it.

In 2016, 45% of all complaints were recognized by the Federal Antimonopoly Service as justified and government customers received instructions on them (according to the monitoring data of the Ministry of Economic Development for 2016). Federal Law 223-FZ As under 44-FZ, FAS considers complaints against customers under 223-FZ.

Competitions in federal law 223

There are fundamental differences in the procurement of both, which the article will help to understand. What is the difference between 44-FZ and 223-FZ? No. 44-FZ This law applies to the procurement of all government customers.

He requires them to draw up a 3-year procurement plan and an annual schedule. And from suppliers - securing bids and contract execution (for a tender and an electronic auction).

The main differences between laws No. 44-FZ and No. 223-FZ

Source: http://www.bicotender.ru/articles.html Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - the Regulation. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations. One of them is an open competition. What is an Open Tender An open tender is an electronic auction in which every supplier who meets the terms of the tender documentation can submit an application for participation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.

Open competition 223 fz

Finally, one of the forms of open tender can also be a tender with rebidding. During such a competition, participants have the opportunity to make changes to their bids in order to increase their competitiveness and attractiveness for the customer.

Open competition in electronic form according to 223-FZ

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications. The bidder who offers the best conditions for the future contract is recognized as the winner of the auction.

In what cases is it expedient to conduct a tender? Such a procedure is carried out in a situation where the final price of the contract is not a determining factor. It implies the presence of several criteria for evaluating the proposals of the participants.

This may be the timing of the delivery of goods or the provision of services, the procedure for payment, or any other. It is advisable to hold a tender if the conditions of the future contract are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the subject of the purchase. Features of the competitive procedure An open tender differs from other methods of procurement by the presence of a stage of evaluation and comparison of submitted applications.

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two ways of trading, which the law prescribes to be included in the text of the Regulations.

One of them is an open competition. What is an Open Tender An open tender is an electronic auction in which every supplier who meets the terms of the tender documentation can submit an application for participation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.

Open tenders under 223-FZ: varieties Depending on the subject of the purchase, the tender may consist of several stages: one, two, three, etc.

Open tender for 223 fz customer requirements

  • Report with justification of the purchase from a single supplier (contractor, performer).

Reporting in accordance with federal law No. 223-FZ The customer places on the public procurement website zakupki.gov.ru no later than the 10th day of the month following the reporting one, the following list of reports:

  • report on the total cost of concluded contracts;
  • a report on the total cost of contracts concluded with a single supplier;
  • report on the total cost of concluded contracts with small and medium-sized businesses.
  • a report on the total cost of concluded procurement contracts, information about which constitutes a state secret;

Enforcement of obligations under the contract Federal Law 44-FZ The customer cannot conclude a contract with the winner of an auction or tender (regardless of its price) if he does not provide financial security for the contract.
This time is given to the participant to work out his proposal and complete all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notice.

    Opening access to applications.

The details of this procedure should be written in the documentation. As a rule, the customer forms and places on the site a protocol, which indicates the number of applications submitted and the proposals of the participants.

  • Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the offer of a potential supplier.
  • Rebidding. After evaluation of applications, the customer has the right to announce rebidding. Participants get the opportunity to improve their original proposals.
  • Final matching of bids.
  • This is possible only if the rebidding procedure is described in the tender documentation. Participation in it is not obligatory for participants.

    As part of the rebidding, the participant gets the opportunity to improve his offer. Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. Regulated deadlines for the procedure The notice of the tender must necessarily indicate the deadline for submitting applications. Moreover, it cannot be less than 20 days from the start date for filing applications. Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days.

    Competitions under Federal Law 223

    Competition. Types of competition. Documentation in accordance with Federal Law 223.

    Competition- a form of procurement, where the proposals of the participants are evaluated in a comprehensive manner, and the price offer is only one of the criteria for choosing the winner.

    Basic a distinctive feature of the competition is the stage of evaluation and comparison of applications, where the procurement commission ranks the participants' bids in accordance with the order specified in the documentation.

    Before the competition, it must be included in procurement plan which can, as you know, be adjusted during the year.

    Benefits of open competition are that notice and tender documentation published in the media mass media and are in free access for all which helps to attract a larger circle of participants , stimulates competition and allows you to choose really best offer . Since you can take part in an open competition any a legal entity ready to make its offer, conforming to the conditions open tender, requirements terms of reference and more beneficial for the customer.

    Development of tender documentation

    Based p. 10 h. 10 art. 4 Laws №223-FZ the documentation determines the procedure for providing clarifications to the provisions of the documentation.

    Usually the documentation consists of several parts:

    • General part (the same for all purchases)
    • Information card
    • Specifications (TK)
    • Draft contracts for each lot
    • Participant Forms

    The procedure for providing tender documentation is determined in the notice of the tender. It must be indicated that the documentation is provided in Russian.

    223-FZ establishes requirements for the content of the notice and documentation. Requirements for a notice of procurement in accordance with part 9 of article 4 of the Law №223-FZ. .

    Publication of the competition on the ETP and OOS

    Documentation first published on the electronic platform , and from there it is automatically routed to official site , but this only happens when electronic platform integrated with the official website. You should pay attention to this in order to be sure that the information is posted on the official website.

    Acceptance of applications

    During the competition in electronic form using the ETP to the customer no need independently conduct the acceptance and registration of applications of participants - these actions are carried out by ETP operator.

    Changes to notice and documentation part 11, art. 4 Law No. 223-FZ

    Changes are posted on the OS within 3 days from the date of their acceptance .

    If changes are made by the customer during the auction later than 15 days before the closing date for applications, application deadline should be extended so that from the day the changes are posted on the CAB until the deadline for filing applications for participation in the procurement, such a period is at least 15 days.

    Opening access to applications

    When conducting a competition not in electronic form, this procedure, usually called "Opening of envelopes with applications of participants". The details of this stage should be spelled out in the Procurement Regulations.

    AT electronic competition The correct name for this step is "Opening access to applications."

    Recommended after opening access draw up and publish on the official website a protocol for opening access, in which to indicate the number of applications received, the names of participants, the proposed price and other indicators that are the evaluation criteria.

    Consideration of applications

    At the stage of consideration of applications, the customer can send request for additional documents to participants who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

    Refusal to conduct electronic trading

    According to Art. 448 of the Civil Code of the Russian Federation, unless otherwise provided by law or notice of the auction, the organizer open auction have the right to withdraw from the competition no later than 30 days prior to the date of the event.

    In Law No. 223-FZ such a provision is not provided, the customer may provide for this in the notice.

    If the organizer of an open auction refused to hold them in violation of the specified deadlines, he is obliged to compensate the participants for the real damage they have suffered.

    Rebidding

    Re-trading is only possible if such a possibility is specified in the Procurement Regulations and the procedure for its implementation . It is also necessary to indicate in the documentation the possibility of rebidding.

    Rebidding can be a fight for first or second place. In public procurement, it completes the electronic auction.

    Participation in the auction voluntary.

    Can be two forms of rebidding: full-time - online auction, correspondence - submission of proposals.

    Evaluation and comparison of applications

    Approximate evaluation criteria. (At least two evaluation criteria must be established in the procurement documentation.)

    1. Contract price. It is a mandatory criterion in all cases.
    2. Delivery time of the goods.
    3. Terms of payment for goods, works, services . It is used in cases when the customer allows the procurement participants to propose the amount of the advance payment in the application.
    4. The term of the provided guarantees of the quality of goods, works, services .
    5. Functional characteristics or quality characteristics of the goods.
    6. Procurement Participant Qualification:
      • an experience;
      • availability of material and technical resources;
      • availability of human resources;
      • degree of implementation of the current quality management system.

    Conclusion of an agreement under 223-FZ

    According to the results of the procurement procedure in the form of tenders, the customer must conclude an agreement with the winner specified in the protocol.

    Is it possible to conclude an agreement with a person who has taken “second place”? It is possible in that case if the winner evaded the conclusion of the contract, and the procurement provision provides for the possibility conclude an agreement with the participant who took second place.

    The final version of the contract = Draft contract in the customer's documentation + Separate conditions in the participant's application

    framework agreement.

    Contracts entered into before 2012 without volume are subject to 223-FZ.

    Each delivery under such a contract = a separate purchase.

    Each contract must specify the number of GWS (Clause 3, Part 9, Article 4 of Law No. 223-FZ).

    Exit: specify the assortment, unit price and maximum volume for each item in the contract. Delivery is carried out as the need arises from the customer at the request of the customer.

    RNP (Register of dishonest suppliers)

    In the event that the winner of the tender or another person obliged to conclude an agreement, evades from the conclusion of the contract, information about such a participant, the customer must send to the authorized body for inclusion in register of unscrupulous suppliers. (link)

    The further course of action of the customer in the event of the winner or another person evading the conclusion of the contract should be determined in the Procurement Regulations.

    Closed competition.- method of procurement, the organization of which the customer must agree with the person authorized to exercise control in the field of placing orders federal body executive power.

    The closed tender procedure differs from the open tender procedure in the following parameters:

    • tender documentation, changes and clarifications of tender documentation, as well as protocols drawn up during the closed tender procedure, not published in open access;
    • only suppliers, specifically invited customer;
    • applications for participation in a closed competition cannot be submitted in the form of an electronic document;
    • during a closed competition audio and video recordings are not allowed.

    The article was written based on the materials of the sites: goszakupkirf.ru, goscontract.info, www.pro-goszakaz.ru, lcbg.ru, nerkon.ru.

    We will tell you how to take part in an open tender under 223-FZ, prepare necessary documentation, submit an application on the electronic platform, evaluation criteria, the timing of the competition.

    Open tender under 223-FZ - distinctive features

    An important detail is that an open tender under 223-FZ, like an auction, is considered an auction and must be specified in the Procurement Regulations. However, it is not legally required to use this method.

    Participation in an open tender under 223-FZ causes much more difficulties compared to a tender under 44-FZ.

    home distinguishing feature open competition - the winner is the participant who offers the best conditions. The price does not matter or just fades into the background. The auction winner is the one who offers the lowest (or highest) price.

    223-FZ gives customers the right to determine the bidding procedure, their rules, criteria for selecting participants, and so on. The competition can be held in one, two or several stages - there are no restrictions here either. It all depends on the complexity of the order.

    Sometimes the competition is held with rebidding - potential suppliers can make changes to their programs already along the way. The winner is the participant whose offer will be the most successful and profitable after the rebidding.

    The rules of the competition, although they are determined by the customer himself, must be the same for all participants and cannot be changed in the process. There is a clear instruction for this: everything related to the procedure for holding a tender must be reflected in detail in the main document - the Procurement Regulations.

    Open competition under 223-FZ - evaluation criteria and procedure.

    When holding an open tender under 223-FZ, the winner is usually determined as follows. The customer defines the criteria, their significance and the scoring system and prescribes all this in official documents. A special commission created by the customer checks the compliance of the participants with these criteria and issues a verdict.

    Here are some criteria that customers consider the most important when conducting such competitions:

    • The price requested by the supplier
    • Experience of the participant in the relevant field
    • Warranty provided
    • Turnaround time
    • Market reputation
    • Availability of qualified personnel and special equipment

    The procedure for holding the competition, although it is unique for each specific case, can be divided into several conditional stages:

    • Drawing up a procurement plan
    • Preparation of documents, both external and internal
    • Placement on the ETP
    • Reception and consideration of applications
    • Evaluation, summing up and conclusion of the contract.

    If for some reason the winner evades the conclusion of the contract or does not fulfill other obligations, the customer may enter it in the register of unscrupulous suppliers.

    Open competition in electronic form according to 223-FZ

    What is an open competition in electronic form according to 223-FZ and how to conduct it from July 1, 2018, read the step-by-step instructions. In addition, learn about other changes in procurement under 223-FZ.

    Since 2018, there have been huge changes in procurement. On December 31, 2017, Law No. 505-FZ came into force, which changed Law No. 223-FZ, supplementing it by about a third. Some of the changes took effect immediately, some more will come into effect on July 1, 2018, and some more on January 1 next year.

    One of the most important changes is the electronicization of procurement. Now the tender - open, closed and two-stage - as well as the request for proposals and quotations will become fully electronic procedures. For procurement from SMEs, these four e-procedures will be the only possible procedures. All this, including an open competition in electronic form, however, becomes possible only from July 1, 2018, and mandatory from January 1 of the next year.

    By July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations into line.

    Work according to 44-FZ? A selection of special materials is ready for you >

    Do you buy according to 223-FZ?
    We know you will find it useful to see >

    The open format of the competition is not the only one that will become electronic. In electronic form, a two-stage competition, a competition with limited participation, and closed procedures (if they are not issued a separate NLA) will now also be held. It is assumed that closed competitions will be held at separate venues.

    Changes in procurement tenders

    Another significant change is that it will not be possible to allocate lots in open or closed electronic tenders from July 1, 2018. From this date, the rules for describing the object of the purchase will also change, for example, now you can never indicate the trademark and manufacturer without adding “or equivalent”, except for the purchase of consumables and spare parts. In the description of the subject of the purchase, the customer is now obliged to indicate the technical characteristics, consumer properties, and operational characteristics of the goods.

    The security of the application in the competition will be directly determined by the NMCC. So, if the NMCC in the tender is less than 5 million rubles, the customer is not obliged to require security for the application at all, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCC. For large contracts, as well as preferential institutions, there will be a special rate of 0.5-2%.

    How to buy car insurance? Can we purchase OSAGO services by requesting quotations or is an open tender required?

    Model provision 223-FZ

    Prior to the amendments made on December 31, Law No. 223-FZ delegated the obligation to develop the rules for procurement procedures to the customer, who must write them down in detail in his Regulations. This principle is preserved now, but the Regulations will need to be adjusted. Under the new rules, the founding authorities of budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve standard procurement regulations and determine at their levels which autonomous institutions and unitary enterprises should apply them. The new structure of model provisions, which entered into force on December 31, provides for an invariable part, which includes:

    1. information on the procurement preparation procedure;
    2. information on the methods of procurement and the conditions for their use;
    3. term of the contract.

    Also, the model provisions should detail the specifics of participation in procurement by SMEs.

    Conducting an open tender in electronic form according to 223-FZ

    From July 1, the structure of applications for competitions under 223-FZ will also change, instead of two parts, there are now three of them. The third part of the bid was the bid. Also, rebidding was added to the electronic competition for the submission of final proposals.

    Step 1. Procurement plan

    To conduct an open tender in electronic form, you need to draw up a procurement plan, in which include your purchase. You can correct the plan if the need for goods or their cost changes by ± 10%, as well as in other cases specified in the Regulations.

    Step 2. Development of documentation

    In the next step, develop documentation, including a notice and draft contract. The list of documents that you will need for an open tender in electronic form depends on what you write in the Procurement Regulations.

    Steps 3, 4 Publication and acceptance of applications

    Law No. 223-FZ allows an open tender in electronic form in accordance with the Regulations of the customer, including using the ETP. Advice: set up integration between the ETP and the EIS so that you do not post the same information twice. If you use the ETP to conduct a tender, study the entire site regulations and compare it with your Procurement Regulations.

    Another plus of using the ETP is that you do not have to deal with the receipt and registration of applications, this concern will fall on the shoulders of the site operator. Please note that you are free to make changes to the posted notice, but you must extend the application deadline if there is less than 15 days left before the application deadline.

    Step 5, 6 Consideration of applications, evaluation and selection of the winner

    Opening access to applications is an analogue of the stage of opening envelopes with applications for the electronic form of the procedure. After opening access, publish the protocol of this procedure, it should include brief information about all applications received. When considering applications for an open tender in electronic form, two factors are taken into account: how the application meets the requirements, and how the participant himself meets the requirements.

    Based on this, applications are allowed or not allowed for evaluation. If your Statement allows it, you can request additional information from members at this stage.

    Also, after consideration of applications, you can announce a rebidding.

    The next step is the assessment and consideration of applications according to the criteria prescribed in the Regulations (and relevant legislation). Then you publish the final protocol and conclude an agreement with the winner.

    Law No. 223-FZ changed a lot at the end of last year. It has tripled in size from an eight-page document. Read which of the changes have already entered into force, which will only come into effect on July 1, 2018, and which have been postponed until January 1, 2019.

    And also how these changes will turn out for the customer, how to insure and how to start preparing for them now.

    General procedure for conducting an open tender in electronic form according to the requirements of 223-FZ

    In order to change the position of the documentation, it is necessary to extend the time for submission of applications so that at least half of the period established by the Procurement Regulations remains before the deadline. In the electronic form of the auction, the customer needs to place information in the EIS, and the operator of the trading platform must notify all participants within an hour of making changes to the procurement documentation.

    1. A copy of the passport of an individual in the status of an entrepreneur, director of a legal entity or his representative(in the latter case, a power of attorney to represent interests is additionally required).
    2. A document that confirms the participant's compliance with legal requirements(depending on the type of purchase, this may be, for example, a license for certain types of activities; confirmation that the company is a member of the SRO).
    3. A document that confirms the qualifications of personnel.
    4. Constituent information.
    5. Eligibility for Benefits.
    6. Significant deal approval documents.
    7. Compliance with the requirements of goods or services.
    8. Declaration of belonging to small businesses.
    9. Declaration that the company is not in the register of unscrupulous suppliers.
    10. Collateral Confirmation in the prescribed amount.

    An open tender under 223-FZ, which regulates procurement by certain types of legal entities, is one of the ways to conduct competitive procurement, which will be held from July 1, 2018 in electronic form, if the customer’s regulation does not indicate the possibility of conducting “paper purchases. When holding a tender in electronic form, it is necessary to focus not only on the provisions of 223-FZ, but also on the Procurement Regulations approved by the customer. In particular, exactly the Procurement Regulations prescribe restrictions on the choice of an open tender.

    For example, from the standpoint of the purchase of certain products, the amount of the auction or the features of the contract.

    Competition with limited participation on 223 fz within the framework of uosz

    Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days. At the same time, the customer establishes a requirement to secure these applications. The participant who took part in the first stage has the right to refuse the second.

    The final applications are submitted by the participants of the first stage, are considered and evaluated according to the rules of the open competition. form On the day of closing the acceptance of applications Within a day after the date of signing Within 10 days from the date of opening the envelopes / access Within three days from the date of summing up the selection results Within ten days from the date of summing up the results of selection Within three days from the date of signing the protocol on consideration of applications Not earlier than 10 and not later than 20 days after the placement of the protocol for studying and evaluating applications in the EIS. In addition, the procurement participant has the right to challenge the results of the pre-qualification selection in the control body. The named list of cases includes the following: 1) performance of works on design, construction and decommissioning of nuclear facilities; 2) performance of work on handling spent nuclear materials nuclear fuel, radioactive substances and radioactive waste, including during their use, processing, transportation, storage, burial and disposal; 3) performance of work on the design and manufacture of equipment used at nuclear facilities; 4) performance of work on the repair of weapons and military equipment nuclear weapons complex; A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications.

    The bidder who offers the best conditions for the future contract is recognized as the winner of the auction. It is advisable to hold a tender if the conditions of the future contract are rather complicated. Read more about the requirements here: Government Decree of February 4, 2015 N 99 Within no more than 10 working days from the date of opening the envelopes, the customer conducts a pre-qualification selection, and within 3 three days after it publishes the protocol in the EIS.

    Applications that have passed the PQS are evaluated according to the rules of an open competition.

    One of the most important changes is the electronicization of procurement. Now the tender - open, closed and two-stage - as well as the request for proposals and quotations will become fully electronic procedures. For procurement from SMEs, these four e-procedures will be the only possible procedures. All this, including an open competition in electronic form, however, becomes possible only from July 1, 2018, and mandatory from January 1 of the next year. By July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations into line.

    Prior to the amendments made on December 31, Law No. 223-FZ delegated the obligation to develop the rules for procurement procedures to the customer, who must write them down in detail in his Regulations. This principle is preserved now, but the Regulations will need to be adjusted. Under the new rules, the founding authorities of budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve standard procurement regulations and determine at their levels which autonomous institutions and unitary enterprises should apply them. The new structure of the model provisions, which entered into force on December 31, provides for an invariable part, which includes: Another significant change - it will not be possible to allocate lots in either open or closed electronic tenders from July 1, 2018.

    From this date, the rules for describing the object of the purchase will also change, for example, now you can never indicate the trademark and manufacturer without adding “or equivalent”, except for the purchase of consumables and spare parts. In the description of the subject of the purchase, the customer is now obliged to indicate the technical characteristics, consumer properties, and operational characteristics of the goods. The security of the application in the competition will be directly determined by the NMCC. So, if the NMCC in the tender is less than 5 million rubles, the customer is not obliged to require security for the application at all, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCC.

    For large contracts, as well as preferential institutions, there will be a special rate of 0.5-2%. Since 2018, there have been huge changes in procurement. On December 31, 2017, Law No. 505-FZ came into force, which changed Law No. 223-FZ, supplementing it by about a third.

    Some of the changes took effect immediately, some more will come into effect on July 1, 2018, and some more on January 1 next year. Law No. 223-FZ allows an open tender in electronic form in accordance with the Regulations of the customer, including using the ETP. Advice: set up integration between the ETP and the EIS so that you do not post the same information twice.

    If you use the ETP to conduct a tender, study the entire site regulations and compare it with your Procurement Regulations.

    We are preparing a set of documents for the tender under 223-FZ

    Experts recommend that suppliers participate in all procedures that they can master in terms of contract performance. If the supplier has the appropriate qualifications and experience, has read and understood the terms of reference and believes that you can fulfill it, you should not be afraid to apply for bidding under 223-FZ. Neglecting them, the supplier deprives itself of a potential contract.

    1. Accounting statements- balance and form No. 2. Usually they ask for fiscal year, sometimes for 2-3 previous ones.
    2. If the supplier on the simplified tax system - notification on the possibility of applying this regime and a copy of the tax return.
    3. Information about average headcount employees.
    4. Certificate of performance of duties on payment of taxes.
    5. Certificate of no tax debts.
    1. Last revision Charter organization in a scanned form with the seal of the Tax Service. Scan all pages, including title page and reverse side the last sheet, where there is a seal on the firmware. You also need to attach scans. change sheets if they were included in the Charter.
    2. protocol or decision on the appointment of a director. It is one of these documents, not an order.
    3. At individual entrepreneurs the documents mentioned above do not exist. Therefore, the SP must attach a color scan of all pages of your passport.
    4. Extract from EGOLE/EGRIP. A fresh extract from the EDS of the Tax Service can be obtained completely free of charge through a special service on the website of the Federal Tax Service. The process takes no more than half an hour.
    5. Bank details.
    6. If the EDS is issued not for the head, but for another person, you should attach power of attorney to this representative.
    1. The package of documents that the participant submitted for registration on the ETP. Law 223-FZ does not oblige you to extract these documents from the supplier's card. The latter must independently attach them to the application.
    2. Professional Documents- licenses, quality certificates, permits, certificates and so on.
    3. Declaration of conformity with the requirements for attribution to small and medium-sized businesses. Usually fit data from the register of SMEs.
    4. Registration certificate companies or individual entrepreneurs.
    5. Certificate of tax registration.

    The order market according to the law 223-FZ is very large. In 2017, the volume of placed purchases amounted to 27 trillion rubles. It's in 3.5 times more than the cost of those published in the EIS purchases under 44-FZ.

    At the same time, suppliers, especially medium and small ones, prefer state procurements. After all, everything is regulated in them - the terms, the procedures, and the documents. But customers under 223-FZ set many rules on their own. For example, they may request an extended package of documents that would be difficult for the supplier to collect.

    Today we will talk about what documents customers of tenders under 223-FZ may require from participants.

    If the supplier plans to participate in the procedures under 223-FZ, he should always have on hand the references indicated in the last paragraphs in paper form. The fact is that the customer may not accept them in electronic form.

    Competitions under Federal Law 223

    They conclude that free access for all a larger circle of participants , stimulates competition best offer any conforming to the conditions who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations. If changes are made by the customer during the auction later than 15 days so that from the day the changes are posted on the CAB until the deadline for filing applications for participation in the procurement, such a period is at least 15 days.

    Documentation first published on the electronic platform official site

    1. Contract price
    2. Delivery time of the goods.
    3. .
    4. :
      • an experience;

    evades must

    Benefits of open competition are that notice and tender documentation are published in the media and are infree access for all which helps to attract a larger circle of participants , stimulates competition and allows you to choose really best offer . Since you can take part in an open competition any a legal entity ready to make its offer, conforming to the conditions open competition, the requirements of the terms of reference and more profitable for the customer. At the stage of consideration of applications, the customer can send request for additional documents to participants who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

    If changes are made by the customer during the auction later than 15 days before the closing date for applications, application deadline should be extended so that from the day the changes are posted on the CAB until the deadline for filing applications for participation in the procurement, such a period is at least 15 days. Documentation first published on the electronic platform , and from there it is automatically routed to official site , but this only happens when the electronic platform is integrated with the official website. You should pay attention to this in order to be sure that the information is posted on the official website.

    1. Contract price. It is a mandatory criterion in all cases.
    2. Delivery time of the goods.
    3. Terms of payment for goods, works, services . It is used in cases when the customer allows the procurement participants to propose the amount of the advance payment in the application.
    4. The term of the provided guarantees of the quality of goods, works, services .
    5. Functional characteristics or quality characteristics of the goods.
    6. Procurement participant qualification :
      • an experience;
      • availability of material and technical resources;
      • availability of human resources;
      • degree of implementation of the current quality management system.

    In the event that the winner of the tender or another person obliged to conclude an agreement, evades from the conclusion of the contract, information about such a participant, the customer must send to the authorized body for inclusion in register of unscrupulous suppliers. (link)

    Open Tender for 223FZ Customer Requirements

    By signing a contract for support with LLC " Road map”, we set the condition that we need tenders only with an advance payment of at least 30%. To our surprise, the result was achieved in the first auction. Although the decline during the auction was more than we expected, the advance improved our financial situation and then we undertook to consider tenders, simply with a deferred payment. Having won 2 more tenders, and with a decrease of 3.5 and 1.5%, we realized that it is better, more reliable and more profitable to give tender work for outsourcing, good hands, such as the Road Map team. We evaluate the experience of working with the Road Map company as positive.

    We have been negotiating for a long time to conclude a contract for escort, but in the end we agreed, because we were interested in an application that was not feasible for us in terms of preparation. 1 part of the application consisted of 200 sheets. The guys got admission, and, unfortunately, the efforts were wasted. because we were unable to offer the necessary price to win. We despaired, but the Roadmap employees continued to load us with various alternatives and within one month, after the defeat, we managed to win with a decrease of 7%, in a row. We would like to thank Road Map LLC for perseverance and professionalism.

    In November 2016, our work with the company Road Map LLC began. We needed a package of orders in the amount of 50 million rubles, and that is why we signed an agreement. Until the moment we started, all trades were almost lost.

    In the first couples of cooperation with Roadmap LLC, we discussed tenders a lot with their leader, fortunately, in our discussion we reached an agreement, today we are consistently winning, already 9 major contracts and continue to successfully gain momentum. Thank you so much for your perseverance and patience. The company occupies a leading position in the extraction of precious metals in the Far East region, and is among the ten largest domestic specialized enterprises.

    In just years production activities the enterprise produced more than 170 tons of platinum and gold.

    Competition on 223 fz

    Multi-stage competitions are usually held when the required product or service is particularly complex and needs to be studied in detail. Negotiating with customers at various stages helps the customer to understand as best as possible the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition involves a preliminary pre-qualification. Multi-stage competitions

    Read on the Russia-Ukraine website:

    • Open One-Stage Competition in Electronic Form How the Federal Law is Conducted
    • Open a Franchise Travel Agency Experience and Feedback from Entrepreneurs
    • Difference of Reconstruction from Reorganization and Redevelopment

    1. Open competition in electronic form 223-FZ, concept

    An open tender, which is held in electronic format according to 223-FZ, is a type of tender, a notice for which is published, after which, on the selected customer within the framework of 223-FZ, bidding takes place, in which any participant who has submitted an application in the specified in the notice can take part term.

    This type tenders are held in cases where the price component cannot be dominant in the selection of the winning participant. The smallest number of evaluation criteria must be 2, given that the organizer must accept applications for at least twenty days.

    2. Documentation for the open electronic competition 223-FZ from July 1, 2018.

    List of documentation required to participate in the open electronic tender:
    • information about the contestant
    • Extract from the register (legal entities and individual entrepreneurs)
    • for physical persons copy of the passport.
    • a copy of the agreement to perform actions under the name of the contestant.
    • A document that carries confirmation of compliance with the requirement of the legislative framework.
    • Qualification confirmation.
    • Copy of constituent documents.
    • The right to preferences.
    • Major transaction approval decision document.
    • Compliance with TRU.
    • Declaration of belonging to the NSR or SONCO
    • A copy of the documentation that confirms that the product meets the requirements.
    • Confirmation of the integrity of the company
    • Collateral confirmation.

    It can also be noted that the list of documentation provided will change from July 1, 2018, while the Government is developing this list in full, all the changes that will occur can be seen in our article on this.



    Having trouble completing the paperwork?

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    3. Instructions, filing an application for an open tender under 223-FZ

    In order to accurately get into the lists of participants and win, you must:

    In order to do this, you need to study all the attached documentation and find out how you meet the stated requirements and how the customer company meets yours.

    2. ETP accreditation

    3. Obtaining an EDS

    To pass accreditation, and participate in any auction in electronic format, you also need to take care of.

    4. Competently prepare an application.

    5. Application security.

    Do not forget that the n-amount specified by the customer is blocked for securing an application for an ETP, take care of its presence on the company's account in advance.

    6. Selection of the winner.

    After you have made the application security and sent it to the customer, you need to wait until the commission selects the winner. If you win, go to the next step.

    7. Conclusion of the contract.

    The last stage is a very important component, it is the last one, after the winner is determined, a contract is signed with him. Examine the information contained in the contract again to make sure that the customer has not made changes to it. If you find inaccuracies - submit a protocol of disagreements.

    8. Disagreement with the results.

    You have the right to express your disagreement with the decision of the commission - by.

    Need help participating in e-platforms?

    Working with us you get competent advice from experts on all issues! Consult now - for free!

    4. Criteria for evaluating applications under 223-FZ

    After you have sent your application, the commission created by the customer must check the application for proper execution, as well as the availability of all required documents and security. Also, the commission will check if you are a member.

    Since the customer determines the points on which the assessment will be made, we will list the most common of them:

    • The total value of the contract.
    • A list with a description of the supplied products.
    • Technical and material resources performer.
    • The term and procedure for making payment.
    • Delivery date.
    • The presence of workers with the necessary qualifications to complete the transaction.
    • Availability of warranty obligations.

    These positions help the customer not to make a mistake when choosing a contractor. If the contestant who was selected as the winner evades signing the contract or its execution, then the customer can transfer data about him to.

    5. Video instruction for the purchase in electronic form according to 223-FZ


    For guaranteed results in tender purchases You can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small businesses, you can get a number of benefits: advance payments under government contracts, short time settlements, conclusion of direct contracts and subcontracts without a tender. and work only profitable contracts with minimal competition!