Federal Law No. 223-FZ is quite flexible and loyal, which is why many call it a “framework”. A number of its provisions only outline the general regulatory structure, without setting rigid boundaries or inviolable boundaries.
So such an area as the types and methods of procurement under 223-FZ is largely determined by the subjects of this legislative act themselves, subject to compliance with the general conditions.
Types of procurement required by 223-FZ
According to the law “On the procurement of goods, works, services by certain types of legal entities,” each organization operating in accordance with its norms is obliged to develop, agree on, approve and publish its own Regulations regarding the rules of procurement, including their types and methods.
The only clear rule that the subjects of this act must comply with is the mandatory inclusion in the Regulations of such types of procurement as electronic competition and electronic auction under 223-FZ. Again, we draw your attention to the fact that it is mandatory to include these forms in the Regulations, and not to practice them in the course of procurement activities.
223-FZ: types of procurement and their diversity
As you can see, customers working under Federal Law No. 223-FZ have every right to carry out their purchases in the ways that are convenient for them in certain situations. Among the most common procedures in accordance with which electronic trading is carried out today under 223-FZ, there are competitive and non-competitive. A non-competitive type of procurement is procurement from a single supplier.
Competitive procurement includes:
- competitions - two-stage, selective, open, closed, etc.;
- auctions - open and closed;
- requests for proposals;
- competitive negotiations.
Among other things, a customer working under 223-FZ can establish his own types of procurement, which have never been practiced before.
All this allows the auction organizer to conduct his procurement activities with maximum efficiency and with a minimum of time losses, applying an individual procedure to each specific case.
For example, requests for quotations are carried out when there are a number of purchases with a small cost, and there is simply no point in holding a “big” tender.
Selective competition is announced as an alternative to closed and open tender. Any suppliers can submit their competitive bids, but only those who are “allowed” by the customer will be allowed to participate.
There is also such a type of procurement as competitive negotiations. They are usually organized if the subject of procurement is of a complex nature and requires consultation and discussion. Such negotiations are carried out in accordance with the customer’s requests and plan.
All purchases under Federal Law 223 go to the website
On our portal you will find various types of competitions and auctions under 223-FZ and take an active part in them. We will help you:
- complete all documents correctly and in a timely manner;
- provide collateral profitably and on time;
- draw up a competitive application;
- beat all your competitors.
The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation
Congratulations on the holiday of MARCH 8!
06.03.2019
With the first days of spring comes the most feminine holiday of the year - March 8th! The Biko company congratulates all women on the holiday and wishes them much happiness, health and prosperity!
Decree of the Government of the Russian Federation dated November 11, 2015 No. 1217 established new requirements for procurement carried out in accordance with the rules of Law No. 223-FZ. These requirements come into force on January 1, 2016 and consist of the following key changes:
- Expanding the list of products purchased exclusively in electronic form.
- Introduction of new classifiers OKVED 2 and OKPD 2.
Electronic procurement
The current version of the Government of the Russian Federation of June 21, 2012 No. 616 contains a list of 12 well-known product items that customers are required to purchase in electronic form - this is water, stationery and printed materials, office and some other equipment, cars and trailers for them, services their repair and cleaning of buildings. With the changes approved by Resolution No. 1217, this list increases more than 10 times.
Even in an enlarged form, the customer’s obligation to conduct electronic procurement now extends to the following groups of goods:
- Medical products (dressing materials, pharmaceutical rubber products, vessels for drugs, instruments, prostheses, medical furniture, etc.).
- Container (wooden, metal).
- Computer, electronic, optical, writing, copying equipment.
- Cash registers.
- Office furniture.
- Air filters, fuel filters.
- Equipment for nuclear reactors.
- Transformers and electrical installation equipment.
- Conveyors.
- Machine tools.
- Cars, buses, trucks, trolleybuses.
- Scales and handling equipment.
- Metal structures and fasteners.
- Various types of stationery (from buttons and trays to binders and felt-tip pens).
- Printed products (including books, magazines, calendars).
- Application software.
- Audio and video recordings.
- Printing and video recording services.
- Car sales, towing, technical inspection and repair services.
- Services for retail trade of fuels and lubricants.
- Warehousing services.
- Cleaning and tidying services.
- Computer and equipment repair services.
Components for the equipment listed above (including internal combustion engines) are purchased electronically, as is the equipment itself. There are also additional categories, not reflected in the above list, such as clothing for maintaining physical fitness, playing cards or metal magnets. In total, the list of Resolution No. 616 as amended by Resolution No. 1217 contains more than 150 items.
With this approach, a correct understanding of the very essence of e-procurement becomes even more important. Law enforcement practice has developed an unambiguous interpretation of the requirement of Law No. 223-FZ in the sense that only purchases carried out on an electronic trading platform can be considered electronic procurement. At the same time, all stages of the procurement must be implemented on the ETP - from publication of the notice to publication of the final protocol (and not just its individual elements).
Exactly this understanding has been established at the legislative level since 2016 by amendments to Law No. 223-FZ. The same amendments establish the concept of an electronic platform. For more than a year, electronic procurement under Law No. 223-FZ will be carried out in the current mode on those sites chosen by the customers themselves. During this time, it is planned to select universal electronic platforms, to which in 2017 it is planned to transfer purchases carried out according to the rules of 223-FZ.
Here it is important to recall that even after the entry into force of Resolution No. 1217, the customer can independently choose for procurement in electronic form not only an electronic platform that is convenient for him, but also the specific method of procurement in which he will conduct it - this, as today, may not be only an electronic auction, but also an electronic tender, an electronic request for quotations or an electronic request for proposals.
New classifiers
Classifiers OKVED 2 and OKPD 2 for procurement under Law No. 223-FZ came into force on January 1, 2016. Changes, approved. Resolution No. 1217 provides for their use in the following cases:
- When compiling a list of products purchased from small and medium-sized businesses (clause 5 of the changes).
- When drawing up a procurement plan (clause 3 of the changes).
- When placing a notice of purchase (clause 2 of the changes).
- When compiling a list of information included in the register of unscrupulous suppliers (clause 4 of the changes).
The All-Russian Classifier of Types of Economic Activities (OKVED2) OK 029-2014 (NACE Rev. 2) and the All-Russian Classifier of Products by Types of Economic Activities (OKPD2) were approved by Order of Rosstandart dated January 31, 2014 No. 14-st. The same order canceled the following from January 1, 2016:
- All-Russian Classifier of Types of Economic Activities (OKVED) OK 029-2001 (NACE Rev. 1).
- All-Russian Classifier of Types of Economic Activities (OKVED) OK 029-2007 (NACE Rev. 1.1).
- All-Russian Classifier of Types of Economic Activities, Products and Services (OKDP) OK 004-93.
- All-Russian classifier of products by type of economic activity (OKPD) OK 034-2007 (KPES 2002).
- All-Russian Classifier of Services to the Population (OKUN) OK 002-93.
- All-Russian Product Classifier (OKP) OK 005-93.
The new classifiers also have official websites: OKVED 2 And
Today the law does not have an unambiguous definition of what electronic procurement is under 223-FZ. FAS Russia and law enforcement agencies insist that the electronic form of procurement completely eliminates paper document flow. In practice, not all customers follow this definition. Let's discuss the problems and risks of customers when choosing an electronic form of procurement today.
Methods of procurement in electronic form under 44-FZ and 223-FZ
Currently, government customers have responsibilities for conducting electronic procurement (Federal Law No. 44-FZ dated April 5, 2013). They are required to conduct an electronic auction for the purchase of products included in the list determined by the Government. Auction list The auction list was approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-R. That is, not only the form of procurement is fixed here: electronic, but also the only possible way to determine the supplier is proposed.
There are also customers who work under Law No. 223-FZ. They have a list of products that they purchase electronically, but they decide for themselves in what way. This could be a competition, it could be an auction, or it could be a request for quotations, a request for proposals, or something else independently invented by the customer and enshrined in the Procurement Regulations. That is, the electronic form is mandatory for them, and they choose the method independently. Regional authorities and local governments may establish additional restrictions for certain categories of customers regarding the choice of electronic procurement method.
All categories of customers under 223-FZ can voluntarily conduct electronic procurement.
223-FZ: list of purchases in electronic form:
The list of goods, works, and services that customers are required to purchase in electronic form under 223-FZ is exhaustive, approved by Decree of the Government of the Russian Federation dated June 21, 2012 No. 616. It includes:
- paper yarn;
- cords, rope and rope products, not included in other groups;
- special clothing for maintaining physical fitness (anti-overload, prophylactic-stress, prophylactic suits);
- wooden container;
- pulp, paper and cardboard;
- a complete list of goods, works and services, the purchase of which is carried out in electronic form in accordance with 223-FZ.
Every time a customer needs a product, work or service from this list, he is obliged to conduct a purchase in accordance with 223-FZ in electronic form.
What to do if the customer is making a purchase that includes both items included in the List and goods (works, services), the purchase of which is not additionally regulated? It is recommended to separate purchases that must be carried out electronically into a separate lot. If this cannot be done, it is better to focus on the 5% threshold.
According to the general practice of regulatory authorities, it is allowed to include in a lot that contains mixed products no more than 5% of those goods, works and services that must be purchased electronically. We are talking about value terms in relation to the initial maximum price.
Procurement under 223-FZ - distance training course at the School of Electronic Trading. Training is carried out taking into account all legislative changes. The customer will learn to draft documents correctly, and the supplier will learn to read and understand them correctly. An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”. Certificate of advanced training 72 hours.
Exceptions to the rules
Are there exceptions when the purchase of products from List No. 616 is allowed to be carried out in non-electronic form? It turns out there is:
- the transaction amount does not exceed 100,000 rubles;
- the transaction or product (group of goods) is included in the approved list, information about which is not subject to posting on the official website;
- the information contained in the notice, procurement documentation or draft contract contains information related to state secrets;
- the need for procurement arose as a result of an emergency, force majeure, the need for urgent medical intervention, natural or man-made emergencies, as well as in order to prevent the threat of their occurrence. In this part, customers are recommended to have documentary evidence that unforeseen circumstances actually occurred that were impossible to predict. If an accident occurs, it is better to draw up a confirming report. Ideally, such an act should be signed not only by the customer’s employees, but also by third disinterested parties. But if the customer has too many emergency and unforeseen situations, this is a reason for controllers to think about whether these acts correspond to reality. Perhaps the acts are fake;
- the purchase is subject to the terms of purchase from a single supplier in accordance with the Procurement Regulations approved by the customer. This rule means that, in fact, the customer may not purchase from List No. 616 electronically at all, but can make do with purchasing from a single supplier. If it states such a right in its Procurement Regulations, of course. But such resourcefulness of the customer is actually an abuse, because... “in its pure form” does not correspond to the goals and principles of the legislation on the contract system. Most likely, as amendments to 223-FZ come into force, this practice will become impossible. Therefore, customers are recommended to adapt to electronic forms of procurement procedures and learn to work on electronic trading platforms.
The customer, by his Regulations, can expand the list of goods, work, services that he will purchase in electronic form. By voluntarily accepting such an obligation, the customer also bears responsibility for the fulfillment of these obligations.
How can a customer organize an electronic procurement form under 223-FZ?
Once the customer has decided that goods, works, and services are to be purchased electronically, he must understand how to organize this form of procurement. Today there is no clear definition of what electronic procurement is and how to carry it out. The customer is obliged to establish the rules and procedure for such procurement in its Regulations.
You can focus on intergovernmental agreements and be guided by similar norms of the Contract System:
- “Electronic procurement form (format)” is a procurement procedure carried out using Internet networks, web portal and (or) electronic trading platform(electronic platform), as well as software and hardware (Agreement on state (municipal) procurement, concluded on December 9, 2010).
There is a similar definition in 44-FZ:
- Within the framework of relations aimed at meeting state and municipal needs, exchange of electronic documents is allowed, provided for by the legislation of the Russian Federation and other regulations on the contract system in the field of procurement, between participants in the contract system in the field of procurement, including filing applications for participation in determining the supplier (contractor, performer), final proposals (Part 1 of Article 5
- An auction in electronic form (electronic auction) means an auction, the holding of which is ensured by on the electronic platform by its operator(Part 1 of Article 59 of the Law on the Contract System).
But these approaches are not enshrined in the framework of 223-FZ. This means they cannot be the ultimate truth. The only regulator that provided clarification on the electronic procurement form under 223-FZ is the antimonopoly service.
The letter of the FAS Russia dated July 2, 2014 No. ATs/26473/14 states: “... can be considered as procurement in electronic form exchange of electronic documents between the customer and the procurement participant in accordance with the requirements for a specific procurement method, established in the procurement regulations". Some customers interpreted this clarification subjectively and broadly: they did not hesitate to request documents on paper in parallel with electronic form, and obliged the procurement participant to appear at one or another stage of the procurement procedure. There were cases when customers collected applications electronically, but participants had to appear in person to submit price proposals.
To eliminate such incorrect interpretations, the FAS Russia clarifies: “... a procurement procedure in which excluded exchange of paper documents between the customer and procurement participants in accordance with the requirements for a specific procurement method, as well as obligation of the procurement participant to be present at certain stages of the procurement procedure.” Customers are advised to follow this clarification from the FAS until amendments to 223-FZ come into force and an unambiguous formulation of the concept of “electronic procurement” appears.
The FAS position is reflected in practice
Let's look at a few examples.
Decision No. 223FZ-119/15 based on the results of consideration of the complaint of the FSUE “Spetsstroyservice under Spetsstroy of Russia” against the actions (inaction) of the customer JSC “CIUS UES”. The customer required envelopes to be presented on paper at the address and location of the customer. Considering the complaint, the FAS Russia commission recognized the customer’s actions as unfounded, unlawful, and inconsistent with the provisions of the Procurement Regulations and revealed a violation of Part 1 of Article 2 of the Procurement Law.
The situation in the Moscow metro. The customer purchased a video surveillance system for the Moscow metro. A competition was held. In terms of price parameters and other characteristics, the competition was really appropriate. But a contradiction was discovered in the Procurement Regulations: the customer prescribed the conditions for holding an electronic auction, compiling an electronic list that included goods, work, and services included in the lot in respect of which the complaint was filed. On the one hand, it is more expedient and efficient for the customer to hold a competition, on the other hand, the direct norm of the Procurement Regulation obliges him to hold an electronic auction. The procurement procedure was cancelled. The customer changed the Procurement Regulations and nevertheless carried out a competitive procedure that reflected its objective needs.
Based on these two decisions, one cannot conclude that controllers always stand on the side of the participant in the procurement procedure. No. If the customer has correctly prescribed the procedure for conducting the electronic procurement form and strictly complies with it, any regulatory authority will be on the customer’s side. Here's an example.
Decision No. 223FZ-137/14 based on the results of consideration of the complaint of UVZ-Service LLC, GTR LLC, BT (Rus) LLC. The customer carried out the purchase electronically. The participant was lazy or did not want to undergo accreditation on the electronic platform and brought the application on paper. The application was completed in full accordance with the documentation and contained all the necessary documents, but the participant violated the procedure for submitting the application. The customer did not receive the application in electronic form before the deadline for submitting applications. The application in paper form was returned to the participant without consideration. The participant filed a complaint, which was found to be unfounded. The customer was reasonably guided by the Regulations and complied with the principles of the electronic procurement form. He was not obliged to accept the application in paper form.
Some courts support this position. In general, judicial practice is contradictory, but is gradually approaching the understanding formed by the antimonopoly service. In particular, the Federal Antimonopoly Service of the Moscow District in its resolution dated December 2, 2013 No. F05-14297/2013 in case No. A40-4091/13-152-41 noted: “... specified in the Procurement Law and Decree of the Government of the Russian Federation of June 21, 2012 N 616 “On approval of the list of goods, works and services, the procurement of which is carried out in electronic form”, the electronic form implies the implementation by persons participating in the procurement, including the customer, of all actions using electronic means and thus eliminates the possibility of using paper documents" Interestingly, Moscow courts also made opposite decisions, allowing part of the application to be submitted on paper. But you should not focus on such a position. It will not be supported by the antimonopoly service or the prosecutor's office. FAS Russia and law enforcement agencies insist that the electronic form of procurement completely eliminates paper document flow.
Electronic procurement under 223-FZ in the Procurement Regulations
Let's consider two possible options for the customer. Both are risky, but it is currently impossible to organize the process any other way.
Option 1: accept applications by email
Let's say the customer has established in the Procurement Regulations that for him the electronic form of procurement is the exchange of letters via an electronic mailbox. Equality and fairness will have to be ensured, starting from the application stage. The customer assumes obligations, the fulfillment of which, in fact, does not depend on him. It must ensure uninterrupted operation of the electronic mailbox, which may stop working due to technical reasons of the provider.
It is possible that a participant submitted an application from a person who does not have the right to submit an application. In this case, the customer bears the risk of failure to fulfill obligations under the contract.
Let's say everything went smoothly and all applications arrived in the required form. The question remains open: how does the customer guarantee immediate access to applications? There is a high probability that the customer will open applications before the date indicated in the documentation, creating preferential conditions for participation by certain persons.
At the stage of filing applications and opening them, there are the greatest corruption risks. There is a high probability of violation of Part 1 of Article 17 of the Law on Protection of Competition when the customer can coordinate the actions of participants in the procedure and provide information about the content of participants’ applications to other persons, including competitors.
Another problem is in the procurement procedure. How can a customer organize an auction or rebidding using an electronic mailbox? Possible, but not transparent.
Conclusion: It is too risky for the customer to purchase electronically by exchanging emails via an email account. This is possible, but it will create more difficulties than it will make the job easier.
Option 2: organize an electronic procurement form through an electronic platform operator
If the Procurement Regulations stipulate that the electronic form of procurement involves the use of the services of an operator of an electronic trading platform, the customer bears full responsibility for the actions of this operator. After all, while there are no amendments to 223-FZ, there is no such entity as an “Electronic Platform Operator”: neither an entity as a participant in the procurement cycle, nor a subject of responsibility within the framework of 223-FZ.
Unfortunately, not all sites guarantee proper and uninterrupted operation. Possible failures and disruptions in the operator’s work will be attributed to the customer’s fault. In the event of a complaint, it is the customer, and not the site operator, who will receive the appropriate order. And if the site operator does not meet the customer halfway and does not allow the actions prescribed by the antimonopoly authority to be performed, the customer may be fined for failure to comply with the order of the regulatory authority. The amount of such a fine is up to 500,000 rubles!
Advice to customers: Choose your carrier carefully. Write down how you will share responsibility.
We recommend that customers make the following reservation in the Procurement Regulations. Please indicate that the procedure for conducting a specific procurement method, which is prescribed in your Regulations, and the procedure for conducting it on the ETP may differ, taking into account the functionality of the ETP operator.
Otherwise, if the site operator does not guarantee 100% compliance with your Procurement Regulations, then any actions within the framework of this procurement procedure may be considered unreasonable, inconsistent with the Procurement Regulations, and the customer’s actions will be qualified as a violation of Part 1 of Article 2 of the Procurement Law . This violation does not entail administrative consequences, but based on such a decision, the customer may receive an order forcing him to make changes to the procurement procedure or replay one or another stage of the procurement.
How should it be?
Amendments have been prepared to 223-FZ, which will finally give an understanding of what an electronic form of procurement is and how to carry it out. The site operator must become a full-fledged subject of the procurement process, his actions can be appealed, and liability will be provided for him in the Code of Administrative Offenses of the Russian Federation.
Legislators have put forward a number of initiatives that regulate electronic procurement. First of all, this will allow you to track every action of any participant in the procurement process.
Today, it can be difficult for participants to understand how to submit an application, in what place, and it is also difficult to subsequently prove that the customer created obstacles when submitting an application. If the amendments are adopted, all stages of the procurement procedure will be clear, identical for everyone and easy to control.
One of the largest fines is provided for non-electronic procurement, which must be carried out only in electronic form (in accordance with the Decree of the Government of the Russian Federation No. 616). Fine for an official - from 10 to 30 thousand rubles, for a legal entity - from 100 to 300 thousand rubles. If such a violation is repeated more than twice, the official will be fined from 40 to 50 thousand rubles, or disqualified (by a court decision).
If the procurement procedure must comply with 44-FZ, but the customer did not conduct it in accordance with 44-FZ, then a fine of 20 - 30 thousand rubles is imposed on the official, and from 50 to 100 thousand rubles on the legal entity.
There are also fines for:
Violation of publication deadlines and failure to place mandatory information in the Unified Information System;
Violation of publication deadlines and failure to post changes to the Procurement Regulations in the Unified Information System;
Failure to comply with notice and documentation requirements;
Presentation of requirements to the participant that are not specified in the documentation;
Failure to comply with a lawful order or decision;
Failure to provide or violation of deadlines for provision, or provision of knowingly false information about unscrupulous suppliers (if the participant avoids concluding an agreement, or the agreement with the participant was terminated by a court decision due to improper performance).
Procurement methods implemented on the OTC-tender electronic platform:
- Auctions (open, closed);
- Reductions;
- Competitions (open, closed, price, for concluding a framework agreement, with prequalification, with rebidding);
- Requests for prices/proposals (open, closed, with pre-qualification, two-stage, multi-criteria, with rebidding);
- Competitive negotiations (open, closed, with pre-qualification, multi-stage);
- Purchasing from a single source.
Why is e-procurement better than traditional procurement?
Conducting purchases electronically is more profitable and easier. They can be carried out not only in relation to GWS specified in Resolution No. 616.
When purchasing in a non-electronic form, the customer must accept applications, keep a log of applications, and ensure their proper storage.
When conducting procurement in electronic form without the use of electronic trading platforms (ETP), a number of problems also arise related to the receipt and storage of applications.
The largest customers strive to conduct the maximum number of purchases electronically:
- Rosatom: 100%
- Moscow metro: 100%
- Rostelecom: 75%
When working on an ETP, remote work is also possible; all you need is an electronic signature.
Cost of work on the OTC-tender site
Accreditation at the site is completely free.
All services for customers are free.
The fee is charged only to the participant who is the winner of the procedure. If the purchase cost is up to 500 thousand rubles, then the fee is 1% of the initial (maximum) price, if the cost is higher, the fee is 5 thousand rubles.
It is also possible for the supplier to pay for participation in the auction in the form of an unlimited license, which involves a one-time payment for using the software for three, six or twelve months in the amount of 20,000 rubles, 35,000 rubles and 60,000 rubles, respectively.
Stages of OTS implementation.RU(transition time to the electronic platform ranges from 2 days to 2 weeks)
1. Accreditation for OTS.RU. You must apply for accreditation. A personal manager is assigned to each customer. You can find out more about your manager by calling OTS.RU.
2. Preparing for trading. Practical training for ETP users. Setting up your personal account is carried out together with your personal manager.
3. Conducting procurement (publication of notice, consideration of applications, selection of winner)
Education
Possible training options:
Full-time practical training for employees in a computer lab
- Each employee, under the guidance of a teacher, carries out a number of purchasing procedures on educational versions of the OTS.RU sites
In-person practical training for employees in presentation format
- The teacher, in a presentation format, conducts a number of procurement procedures on the OTS.RU training site
Correspondence training in the form of a webinar
- The teacher demonstrates work on the site using conference calls (online broadcasting)
Questions from listeners
Question: Maintenance of a car worth up to 100 thousand rubles. under 223-FZ is also carried out in electronic form?
Answer: If the Regulations stipulate that purchases up to 100 thousand rubles. are carried out from a single supplier, then the customer can purchase from a single supplier, including not in electronic form.
Question: If the Procurement Regulations indicate that the customer has the right to purchase GWS in the amount of up to 1 million rubles. from a single supplier, can a customer purchase GWS from the List in non-electronic form for an amount exceeding 100 thousand rubles?
Answer: In this case, the customer can purchase GWS included in the List, not in electronic form, if the cost does not exceed 1 million rubles.
Question: How is purchasing from a single supplier carried out?
Answer: On the OTC-tender site you can place a notice of purchase from a single supplier. This will not be an electronic procurement, but the data will be integrated into the Official Website.
In addition, the Group of sites has an online store for purchasing small volumes of OTC-market.
Question: It is planned to purchase works for the reconstruction of the building. What law does this purchase fall under?
Answer: If money is allocated to an autonomous institution, state unitary enterprise, municipal unitary enterprise from the budget system, then the purchase is carried out in accordance with 44-FZ, if the funds are extra-budgetary, then in accordance with 223-FZ. Article 15 of Law No. 44-FZ.
Question: What documents must be placed when purchasing food products from a single supplier in the amount of 120 thousand rubles?
Answer: If one contract for the purchase of food products is concluded for 120 thousand rubles, then such a purchase is included in the procurement plan indicating the procurement method “from a single supplier”, a notice, procurement documentation, a draft contract, and a protocol are published on the Official website. The purchase is included in the monthly report.
Question: Is the customer obliged to prepare a notice, procurement documentation and publish this information on the website if this is a purchase worth up to 100 thousand rubles?
Answer: 223-FZ states that if the purchase does not exceed 100 thousand rubles. (500 thousand rubles), then information about it may not be published.
Question: After making changes to the Procurement Regulations and the procurement plan, you can work on it only 10 days after its publication. Is this true?
Answer: 223-FZ does not establish such a norm. The amended Procurement Regulations come into force from the moment of its publication on the Official Website. In accordance with 223-FZ, the customer must publish changes to the Regulations within 10 days from the date of their adoption.
If it is necessary to establish a period after which the amended Regulations published on the Official Website begin to apply, then this should be stated in the Regulations.
Question: Is it possible to establish in the Procurement Regulations that purchases worth up to 300 thousand rubles. are carried out from a single supplier? And can the customer not publish documentation about such purchases?
Answer: The customer may establish such a condition in the Procurement Regulations. Purchase documentation up to 500 thousand rubles. Customers whose revenue for the past year exceeds 5 billion rubles have the right not to publish. For everyone else, this threshold is 100 thousand rubles; all purchases below this amount must be published, regardless of the form and method of its implementation.
Question: How to justify the price correctly?
Answer: 223-FZ does not establish the obligation to justify the price. If the customer considers it necessary to justify the price, this should be stated in the Procurement Regulations. However, for large purchases, it is advisable to display the price justification and keep it for internal use.
Question: An autonomous institution plans to purchase work on autonomous heating at the expense of the regional budget. What law does this purchase fall under?
Answer: If such a purchase relates to capital investments, then the autonomous institution must act in accordance with 44-FZ, if not, then in accordance with 223-FZ. There is no single list of investments that qualify as capital, and many customers send requests to the Ministry of Economic Development for clarification.
There are no new articles that have not entered into force.
When carrying out competitive procurement in electronic form, participants in such procurement send requests for clarification of the provisions of the notice of competitive procurement and (or) documentation on competitive procurement, placement of such clarifications in the unified information system, submission of applications for participation in competitive procurement by participants in electronic form procurement in electronic form, final proposals, providing the commission for the implementation of competitive procurement with access to the specified applications, comparison of price proposals, additional price proposals of participants in competitive procurement in electronic form, the formation of draft protocols drawn up in accordance with this Federal Law, are provided by the operator of the electronic platform on electronic platform.
An operator of an electronic platform is understood as a commercial organization, a legal entity created in accordance with the legislation of the Russian Federation in the organizational and legal form of a limited liability company or non-public joint stock company, in the authorized capital of which there is a share of foreign citizens, stateless persons, foreign legal entities or the number of voters shares owned by these citizens and persons is no more than twenty-five percent, owning the electronic platform, including the equipment and software and hardware necessary for its operation (hereinafter also referred to as the software and hardware of the electronic platform), and ensuring the conduct of competitive procurement in electronic form in accordance with the provisions of this Federal Law. The functioning of the electronic platform is carried out in accordance with the rules in force on the electronic platform and the agreement concluded between the customer and the operator of the electronic platform, taking into account the provisions of this article.
To participate in competitive procurement in electronic form, a participant in competitive procurement in electronic form must obtain accreditation on the electronic platform in the manner established by the operator of the electronic platform.
The exchange of information between the participant in competitive procurement in electronic form, the customer and the operator of the electronic site, information related to obtaining accreditation on the electronic site and the implementation of competitive procurement in electronic form, is carried out on the electronic site in the form of electronic documents.
Electronic documents of a competitive procurement participant in electronic form, a customer, an operator of an electronic platform must be signed with an enhanced qualified electronic signature (hereinafter referred to as the electronic signature) of a person who has the right to act on behalf of, respectively, a competitive procurement participant in electronic form, a customer, an operator of an electronic platform.
Information related to the implementation of competitive procurement in electronic form is subject to placement in the manner established by this Federal Law. Within one hour from the moment of posting, such information must be posted in a unified information system and on an electronic platform. Such information should be available for review without charge.
Within one hour from the moment of posting in the unified information system a notice of refusal to carry out a competitive procurement in electronic form, changes made to the notice of a competitive procurement in electronic form, documentation on such a purchase, clarifications of the provisions of the documentation on such a purchase, customer requests for clarification of the provisions of the application for participation in competitive procurement in electronic form, the operator of the electronic site places the specified information on the electronic site, sends a notice of these changes, clarifications to all participants in the competitive procurement in electronic form who submitted applications for participation in it, a notification of the specified clarifications also to the person who sent a request for clarification of the provisions of the documentation on competitive procurement, notification of these requests for clarification of the provisions of the application of a participant in such procurement to customers at the email addresses specified by these participants during accreditation on the electronic platform or by this person when sending the request.
When the operator of an electronic site sends to the customer electronic documents received from a participant in a competitive procurement in electronic form, before summing up the results of a competitive procurement in electronic form, the operator of the electronic site is obliged to ensure the confidentiality of information about this participant, except for the cases provided for by this Federal Law.
When carrying out competitive procurement in electronic form, negotiations between the customer and the operator of the electronic site and the operator of the electronic site with the participant in the competitive procurement in electronic form are not allowed if, as a result of these negotiations, preferential conditions are created for participation in competitive procurement in electronic form and (or) conditions for disclosure of confidential information.
The operator of the electronic platform ensures the confidentiality of information:
- 1) on the contents of applications for participation in competitive procurement in electronic form, final proposals until access to them is opened to the customer within the time limits established by the notice of competitive procurement in electronic form, documentation on competitive procurement in electronic form;
- 2) on the content of price proposals of participants in competitive procurement in electronic form, with the exception of holding an auction in electronic form, as well as additional price proposals (if the submission of additional price proposals is provided for by the notice of competitive procurement in electronic form and documentation of competitive procurement in electronic form) before the final protocol is formed. Comparison of price proposals is carried out using software and hardware of the electronic platform when generating the final protocol.
A participant in a competitive procurement in electronic form who has submitted an application to participate in such a procurement has the right to withdraw this application or make changes to it no later than the deadline for filing applications for participation in such a procurement, by sending a notice to the operator of the electronic site.
The operator of the electronic platform is obliged to ensure the continuity of competitive procurement in electronic form, the immutability of electronic documents signed with an electronic signature, the reliability of the functioning of software and hardware used to carry out competitive procurement in electronic form, and equal access of participants in competitive procurement in electronic form to participate in it. For violation of these requirements, the operator of the electronic platform is liable in accordance with the legislation of the Russian Federation.
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