Learn everything about 44 fz. Public procurement training


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

What does 44-FZ regulate?

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

What does 44-FZ not regulate?

  • Procurement of services from international financial organizations.
  • Procurement of services for state protection of judges, officials, court participants and other people.
  • Purchases of precious metals and precious stones to replenish the State Fund.
  • Procurement related to the support of facilities and information systems for the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
  • Purchasing free legal assistance or defense in court.
  • Procurement of election commissions for elections and referendums.
  • Payment for participation in procurement.

Who adopts legal acts under 44-FZ?

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

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

Principles of the contract system

Important Definitions

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

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

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

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

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

Specialized electronic platform— a website with access via secure communication channels, where closed purchases are carried out.

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

Unified Information System (UIS)

Currently contains

  • Information about purchases, the ability to search for them,
  • Contract templates,
  • Standardization rules
  • Information on market prices for goods,
  • Procurement plans, schedules,
  • Reporting on executed contracts,
  • Register of unscrupulous suppliers.
  • Unified registration and register of procurement participants.
  • Unified catalog of goods, works and services.
  • Publication of procurement under RF PP No. 615 (major repairs).

Coming in 2020

  • A system for recording the actions of procurement participants in the Unified Information System and on 8 federal ETPs.

Access to information on the EIS is free. If information about the same purchase, customer, contract, etc. on the UIS and in another source is different, then priority goes to the information on the UIS.

EDI organization

Suppliers can apply to participate in procurement on electronic trading platforms. In cases determined by the government, electronic document flow may also pass through the Unified Information System. All documents are signed electronically:

  • Customers receive an electronic signature free of charge from the Federal Treasury. They work with it in the EIS and on the ETP.
  • Suppliers require a signature to participate in e-procurement. Since July 1, 2018, the system uses qualified signatures in public procurement. Suppliers can obtain a signature from an accredited certification authority.

National regime

The national regime was introduced to give advantages to suppliers of Russian goods and goods from other Eurasian Economic Community member countries. Read more about him here.

Procurement methods

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

Planning

Procurement plans*

Schedules

This is the basis for schedules.

You cannot make a purchase that is not included in the schedule.
  • ID code,
  • Target,
  • Object/objects,
  • Volume of financial support,
  • Implementation deadlines
  • Rationale
  • Information about technological complexity that limits the choice of supplier,
  • Is there a need for public discussion of the procurement? It is required if the purchase is more than 1 billion rubles.

The description of each purchase contains:

  • Name, number, requirements for goods and participants,
  • Purchasing method
  • NMC of each contract,
  • Additional requirements for procurement participants, if any,
  • The amount of security for the application and execution of the contract,
  • Month and year of procurement announcement,
  • Information about banking support of the contract,
  • Application of procurement evaluation criteria, etc.
Formed for 3 years. This is the validity period of the federal budget law. Formed for the financial year.
Plans can be changed.

Come into force within 10 working days after the budget is approved.

They are published in the Unified Information System, on their websites and in any printed publications within 3 working days after approval, unless they are a state secret.

Come into force within 10 working days after the budget is approved.

They are published in the Unified Information System within 3 working days after approval, unless they constitute state secrets.

The plan must justify the object of each purchase in accordance with standard costs.

The NMC must be justified in the schedule.

Customers also take into account procurement quotas in different ways and must make 15% of all purchases from small businesses and socially oriented organizations.

* From October 1, 2019, customers will plan purchases only according to 3-year schedules; purchase plans will be cancelled. Until the end of 2019, it is still necessary to draw up a procurement plan and schedule.

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

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

Created to make it easier to form and place government orders for bidding. In this case, the transaction becomes clear and transparent for the parties involved.

General provisions of 44 Federal Laws

The Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” contains the following important provisions:

  • General provisions of current legislation;
  • Government procurement planning;
  • Conducting public procurement;
  • Analysis of completed purchases and audit;
  • Control in the area of ​​purchases;
  • Filing a complaint against the customer (for example, an authorized institution) and considering ways to file a complaint;
  • Nuances when carrying out certain types of purchases of goods;
  • Final provisions.

Read the Federal Law on contract service

Key Points

  • Customers are required to plan purchases. To do this, they must submit plans and schedules annually. Similar plans are published in the Unified Information System;
  • Conditions for works, goods or services are established. If government procurement exceeds one million rubles, then it is discussed;
  • Order placement methods are controlled: closed auctions, electronic, requests for quotations, competitions;
  • The law prescribes methods to combat dumping.

What is the difference between Federal Law 44 and Federal Law 223?

The differences between Federal Law 44 and Federal Law 223 are hidden in the peculiarities of their use. Two seemingly similar laws differ in their actions.

The Contract System Law controls all stages of the trading procedure, including timing. The legislation applies to all procurement by government customers, with no exceptions. If procurement requirements were violated, the state customer will impose fines. Subsequently, such suppliers will be entered into the accounting register under the name of unscrupulous suppliers. In accordance with the content of this legislation, the customer is prohibited from terminating or changing the terms of the contract.

Law No. 223 describes the public procurement process in general terms. The specific stages of the transaction are not indicated here. Consequently, bidding can be carried out using various methods, which are pre-agreed. The conditions for participants, the timing of the stages of the transaction, as well as the supplier’s methods are indicated.

The procedure and conditions for procurement according to the law

In order to correctly make a purchase, government customers act in accordance with the procedure and conditions of Federal Law No. 44 and other regulations. Before making a purchase, information about it is posted in the UIS (Unified Information System) on the official website.

There are two types of purchases:

  • First level purchases;
  • Second level procurement.

In the first and second cases, the order executor is selected by the Competition Policy Department. All government procurement documents must be signed electronically.

You can purchase both goods and services, as well as works. After procurement is carried out, the government agency must publish information about this on the official website. The decision to conduct public procurement is confirmed by documents, among which there is an annual plan for carrying out such actions. From the moment the plan is approved, the customer is obliged to post this plan on the official web resource within five days after approval.

In order for the purchases to be carried out correctly, the organizer for their implementation is preliminarily determined. State-level purchases can also be made on a competitive basis.

Download the latest version of the law

The Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” in the latest edition can be downloaded from. To be the only supplier or win on a competitive basis, you need to study the instructions for dummies, which can be downloaded from.

Based on the name, this regulatory document regulates the implementation of a contract system for procurement for municipal and state needs. Simply put, the law makes the system of formation and placement of government orders for tenders, as well as its implementation, transparent and clear for all participating parties.

Here are the key factors of the above document:

  • Customers were required to plan purchases (provide annual schedules). At the same time, the created unified information system contains procurement plans, data on their implementation, registers of concluded contracts and unscrupulous suppliers, etc.
  • Requirements for goods, services, and works have been established. Including purchases worth more than 1,000,000,000 rubles are subject to mandatory public discussion.
  • Methods of placing an order are regulated: electronic, closed auctions, tenders, requests for quotations, purchases from a single supplier (subject to restrictions).
  • The law spells out ways to combat dumping (increasing security when the initial price of services is reduced by more than 25%).
  • Banking support for contracts has been introduced.
  • Preference when choosing a supplier is given to penal institutions, organizations of people with disabilities, small businesses and socially oriented non-profit organizations. Also, priority is assigned to innovative products.
  • Restrictions have been established on the purchase of foreign goods and services.
  • A mandatory unified register of bank guarantees has been introduced (both to secure applications and to ensure contract execution). In this case, electronic platforms are obliged to return to the participant both the security received and the income from it.
  • The procedure for amending and terminating contracts has been changed.
  • Public control over procurement has been introduced.

Below we will discuss some points.

For the purpose of execution...

Of course, writing and passing a law is not enough; what is more important is to take measures so that it can work correctly. For this purpose, legislative and executive bodies initiate the creation of various resources (the availability of which is provided for by law) and by-laws. All basic materials related to public procurement, including a list of ETPs, links to regulatory documentation, procurement plans, can be found on the website.

Electronic platforms

Today, five ETPs (electronic trading platforms) are official for conducting electronic trading and auctions for municipal or state needs:

  • CJSC "Sberbank-AST" ()
  • OJSC "Unified Electronic Trading Platform" (etp.roseltorg.ru)
  • RTS-tender LLC (www.rts-tender.ru)
  • CJSC "MICEX-Information Technologies" ()
  • State Unitary Enterprise "State Order Agency of the Republic of Tatarstan" ()

Procurement plans

As already mentioned, now all customers are required to draw up procurement schedules for the coming year. On the government procurement website you can use the search engine to find:

  • Procurement plan (by entering the name or register entry number of the plan, as well as by the name or TIN of the customer).
  • Procurement plans and schedules according to No. 44-FZ.
  • Requests for prices of works, goods and services under the law on the contract system in the field of procurement (by unique number, name of the procurement object, or by name or TIN of the organization making the request).
  • Standardization rules in the field of procurement (by number or name of the rule or by the name/TIN of the organization that posted it).

Registers

In order to implement the normative act, a register of unscrupulous suppliers has been created. In addition, from 01.08.2016, customers received the right to use the register of SMEs to determine the compliance of the procurement participant with aspects of classification as small and medium-sized businesses. At the beginning of October 2016, the Ministry of Telecom and Mass Communications announced its intentions to create an automatic register of bona fide suppliers. On the government procurement portal you can also find a register of organizations and a register of information on the amount of revenue (No. 223-FZ), a register of contracts and agreements.

Data on bank guarantees issued to suppliers to secure an application or ensure the execution of a contract is entered into the unified register.

The main mission of all the listed registries is to ensure customer protection ( he has the opportunity to immediately find out whether the supplier is included in the list of unscrupulous suppliers and obtain information about the guarantee, and also analyze the applicant’s experience of participation in tenders). But the supplier also benefits - he is given the opportunity to instantly find out the authenticity of the bank guarantee issued to him and find out about the potential customer of his services/goods/work.

Educational activities

The official government procurement portal declares training suppliers (and customers too) in the correct conduct of the competition/auction procedure and preparation for it as one of the most important areas of its work. User manuals are offered here: both in text and video format. Text materials are varied: a description of the UIS system, its capabilities and functions, rules for the formation and placement of procurement plans, guidelines for public discussion, control, audit, etc.

Problems and prospects for applying the Law on Public Procurement

Any law always needs to be tested and refined. The Ministry of Economic Development monitored the effectiveness of the UIS and identified a number of problems and shortcomings. They are reflected in the report on the results of monitoring the application of the document for the first half of 2016. For example, this report identified the possibility of various violations by customers:

  • incorrect indication by the customer of information about contracts placed in contract registers;
  • instructions by the customer to use a standard contract that does not comply
  • to the procurement object;
  • indication of units of measurement for the quantity of goods/volume of work/services that do not correspond to the procurement object;
  • attaching several contracts with different registration numbers to one procurement registration number, and vice versa - assigning different registration numbers to one contract.

At the moment, in order to improve the work of the Federal Law, a number of issues are being considered, including:

  • establishing the procedure for creating and maintaining a catalog of goods/works/services;
  • determining the criteria for including goods of Russian manufacturers/works/services manufactured/provided by Russian legal entities in the lists that establish prohibitions and restrictions on the admission of goods/works/services from foreign countries;
  • eliminating cases of sole suppliers (performers, contractors) identifying intermediaries in the implementation of government contracts;
  • establishing a closed list of grounds for unilateral refusal to execute contracts;
  • reducing the importance of subjective factors when evaluating applications;
  • limiting the terms of settlements under contracts;
  • improvement of the procurement control system;
  • introduction of an electronic complaints system;
  • establishing the procedure for calculating penalties, etc.

Hello, dear colleague! In today's article we will talk about schemes under 44-FZ. It just so happens and it has been scientifically proven that a person perceives and remembers large amounts of text worse,

rather than charts or tables. Remember the time when you were a student. I had to take a lot of notes during lectures, work with a large number of sources of information to write coursework and notes. And in order to somehow organize this amount of information in our heads, we drew various diagrams, tables and drawings. I am sure that many of you still use these tools.

However, there is another very powerful tool - mind maps (mental maps). This is a colorful, spatially organized learning tool that guides your memory and allows you to organize information and thoughts in such a way that your brain will act in the most natural and familiar ways from the very beginning. This means that the assimilation and subsequent recall of relevant information will occur much easier and more reliably than is the case when using traditional methods of study and note-taking.

So, why did I tell you all this now? For more than 2 years I have been using this method (mind maps) to teach government procurement to my subscribers and clients. And he has proven himself successfully.

Look now at 44-FZ, I have a Word file, made in 10 font on almost 150 pages. Agree that reading alone is not enough here, because... This is the law, and it is written in legal language that is difficult for most ordinary people to understand. When I suggested to my clients to first read 94-FZ or 44-FZ to start training, they were in quiet horror. It is much easier and clearer to perceive Federal Law 44 in diagrams where everything is ordered and laid out on shelves. This is how the idea of ​​creating mind maps arose, first for 94-FZ, and then for 44-FZ.

So what is it and what does it look like?

Currently it consists of 115 mind maps (schemes). Those. For each article 44-FZ, its own separate mind map has been prepared.

Below I have given you several mind maps from the collection. All pictures are clickable; after clicking on the picture, it will open in full size.

Article 31

Federal Law No. 44 was issued to regulate contractual relations in the field of government procurement of goods, works, and services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, and 5 days later it was approved by the Federation Council. The effective date of the law is April 5, 2013.

  1. (Art. 1-15) The general provisions of this law are described, i.e. in what area it is applied, basic concepts, principles of concluding contracts, etc.;
  2. (Art. 16-23) Rules for planning public procurement are described here;
  3. (Article 24-96) Describes the rules by which government procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have;
  4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
  5. (Art. 99-104) This chapter was frequently amended because it is one of the important components of Federal Law 44 for dummies; the articles in this chapter regulate control in the field of public procurement;
  6. (Art. 105-107) This part of the legislative act contains information on dispute resolution;
  7. (Articles 108-111) Each article in this chapter is devoted to the peculiarities of concluding and executing a contract for certain types of government procurement;
  8. (Art.-112-114) The last chapter contains final information of Federal Law 44 for dummies.

State authorities made changes to the above chapters on June 7, 2017. Federal Law 44 came into force for dummies on June 18, 2017.

To participate in government procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

  • meet the criteria specified in Russian legislation so that persons have the right to supply goods (services);
  • the supplier's company is not at the stage of bankruptcy or liquidation;
  • the activities of the supplier’s company are not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
  • the supplier’s organization has no debt obligations for taxes and fees;
  • the person acting as a potential supplier should not have a criminal record in the field of economic crimes;
  • according to 44 Federal Law for Dummies, there is no conflict of interest when concluding a contract;
  • The supplier's company does not belong to offshore organizations.

Conditions for public procurement:

  • All transactions for the purchase of goods (services) are concluded through a specially designed website;
  • Customers indicate their data in the system (data is indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
  • All potential suppliers have the right to find orders that are suitable for them in the search engine on the government procurement website, then take part in the auction;
  • According to 44 Federal Laws for Dummies, when the customer chooses the most profitable option for himself, he enters into a contract with the supplier. Based on the contract, the parties fulfill their obligations.

Federal Law 223 entered into force on July 18, 2011. Since its entry into force, changes have been made to it, as well as to Federal Law 44 for dummies. Both legislative acts regulate the procurement of goods, works and services, but they have a lot of differences (diagram of differences).

The procurement system in both laws is the same, but according to Federal Law 44 there is a limitation for dummies - government procurement is carried out only from one supplier.

The requirements for customers in both laws are different.

According to Federal Law 44 for dummies, the following can act as customers:

  • state budgetary institutions;
  • municipal.

According to Federal Law 223 for dummies, the following have the right to act as customers:

  • enterprises where the state share is more than 50%;
  • organizations engaged in certain types of activities - water supply, energy, etc.;
  • monopolistic organizations - gas, Russian Railways, etc.;
  • budgetary organizations that carry out public procurement using extra-budgetary funds (for example, through grants).

Procurement under 44 Federal Laws: where to start?

It is difficult to begin the procedure for participation in public procurement. All the most important things you need to know from Federal Law 44 on government procurement:

  • study Federal Law 44 for dummies;
  • prepare a package of documents confirming the organization’s rights to participate in the auction;
  • prepare a package of documents for the product (service) that meets the customer’s requirements;
  • develop a system of activities that are carried out before the conclusion of a contract;
  • appoint responsible persons for carrying out events.

To conclude a contract, it is necessary to take into account the deadlines established by Federal Law 44.

According to Federal Law 44 for dummies, government procurement is divided into:

  • competitions;
  • auctions (electronic ordering);
  • quotes;
  • government procurement from a single supplier.

To become a supplier, you need to study Federal Law 44 for dummies. You can download the Federal Law “On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs” at link.

You cannot make a purchase that is not included in the schedule. The description of each purchase contains:

  • ID code,
  • Target,
  • Object/objects,
  • Volume of financial support,
  • Implementation deadlines
  • Rationale
  • Information about technological complexity that limits the choice of supplier,
  • Is there a need for public discussion of the procurement? It is required if the purchase is more than 1 billion.

Not all banks' guarantees will be suitable for securing applications and contracts. From January 1, the requirements for banking institutions whose guarantees are allowed to be used to secure applications for participation in procurement under Law No. 44-FZ and for securing government contracts will be clarified. According to Art. 12 of Federal Law No. 267-FZ of July 29, 2017, the government approves the requirements for the size of the bank’s own funds (capital) and the level of its credit rating.

The procurement plan for goods, works, and services will become more detailed. Resolution of the Government of the Russian Federation dated January 25, 2017 N 73 stipulates that from January 1, in the procurement plan formed in accordance with the Federal Law on Public Procurement 44-FZ, it will be necessary to separately indicate the total amount of financial support provided for for purchases in the current financial year, planning period and in subsequent years - if such purchases are already planned. In addition, customers will have to detail the amount of financial support for each budget classification code and for each subsidy agreement.

Additionally, taking into account the amendments to the Budget Code of the Russian Federation introduced by Federal Law No. 178-FZ of July 18, 2017, the forms of the state task and the report on its implementation have been updated. 7. The register of sole suppliers will be made electronic and publicly available. From January 1, 2018, a register of sole suppliers of goods, the production of which is being created or modernized and (or) developed on the territory of the Russian Federation, should appear in the Unified Information System in the field of procurement.

This is provided for by Decree of the Government of the Russian Federation dated April 13, 2017 N 442. According to the approved rules (Resolution of the Government of the Russian Federation dated February 27, 2017 N 231), such a register will be maintained electronically by creating or changing register records in a unified information system in the field of procurement.

The Federal Treasury will update the data, and the database itself will be free and publicly available. 8.

If the regulations are violated in any way, there will be a fine. Unscrupulous entrepreneurs are already included in the lists.

Who is the customer? Any municipal institutions and state enterprises, the financing of which comes from the state budget. Any companies in which the share of government funding is more than 50%, budgetary institutions, monopolies, businesses performing regulated types of activities.

Who can be the supplier? Individuals and legal entities. Individuals and legal entities.

The contract price is specified by the participant in the application and is not subject to change.

  • It is prohibited to charge potential suppliers for participation in the procedure.
  • No later than two days before the deadline for submitting an application, the customer has the opportunity to decide to cancel the procedure or make adjustments to the notice.
  • Acceptance of proposals from participants stops immediately before the opening of the envelopes.
  • According to Part 2 of Article 78 of 44-FZ, the customer is obliged not to interfere with the procurement participant during the procedure of opening envelopes.
  • During the printing of envelopes with participants' proposals, the customer must conduct audio and video recording. This rule is established by part 5 of article 78.
  • The only disadvantage of requesting quotes is the inability to obtain information from applications even after they are opened.

  • Requirements for a participant in a quotation request.
  • A list of documents that a potential supplier must provide as part of its application.
  • Information about the provision of contract security, if any.
  • Information about the place and time of opening envelopes with proposals.
  • Possibility of unilateral refusal by the customer to fulfill contractual obligations.
  • Benefits that suppliers are entitled to receive in accordance with Articles 28, 29 and 30 of 44-FZ.
  • The customer must specify in the documentation the method for submitting applications. Electronic applications are legally allowed to be submitted only through the Unified Information System.

But until such functionality has been developed, the only option left is to submit proposals in a paper envelope. The use of email for these purposes is prohibited.

If you are a new supplier, participate in procurement under 44-FZ. He explains the rules of work to the participants in detail and tells how to choose the winner.

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

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

Several important changes for auction participants and bidders will come into effect next year. The editors of PPT.ru have prepared an overview of the main amendments to the legislation in the field of procurement under 44-FZ and 223-FZ, so that readers are aware of the innovations.

Amendments for customers and suppliers under Law No. 223-FZ 1. SMEs will have more customers. In 2018, the provisions of the Government Decree of November 15, 2017 will come into force. N 1383, which provides, among other things, for expanding the list of companies that are obliged under 223-FZ to purchase goods, work and services from small and medium-sized businesses (SMEs). In particular, state-owned companies with annual revenues exceeding 0.5 billion rubles and autonomous institutions whose annual procurement volume exceeds 250 million rubles will be required to comply with procurement quotas.

44 Federal Laws briefly and clearly 2018 how to check ointments

The external management procedure is introduced for a period

Why do you need a land assessment?

How to write a divorce application correctly if

  1. Sberbank-AST
  2. AGZRT
  3. RTS-Tender
  4. National electronic platform (formerly MICEX)
  5. Russian auction house

Federal authorities

  1. Ministry of Economic Development of Russia - regulates and adopts regulations
  2. FAS - controls and punishes
  3. Rosoboronzakaz - regulates defense orders and state secrets
  4. "Rosatom"
  5. "Roscosmos"

What does 44-FZ regulate?

  • Planning, monitoring and audit of procurement.
  • Selection of suppliers.

And if the amount of annual purchases exceeds 100 million rubles, then specialized units should work.

44 federal laws for dummies - briefly about the main thing

Brief overview of changes under 44-FZ

Federal Law No. 44 can be characterized as more clear; it defines the entire procedure in stages, indicating specific deadlines and other nuances of public procurement, in contrast to the second legal act. According to Federal Law 223, the customer himself approves the provision in which the procurement and tendering procedure is spelled out in detail. Reviews Nikolay Lifar, 37 years old, Voronezh. To begin the procurement procedure, you must first understand the timing, as well as the process of placing documentation.

Provisions for public procurement under Federal Laws 44 and 223

Control over the procurement of individual companies will be tightened. From March 1, 2018, in relation to state-owned companies and their subsidiaries that annually purchase in excess of 1 billion rubles, they will begin to assess the compliance of draft plans for the purchase of goods, works, services, draft plans for the purchase of innovative products, high-tech products , medicines, draft changes made to such plans. The same documents will be checked from municipal companies and their subsidiaries if their purchase volumes exceed 50 million rubles, as well as from credit companies whose annual revenue from the sale of services exceeds 500 million rubles.

And from June 1, 2018, SME Corporation JSC will begin to monitor the compliance of plans of subsidiaries of state corporations and state-owned companies purchasing in the amount of 250 million to 1 billion rubles.

Preparing quotation documentation

EDI organization Customers receive an electronic signature free of charge from the federal treasury. They work with it in the EIS and on the ETP. Suppliers need a signature to participate in the electronic auction.

Only a non-qualified signature, which can be obtained from an accredited certification center, will do. From July 1, 2018, the public procurement system switches to qualified signatures.

National regime National regime was introduced to give advantages to suppliers of Russian goods and goods from other Eurasian Economic Community member countries. We wrote more about it. Methods of procurement Depending on the source of income, government customers can conduct procurement under both 44-FZ and 223-FZ.

According to 44-FZ, if an organization spends budget money. According to 223-FZ, if it spends its own and it has a procurement provision. Planning Procurement plans Schedules This is the basis for schedules.

Changes in procurement in 2018: overview of changes to Federal Law 44

Procurement Under this Law, closed or open tenders may be held. Limited participation tenders, electronic auctions, requests for proposals and price quotations may also be held.

Purchasing from one supplier is limited. There are two mandatory methods of procurement: competition and electronic auction. Electronic platforms There are only five platforms for electronic trading.

There are more than a hundred platforms, and customers are not limited in their choice. The need for a signature on the ETP You can get by with an unqualified signature.

Depending on the ETP, you can use either a qualified or unqualified signature. Application deadlines All customers strictly adhere to the prescribed deadlines for each specific stage.

The deadlines are determined by the customer himself, stating them in the regulations.

Termination of the contract or amendments to its clauses According to Federal Law No. 44, the customer cannot terminate the contract independently or make changes to it. According to Federal Law No. 223, any customer has the right to change the terms of the contract.

Conditions such as scope of work, price and timing may be subject to change. Appealing actions The Law clearly defines the entire procedure for filing a complaint against the actions of a customer. The complaint must be in writing and submitted to the local FAS office. After this, the complaint must be published on the official website of public procurement, and such publication should be made no later than 2 days from the moment it was received by the authorities. The authorities must consider the complaint, analyze it and make a decision within 5 days from the date of its filing. According to Federal Law No. 223, filing a complaint against the customer’s actions is also possible. Written complaints are also submitted to the FAS authorities.

If the NMCC is less than 250 thousand rubles, then the period is extended by no less than 4 working days. If the NMCC is more than 250 thousand rubles, then for no less than 7 working days. Article 74 part 6 Printing of envelopes with proposals from potential suppliers On the day the submission of proposals ends Article 78 part 1 and 8 Placing a protocol for printing envelopes in the Unified Information System On the day of its formation Article 78 part 8 Provision by the customer of explanations of the results of evaluating participants’ proposals if a corresponding request is received For two working days from the date of submission of the request Article 78 part 10 Transfer to the winner of the request for quotations of the executed contract along with a copy of the final protocol Within two days from the date of execution of the final protocol Article 78 part 8 General period for concluding the contract No less than 7 and no more than 20 days from the date of publication of the final protocol.

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