Federal Law No. 223 “On the procurement of goods, works, services certain types legal entities" was adopted on July 18, 2011. Since then, more than three hundred different Russian structures, when the need for procurement arises, have the right to organize tenders under Federal Law 223, which has a framework and fairly democratic nature.

Specifics of trading under 223 Federal Law

• Development and approval of our own internal Procurement Regulations, regulating all aspects of the enterprise’s procurement activities
• Posting information on tenders on the official procurement portal 223 Federal Law zakupki.gov.ru
• Preparation and publication of reports on completed purchases

Forms of bidding under 223 Federal Law

• request for proposals;
• request for price quotes;
• competitive negotiations;
• two-stage and selective competitions;
• tenders with procedures chosen by the customer.

Procurement site under Federal Law 223 for you - website

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Federal Law 223 was adopted in 2011 and obligated all companies to make purchases more transparently and report on their results. In particular, develop procurement regulations, develop and publish notices and plans in a timely manner.

Which companies are covered by Federal Law 223?

Some companies have been guided by 223-FZ for procurement since 2012, others - since 2014. This depends primarily on the size of the company and its type:

It is important to remember that:

223 Federal Law regulates all purchases made by the company, regardless of their price;

an exchange agreement under 223 Federal Law is a purchase and must comply with the requirements of the law;

The organization’s website is NOT considered an official resource where procurement regulations can be posted: it must be on the website zakupki.gov.ru.

The requirement to publish the regulations on an official resource does not apply to procurements the subject of which is a state secret and procurements worth up to 100 or 500 thousand rubles (depending on the company’s annual revenue).

What purchases are NOT regulated by Federal Law 223?

Purchase and sale valuable papers and currency values;

purchasing commodity goods on a commodity exchange;

procurement in accordance with 44-FZ;

procurement in the field of international military-technical cooperation;

international treaties of the Russian Federation;

contracts binding on subjects wholesale market, participants of the appeal electrical energy or power;

carrying out leasing and interbank transactions by a credit institution, including with foreign banks.

If you are interested in effectively participating in tenders under 223-FZ, you can use our tender support service. To search for trades under 223-FZ, you can use ours.

Clarifications on procurement documentation within the framework of Federal Law 223

According to Federal Law, documentation can be provided in any form - paper or electronic. Moreover, the customer may require a fee for providing information in paper form: the terms and conditions for collecting payment are indicated in the documentation. Each potential tender participant can request clarification on the documentation: such a right is reserved to him by clause 10, part 10, art. 4 Federal Law 223.

So, the customer must publish the following information:

within 15 days after approval - procurement regulations;

procurement plan - for at least 1 year;

procurement documents (notice, draft contract, protocols, etc.);

monthly reports no later than the 10th day of the month;

changes in contracts.

Clarifications on the procurement plan under Federal Law 223

The average duration of the procurement plan is 1 year. but for certain types of “goods” a different, longer period is established. For example, for innovative, high-tech and medicinal products - 3 years, and since 2015 - 5-7 years. As a rule, the agreement has a quarterly breakdown and looks like a simple table:

How to conduct a purchase under Federal Law 223?

The method and form of procurement under 223 Federal Law can be any: the right of choice remains with the customer:

at sole supplier(straight);

bidding (auction, competition or electronic procurement);

request for quotations and proposals;

other methods specified in the procurement regulations.

To choose the right procurement method, for example an auction under Federal Law 223, you need to know which of them are used for different goods and services.

Advice: Purchases of printing and office supplies, medical equipment, cars and repairs of office equipment, etc. are carried out only in electronic form. The exception is purchases the subject of which is related to state secrets, direct purchases and purchases to eliminate the consequences of emergency situations.

Responsibility for violation of 223 Federal Law

For violation of Federal Law 223 on procurement, both participants and customers are responsible. Which one is regulated by Art. 7. In particular, according to Part 9 of Art. 3, the procurement participant may appeal the actions or inaction of the customer in judicial procedure if there are grounds provided for in Part 10 of Art. 3.

Reasons for filing a complaint with the FAS:

failure to place information on procurement, on the annual volume of procurement in the unified information system, violation of publication deadlines or unreliability of information;

requirements to provide documents not provided for in the documentation;

carrying out procurement without a regulation approved and posted in the unified information system.

After considering the complaint, the FAS will issue an order to the culprit to eliminate the violations or bring him to administrative responsibility. The worst case scenario for a procurement participant is that the company is included in the register of unscrupulous suppliers. The FAS makes a decision based on Federal Law 135.

OOO ICC"RusTender"

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There is 44-FZ, which regulates government procurement, and there is 223-FZ, which regulates the purchase of goods and services by companies with state participation. Today, purchases under 223-FZ are several times higher than purchases under 44-FZ.

Customers under 223-FZ:

Law 223-FZ regulates absolutely all purchases of its subjects, regardless of the source of income. There are exceptions: purchase and sale of securities, currency values, precious metals etc. (clause 4 of article 1 of Law 223-FZ). 223-FZ does not regulate these purchases; they go beyond its scope. And budgetary institutions have their own characteristics.

Oleg Birulya, tender expert, comments: « Budget institutions- these are organizations that operate within the framework of 44-FZ. According to 44-FZ, they spend public money. But these organizations have such financial resources that come in the form additional earnings. For example, in the form of grants. Or from leasing space - these are their extra-budgetary funds. There is another case: when a budget institution is itself the contractor under the contract. In these cases, budgetary institutions can use 223-FZ instead of 44-FZ. But there are some peculiarities: this year, a state employee can work under 223-FZ only if he has created a procurement regulation and posted it before the beginning of the year. If the regulation was created and not posted before the beginning of the year, a state employee does not have the right to carry out procurement activities within the framework of 223-FZ.”

This rule is common to all subjects of 223-FZ. If the procurement regulations were not accepted and posted on time, they end up in 44-FZ. That is, the question is not whether I want or don’t want to live according to 223-FZ, but whether I want to live according to 223 or 44? 44-FZ is applied by default.

Suppliers under 223-FZ. How to find orders

A procurement participant can be any legal entity, individual, including individual entrepreneur (IP). Do you recognize? We have already talked about this above in the article.

On the official website (Purchasing Portal) there is a register of procurement regulations for customers who work under 223-FZ. Information about purchases is also posted here. For small businesses (SMB), a list of goods, works and services that customers are required to purchase under 223-FZ from small and medium-sized enterprises has been published on the official resource.

Document flow in the procurement system according to 223-FZ

Customer documentation (must be developed and published):

We recommend a video recording of the webinar “” if you are a customer and you need to understand how to develop a procurement regulation, make changes to it, what information to enter into the register of contracts under 223-FZ, how to draw up a procurement plan and other documentation under 223-FZ. You will also learn how and within what time frame to post procurement information on the Official Website.

There is also a Register of Contracts under 223-FZ (Resolution of the Government of the Russian Federation dated October 31, 2014 No. 1132 “On approval of the procedure for maintaining a register of contracts concluded by customers as a result of procurement”) - common for customers of “all Rus'”, the register is maintained by the Treasury. There is a similar register in government procurement under 44-FZ. A supplier who can read will find a lot of interesting and useful information about the customer's activities.

Procurement Regulations under 223-FZ

By itself, Federal Law No. 223-FZ dated July 18, 2011 contains only eight articles. By and large, work under 223-FZ is regulated by the Procurement Regulations, which the customer creates himself and subsequently conducts his activities in accordance with this regulation.

Procurement Regulations - the customer’s procurement activities begin with this document; for him this is his own “law”. And for suppliers who want to take part in the procurement of this customer, this is also a law.

Customer actions:

Procurement regulations are also created by budgetary organizations, which work together under 44-FZ and 223-FZ.

The customer has the right to adjust the procurement regulations as many times as necessary. When making changes on the official website, the customer must publish 2 documents:

If the customer does not apply either the procurement regulations or the norms of 44-FZ, there will be a fine (Part 3 of Article 7.32.3 of the Administrative Code):

In this video advice, Oksana Shipunova, a specialist in the field of procurement under 223-FZ, talks about administrative responsibility if the requirements for the formation of a procurement regulation and its placement on the official website are not met, and if the regulation was not applied during procurement.

You will hear interesting comments about the practice of applying Part 3 of Art. 7.32.3 Code of Administrative Offenses of the Russian Federation, on the position of the FAS. For example, according to the FAS, even one purchase without regulations is a reason to transfer the materials to the prosecutor. This will entail an unscheduled inspection, during which fines will be imposed for all such identified cases of procurement not in accordance with the rules:

Participant's application

There is no clear list of requirements for the application; the customer has the right to formulate the requirements himself.

The supplier should carefully review the documentation, study the application requirements set by the customer, and draw up his application in accordance with these requirements.

The customer has the right to establish requirements for procurement participants:

Procurement regulations under 223-FZ: what should it contain?

223-FZ: electronic signature

The customer cannot work at all without electronic signature(EP). Because you need to publish documents and place purchases in a unified information system. The supplier can find and read the Procurement Regulations, other documents, and, in fact, any procurement, but without an electronic signature he will not be able to participate in them if the procurement is carried out electronically.

Order an Electronic signature. It is accepted at more than 150 sites: according to 223-FZ, at all state sites, at commercial sites.

Everyone knows about electronic signatures in government procurement. With EP according to 223-FZ, everything is both simpler and more complicated. It’s simpler because there are no strict requirements for an electronic signature certificate (as in government procurement, where the requirements of 63-FZ and 44-FZ converge, and where there are different signatures for customers and suppliers). To participate in procurement under 223-FZ and to organize such procurement, you simply need a qualified certificate. It’s more difficult because there are no strict requirements for an electronic signature certificate and each customer, generally speaking, has the right to create his own electronic platform and develop his own requirements for participants in electronic procurement. This includes requirements for a certificate with which you can enter this site. And each site where procurement takes place under 223-FZ also has the right to its own opinion regarding certificates.

Therefore, when contacting a certification center to purchase an electronic signature certificate, be sure to inform the manager on which sites you are going to work. And then, having purchased a certificate for a specific site, find out where else your certificate will be accepted. Perhaps at the same time you will find new purchases.

Online course ". Additional professional program advanced training was developed based on the requirements professional standard"Procurement Specialist" Advanced training (72 hours)

1. State corporations, state companies, entities natural monopolies, <…>, as well as business companies, in authorized capital which share of participation of the Russian Federation, a subject of the Russian Federation, municipality more than 50%. Simply put, if the state owns more than 50% of an organization, this organization operates within the framework of 223-FZ. Note, not 49% or even 50%, but more than 50%.
2. Subsidiary business companies, in the authorized capital of which more than 50% belongs to the same organizations in which more than 50% belongs to the state. In practice, they are simply called “daughters.”
3. Subsidiary business companies of subsidiaries business entities <…>. And these are already “granddaughters”.
4. Budget institutions:
   • through grants, subsidies;
   • as a contractor under a contract in the event that other persons are involved on the basis of a contract during the execution of this contract for the supply of GWS;
   • at the expense of funds received from the implementation of other income-generating activities (for details about customers under 223-FZ, see clause 2 of article 1 of Law 223-FZ).

• Procurement Regulations.
• Procurement plan.
• Notice of purchase.
• Procurement documentation ( technical task, requirements for the content, form, design and composition of the application, instructions for filling out the application by procurement participants, etc.).

1. Develop and approve the Procurement Regulations. It must describe in detail: methods of procurement, the procedure for preparing and conducting procurement, the procedure for concluding and executing contracts, as well as a list of industrial and technical materials purchased from small businesses.
2. Publish the Procurement Regulations on www.zakupki.gov.ru.
3. new edition procurement regulations;
4. a document containing a list of changes made.

• for legal entities - 50,000 - 100,000 rubles;
• for officials - 20,000 - 30,000 rubles. Officials are understood as any persons who perform the function of organizing and conducting the procurement procedure. And the customer must determine for himself what specific staffing units and officials will be held liable for one or another part of the Code of Administrative Offences. By and large, these are persons who approve procurement documentation or members of the procurement committee.
• lack of information about procurement participants in the RNP under 223-FZ;
• lack of information about procurement participants in the RNP under 44-FZ.

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In 2011, the State Duma Russian Federation A federal law was approved regulating the procurement of goods, works and other types of services by legal entities. This legislative act received the number 223-FZ and came into force in 2012. The meaning of the adopted law is to regulate the procedure for purchasing various goods and services by legal organizations of certain categories.

223-FZ on procurement, in contrast to 44-FZ, gives legal entities certain freedom in terms of tenders and choice of procurement options. This law is aimed at developing the tender system, supporting small businesses, eradicating corruption schemes and introducing new players to the public procurement market.

Download the text of Federal Law 223 “On the procurement of goods, works, services by certain types of legal entities” with the latest changes and comments.

Fundamental goals of the adoption of law 223-FZ

This legislative solution has fundamental features aimed at successful regulation and monitoring of procurement. The key goals of the law are:

• Full transparency of procurement under 223-FZ. According to this principle, all information, including prices and seller, should be open and publicly available.
• Highly efficient and economically feasible use financial resources. The principle limits the price range of purchases and does not allow purchasing goods or services from one supplier at a deliberately inflated price.
• Opportunity to participate in the procurement of individuals, individual entrepreneurs and any legal organizations. This feature frees the hands of small enterprises, which previously could not practically participate in the supply of goods and services for large corporations.
• Complete equality and impartiality towards all participants in procurement activities.

The principles of Federal Law 223 have significantly improved the situation of small enterprises. In addition, thanks to this law, it was possible to achieve transparency of all operations and diversify suppliers.

Structure of Federal Law No. 223

The law regulating the procurement of goods and services between certain types of legal entities has 8 main articles:

1. Article No. 1 223-FZ describes the goals that are planned to be achieved through the adoption of this law.
2. Article No. 2 contains the legal basis for procurement activities.
3. Article No. 3 describes the key principles and provisions relating to the procurement of goods and services.
4. Subclause No. 3.1 of 223-FZ of the Russian Federation explains the intricacies of procurement by legal entities, when carrying out investment projects with support from the state.
5. Article No. 3.2 sheds light on the concept of competitive procurement.
6. Clauses No. 3.3 and No. 3.4 describe the operating procedure of the electronic platform for carrying out procurement transactions.
7. Article No. 3.5 of 223-FZ clarifies the requirements for competitive procurement using the closed method.
8. Subclause 3.6 specifies the requirements for purchasing from a single supplier.
9. Article No. 4 stipulates information support procurement processes and a list of required documentation.
10. Article No. 4.1, introduced in 2013, regulates the register of permissible contracts under Federal Law 223.
11. Article No. 5 stipulates the introduction of a special register of unscrupulous suppliers. Such a tool is aimed at collecting data about organizations that avoid concluding contracts. In addition, a company whose contract was terminated in court due to gross violations of the terms of the contract may be included in the register of unscrupulous suppliers under Federal Law 223.
12. Article No. 5.1 involves assessing the conformity of procurement plans and changes made.
13. Article No. 6 guarantees compliance with the requirements of Federal Law No. 223.
14. Article No. 6.1 regulates the control of procurement activities by relevant departments.
15. Article No. 7 stipulates liability for violation of legal requirements.
16. Article No. 8 describes the specifics of the entry into force of the law.

Law 223-FZ: who does it concern?

The legislative document defines the activities of the following groups of legal entities:

State corporations and natural monopolies with a state share of more than 50%.

Subsidiary enterprises of the above-mentioned enterprises.

Budgetary organizations purchasing goods and services using financial grants, their own funds, or by attracting third parties.

An exception that goes beyond the regulation of 223-FZ is the purchase and sale of securities, precious metals and other things.

Comparison of features of 44 fz and 223 fz

To make it easier to compare two similar laws, you can create the following table:

Thus, the key differences of federal law 223-FZ are:

• The ability to independently develop purchasing regulations and conduct auctions at the customer’s discretion.
• Absence of necessity specialized education according to 223-FZ and knowledge of the basics of the law for conducting procurement operations.
• The right to use an extensive list of trading platforms.

Bank guarantees provided for in Article 223

A bank guarantee under 223-FZ can be of three different types:

1. A guarantee issued to a supplier who has expressed a desire to take part in an auction or competition. This guarantee provides security for the participant's application.
2. Bank guarantee for reimbursement of advance payment.
3. A guarantee that ensures compliance with the terms of the public procurement contract.

Key requirements for bank guarantees under Federal Law 223

According to the text of federal law 223-FZ, all bank guarantees must be:

1. Irrevocable.
2. With a certain validity period.
3. With mandatory confirmation or rejection within three working days.
4. Containing full information about payments in case of failure by the supplier to fulfill the terms of the contract.
5. With stipulated obligations of both parties involved in the transaction.

Amount of guaranteed funds under 223-FZ

The amount provided under bank guarantees is individual in each individual case.

In accordance with Law 223-FZ, bank guarantees cannot exceed 10% of the bank’s total capital.

The key factors influencing the cost of guarantees are the timing of provision and the presence or absence of the necessary collateral.

Typically, to reduce cost bank guarantees You can open a bank account and provide collateral in the form of bills or deposits.

The procedure for organizing procurement activities within the framework of 223-FZ

To carry out procurement under Law 223-FZ, you need to take the following steps:

1. Registration of a digital signature.
2. Registration on the official website of government services.
3. Registration on the procurement website located at zakupki.gov.ru
4. Drawing up procurement regulations.
5. Understanding, drawing up and posting documentation of the procurement plan.
6. Full setup of a personal profile on the government procurement website.
7. Providing documentation to all involved parties.
8. Conducting a competition.
9. Conclusion of a contract with the winner.

Appearance personal account on the website zakupki.gov.ru is shown in the figure below:

Subtleties of filling out the procurement regulations under 223-FZ

The regulations under 223-FZ must contain the following information:

• necessary methods for carrying out procurement activities;
• proposed bidding procedures;
• methods for selecting current suppliers;
• expected terms of contract completion and transfer of funds;
• the procedure for signing a contract between the parties;
• features of acceptance and payment for work provided;
• possible penalties;
• ways to resolve disputes.

Exceptions

Law 223-FZ allows not to have all procurement information in a unified information system in the following cases:

• the contract is related to state secrets;
• the contract involves the implementation of procurement activities in the amount of up to 100,000 rubles;
• the subject of the agreement refers to a special list described within the framework of government order number 2027-r.

The latest edition of 223-FZ 2018 allows not to disclose information regarding the transfer of rights to real estate and certain financial services. So, now, according to 223-FZ, it is not necessary to submit data to a single information system on attracting finance from individuals, obtaining credit funds, etc.

Deadlines under 223-FZ

The key terms governed by Federal Law 223-FZ can most conveniently be placed in the table:

Note! In the event of technical malfunctions during the publication of documents in the Unified Information System, the deadline for submitting documents is shifted by one working day from the moment the technical problems are resolved.

Key changes to Federal Law 223 on procurement 2018

At the end of last year, the State Duma adopted a number of amendments to federal law 223-FZ. These changes affected, first of all, suppliers and electronic trading platforms. Among the main amendments to the law are:

• Transfer of all purchases to electronic form. Exceptions include purchases covered by procurement regulations.
• The need to create special financial accounts to secure the application for participation. The opening of an account is carried out by the supplier company in one of the listed banks. The full list of permitted financial institutions is approved by the Russian government.
• Exclusion of interdependent enterprises from the scope of Law 223-FZ. Now customers have the opportunity to make purchases from a single supplier under certain conditions.
• Providing the opportunity for subsidiaries to join the procurement activities of the parent company.
• At the time of buying specific product the customer undertakes to use the words or equivalent. This innovation excludes the purchase of a specific product with a specific trademark.
• Impossibility of canceling a purchase after the deadline for submitting applications.
• Creation of a specialized commission for customers to check the competitiveness of procurement.
• Changes in deadlines for submitting notices. Now the notice of the competition under 223-FZ and the auction is announced fifteen days before the deadline for accepting applications. Information on the request for quotations must be published five days, and notice of the request for proposals - seven days before the end of the application period.
• It is impossible to make requests for application security if the transaction amount is less than 5,000,000 rubles. If the purchase amount is more than 5,000,000, the application security can be no more than 5%.
• Organizers of procurement events have the opportunity to use internal services that can be synchronized with a unified information system. This innovation will be useful for large customers, who now simply need to enter all the information into internal system, and it will be automatically published in the EIS.

A more complete list of key changes in 2018 can be found by studying Federal Law 223 with the latest amendments, which is available at the link:

Changes to 223-FZ for small and medium-sized enterprises

Starting from 2018, small and medium-sized businesses will be able to participate in procurement under the following conditions:

• Conducting all purchases exclusively in electronic form.
• Transaction registration is available only on six federal trading platforms.
• Funds securing the application must be submitted to a specially designated bank account.
• Participants of 223-FZ, who won the competition, draw up an electronic agreement on a special platform. The paper contract has been abolished.

Changes in the system for filing complaints under 223-FZ

Until 2018, a complaint to the Federal Tax Service under 223-FZ was made approximately according to the following scenario:

• The supplier complained to the FAS under Federal Law 223.
• FAS analyzed the complaint and made a decision.
• The customer appealed to the judicial authorities.
• The court rendered a verdict in favor of the customer.

After the amendments were made, a limited list of grounds for filing complaints appeared. Now you can complain to the FAS if:

• The customer makes a purchase in gross violation of the norms of Federal Law 223 or its own procurement regulations.
• The customer did not publish necessary information into a unified information system. The reason may be the absence in the Unified Information System of Procurement Regulations, documents describing a specific procedure, and so on.
• According to 223-FZ, the supplier is subject to requirements that were not specified in the procurement documentation.
• The customer did not publish in the Unified Information System complete information regarding the annual volume of purchases from SMEs.

Changes in the appeal process under 223-FZ

Until 2018, a complaint to the FAS became the reason for organizing an antimonopoly audit of the entire organization. For example, when filing a complaint about the provisions on technical documentation, the FAS also checked other documents. Even if the antimonopoly service could not find violations in the technical documentation, but found a violation in, for example, procurement plans, the order was still issued.

In connection with the appearance of Part 13 of Article 3 of Law No. 223, consideration of the complaint will be limited to the arguments it contains. That is, now the FAS, if violations unrelated to the complaint are detected, will not have the right to issue orders on them.

Register of unscrupulous suppliers

The register of unscrupulous suppliers is a list of organizations that have violated key aspects of Law 223-FZ or Law No. 44. The lion's share of all customers works exclusively with organizations not included in the register.

Among the main reasons why an organization may be included in the list of fines are:

• Avoidance of signing a contract or refusal to fulfill the terms of the contract.
• Application by the customer to court if the supplier fails to comply with the main points of the contract.
• Gross violations by the supplier of the terms of the contract, entailing refusal to fulfill the contract on the part of the customer.

A complete list of organizations included in the register of unscrupulous suppliers can be found on the website http://www.zakupki.gov.ru/epz/dishonestsupplier/quicksearch/search.html.

As you can see from the screenshot, the website dedicated to government procurement has a convenient search. When drawing up contracts with organizations, customers are advised to check their counterparty against this list to ensure its reliability. If during the search it suddenly turns out that the partner is among the unscrupulous suppliers under Federal Law 223, then perhaps you should look for another organization for procurement.

Information contained in the register

After the regulatory body makes a decision to include an organization in the register of unscrupulous suppliers, the following information is published:

• The name of a legal entity or the full name, surname and patronymic of an individual.
• Information about the location of a legal entity or the place of residence of an individual.
• Taxpayer identification number.
• Data on the date of the transaction or the date the transaction was declared invalid.
• Information about the contract, including names of goods, classification code, currency of the transaction, cost and terms of execution of the contract.
• Date of termination of the contract, indicating the corresponding reason.

Thus, we can conclude that execution of the contract under 223-FZ is a necessity. At gross violations terms of the contract, an organization or individual risks ending up in the register of unscrupulous suppliers and leaving the public procurement market for a long time.

Exit from the registry

At the moment, the only way to quickly get out of the register of unscrupulous suppliers is to appeal the FAS decision in court. Arbitrage practice It has great amount cases where the organization was able to successfully prove its case, quickly left the register and successfully continued to participate in procurement activities.

In all other cases, organizations included in the register of unreliable suppliers will automatically leave the lists of unreliable companies two years from the date of entry into the register.

Results

Federal Law 223 on public procurement regulates the procedure for conducting procurement activities by certain types of legal entities. Key Features of this law 223-FZ became transparency of transactions, efficient spending of financial resources and the possibility of participation of all entities entrepreneurial activity in competitions and tenders.

Federal Law No. 223 is an excellent opportunity for small businesses to participate in procurement by large corporations. Relatively simple rules for participating in competitions and a simple submission system electronic applications makes it easy to compete for the supply of goods or services.

Any entrepreneur who wants to increase their portfolio of orders should turn their attention to the commercial procurement sector. This area is regulated federal law No. 223. It should be noted that the total volume of commercial purchases for 2017 is 17.37 trillion. rubles

Who can participate in the tender?

• Legal entities (LLC, CJSC, JSC)
• Individual entrepreneurs

Which customer is authorized conduct a tender?

• State corporations with a Russian share of more than 50%
• Subjects of natural monopolies (the list was approved by Order No. 75/16 of the Federal Antimonopoly Service of January 28, 2016)
• Companies engaged in regulated activities (electricity and gas supply, water supply, heat supply, recycling and waste disposal)
• State budgetary and unitary enterprises making purchases at the expense of their budget in accordance with the schedule published at the beginning of the year;
• Business companies where the share of the Russian Federation in the authorized capital is more than 50% (for example, housing and communal services)

Despite the large volume of purchases, experienced companies participating in the tender, are aware of the complexities and subtleties of such participation.

In order to take part in the tender and achieve a positive result, you need to know the main preparatory stages.

How can a newbie start participating in a tender?

1. Issue an electronic signature for commercial platforms. The cost of an electronic signature on the market is about 6,000 rubles
2. Find purchases using information and analytical systems for searching purchases. There are several good ones on the market search engines. You can familiarize yourself with them in more detail in our review .
3. Be accredited on electronic platforms where interesting lots are posted. Currently the quantity electronic platforms at the moment there are more than 500, of which about 100 can be really interesting.

1. Conduct an analysis (one of the most important and key tasks)

• Customer requirements for procurement participants. As a rule, these requirements are established in the procurement documentation, as well as in the customer’s Procurement Regulations - the main document regulating procurement activities. The main question you should ask yourself is: “Does the company meet these criteria?”
• Economic component. You need to estimate your rate of return on a specific lot. Estimates or product specifications, which display the volumes of work performed, services or goods supplied, will help you with this.

1. Prepare and submit a tender application. Perhaps this is the most important and difficult task at the preparatory stage, requiring attentiveness, thoroughness and responsibility.

Very often, the customer rejects the participants’ application or awards fewer points for 2 reasons:

• Incorrect filling of documents
• Absence or partial provision of documents

What documents are required to participate in the tender??

Preparing an application for a tender under 223-FZ is a very labor-intensive job and involves filling out a package of documents and correctly preparing them. Document requirements may vary based on a number of factors:

• Method for determining a supplier (auction, competition, request for proposals, request for quotations)
• Customers. Each customer may have different requirements for documents and potential suppliers.
• Regulatory legal acts regulating a particular field of activity. This may be as well as a requirement for availability permitting documents(licenses, SRO approvals), as well as experience in performing similar work and personnel qualifications.

• Open competition
• Request for proposals
• Electronic auction
• Request for quotation

In conclusion, I would like to note that organizations participating in the tender should know:

1. main stages of participation in the tender
2. key stages of preparing a tender application

even despite the fact that on November 1, 2017, the State Duma Committee on economic policy, industry, innovative development and entrepreneurship, bill No. 301878-7 was introduced, establishing requirements for standardizing the composition of applications for small and medium-sized businesses.