Thank you very much, Mikhail, everything was done quickly and most importantly it was clear to me... Since we found it with you mutual language. I would like to continue to communicate with you in the future. I hope for fruitful cooperation.

Olesya Mikhailovna - CEO LLC "VKS"

On behalf of the State Unitary Enterprise "Sevastopol Aviation Enterprise" we express our gratitude for the professionalism and efficiency of your company! We wish your company further prosperity!

Guskova Liliya Ivanovna - manager. State Unitary Enterprise "SAP"

Thank you, Mikhail, very much for your help with the design. Very qualified employee +5!

Nadiya Shamilyevna - entrepreneur IP Anoshkina

On behalf of the AKB-Auto company and on my own behalf, I express my gratitude to you and all the employees of your company for the productive and high-quality work, sensitivity to client requirements and efficiency in the execution of ordered work.

Nasibullina Alfira - Senior Manager"AKB-Auto"

I would like to thank consultant Mikhail for his excellent work, timely and complete consultations. Very attentive to the client's problems and questions, a prompt solution would seem to me the most difficult situations. It's a pleasure to work with Mikhail!!! Now I will recommend your company to my clients and friends. And the consultants in technical support are also very polite, attentive, and helped to cope with complex installation key. Thank you!!!

Olga Sevostyanova.

Purchasing the key turned out to be very easy and even pleasant. Many thanks to manager Mikhail for his assistance. Explains complex and difficult-to-understand things succinctly, but very clearly. In addition, I called the toll-free hotline and left a request online with Mikhail. They made a key for me in 2 business days. In general, I recommend it if you are saving your time, but at the same time want to have an understanding of what you are buying and what you are paying for. Thank you.

Levitsky Alexander Konstantinovich Samara

Personal thanks to consultant Mikhail Vladimirovich for prompt consultation and work on expediting the receipt of an electronic signature certificate. During the preliminary consultation, the optimal set is selected individual services. The end result is received immediately.

Stoyanova N.L. - Chief Accountant LLC "SITECRIM"

thanks for operational work and competent help! I was very pleased with the consultation!

Dmitry Fomin

Expert System LLC thanks consultant Mikhail for his prompt work! We wish your company growth and prosperity!

Sukhanova M.S. - AppraiserExpert System LLC, Volgograd

Thanks to the consultant, who introduced himself as Mikhail, for his efficiency in working with clients.

Ponomarev Stepan Gennadievich

Many thanks to consultant Mikhail for his assistance in obtaining the digital signature. For prompt work and advice on issues arising during the registration process.

Leonid Nekrasov

The company, represented by consultant Mikhail, does the impossible! Acceleration of accreditation in less than 1 hour! Payment upon delivery of the service. I thought this wouldn't happen. With full responsibility, I can advise you to contact the Center for Issuing Electronic Signatures.

The enterprise must post procurement information on official website .

Attention! The customer must take into account that administrative liability is provided for violation of the requirements of the law. In particular, the Code of the Russian Federation on Administrative Offenses provides for liability if the customer:

• carries out procurement if it needs to be carried out in electronic form, in a different form (clause 1 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation);

• carries out procurement if it needs to be carried out within the framework of contract system , in a different order (clause 3 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation);

• violates the posting deadlines or does not post procurement information (clauses 4, 5 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation);

• does not comply with the requirements for the content of notices or procurement documentation (clause 7 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation);

• makes demands on participants, goods or terms of the contract that are not specified in the procurement documentation. It also evaluates or compares applications according to criteria not specified in the documentation (clause 8 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation);

• does not comply with the instructions and requirements of the body authorized to exercise control in the field of procurement (Clause 7, 7.2 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation);

• does not provide, or untimely provides, information about unscrupulous procurement participants and suppliers (contractors, performers). It also provides deliberately false information (Article 19.7.2-1 of the Code of Administrative Offenses of the Russian Federation).

Documents required for procurement

First of all, you need to post it on the official website:

These documents must be permanently posted on official website . Moreover, if the enterprise does not conduct procurement at all, then there may be no procurement plan.

To directly conduct a purchase, you must post information about the purchase on the official website:

• draft agreement;

• clarification of procurement documentation (if necessary). The procurement participant may need such clarifications, so the company should stipulate in the procurement regulations the procedure and timing for their provision;

• other information if it is provided for by the procurement regulations (part 6 of article 4 of the Procurement Law).

Procurement Regulations

The main internal document that an enterprise needs to adopt is the procurement regulations. It regulates the entire procurement procedure.

The procurement regulations must contain:

• conditions for applying procurement procedures;

• procedure for concluding and executing contracts;

• provisions related to procurement.

This rule is established in Part 2 of Article 2 of the Procurement Law.

Procurement Regulations and changes made to it (provision in new edition), posted on the official website within 15 days from the date of approval (Part 1 of Article 4 of the Procurement Law).

The head of the enterprise approves the situation by order. It allows you to determine the composition of the commission that will conduct the procurement.

Procurement plan

The customer places on the official website a plan for the purchase of goods (works, services) for a period of at least a year.

The procedure for drawing up a plan is regulated by Decree of the Government of the Russian Federation dated September 17, 2012 No. 932 “On approval of the Rules for the formation of a plan for the procurement of goods (works, services) and requirements for the form of such a plan.”

You also need to place a plan for purchasing innovative, high-tech products and medicines for a period of five to seven years (Part 3 of Article 4 of the Procurement Law).

Is it necessary to post a procurement plan for innovative, high-tech products and medicines if the company does not plan to purchase such products?

Yes need.

The law does not directly establish such an obligation, but this follows from its general provisions.

The procurement procedure must be open and transparent (Part 1, Article 1 of Law No. 223-FZ). In addition, the law establishes the principle of information openness of procurement (clause 1, part 1, article 3 of Law No. 223-FZ). As shown arbitrage practice, this principle must be interpreted in a systematic relationship with Article 4 of Law No. 223-FZ (resolution of the Arbitration Court of the Volga-Vyatka District dated March 26, 2015 No. F01-597/2015 in case No. A43-8810/2014).

This article establishes requirements for the publication of procurement regulations and all changes to it, general plan procurement of goods (works, services), as well as a plan for the procurement of innovative, high-tech products, medicines (Parts 1–3 of Article 4 of Law No. 223-FZ). In this case, the latter should be formalized separately, and not as part of the general procurement plan. If there is no need to purchase such products, the plan will actually be empty.

If you do not post it, perhaps this will become the basis for prosecution (Part 5 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).

Procurement documentation

The procurement documentation must contain the information specified in the procurement regulations. Including the requirements established by the enterprise:

• to the quality of goods (work, services);

• To technical specifications goods (work, services);

• to the safety of goods (work, services);

• to the functional characteristics (consumer properties) of the product;

• to the size, packaging, shipment of goods;

• to the results of the work;

• other requirements related to determining the compliance of the supplied goods (work performed, service provided) with the needs of the customer;

• to the content, form, design and composition of the application for participation in the procurement;

• to the description by procurement participants of the supplied goods that are the subject of procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, the requirements for the description by procurement participants of the work performed, the service provided that are the subject of procurement, their quantitative and qualitative characteristics;

• place, conditions and terms (periods) of delivery of goods, performance of work, provision of services;

• form, terms and procedure for payment for goods, work, services;

• the procedure for forming the contract price (lot price) (with or without taking into account the costs of transportation, insurance, payment customs duties, taxes and other obligatory payments);

• procedure, place, start date and end date for filing applications for participation in the procurement;

• requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements;

• forms, procedure, start date and end date of the period for providing procurement participants with clarifications of the provisions of the procurement documentation;

• place and date of consideration of proposals from procurement participants and summing up the procurement results;

• criteria for evaluating and comparing applications for participation in procurement;

• procedure for evaluating and comparing applications for participation in procurement.

An enterprise needs to keep two rules in mind:

• It is not allowed to present requirements to procurement participants, to the purchased goods, works, services, as well as to the terms of execution of the contract that are not specified in the procurement documentation, as well as to evaluate and compare applications for participation in the procurement according to criteria and in a manner that are not specified in the procurement documentation;

• the requirements established by the customer apply equally to all procurement participants, to the goods, works, services they offer, and to the terms of the contract.

Such rules are established in Part 6 of Article 3 of the Procurement Law.

Notice of purchase

A notice of procurement, including a notice of an open tender or open auction, is an integral part of the procurement documentation. The information contained in the procurement notice must correspond to the information contained in the procurement documentation (Part 8 of Article 4 of the Procurement Law).

The Procurement Law establishes the mandatory details of the procurement notice. It must contain the following information:

• procurement method (open tender, open auction or other method provided for by the procurement regulations);

• name, location, postal address, email address, contact telephone number of the customer;

• the subject of the contract indicating the quantity of goods supplied, the volume of work performed, services provided;

• place of delivery of goods, performance of work, provision of services;

• information about the initial (maximum) contract price (lot price);

• the deadline, place and procedure for submitting procurement documentation, the amount, procedure and timing of payment of the fee charged by the customer for the submission of documentation, if such a fee is established by the customer, with the exception of cases of submission of documentation in the form of an electronic document;

• place and date of consideration of proposals of procurement participants and summing up the procurement results.

If the procurement is carried out through a tender or auction, then the enterprise uses the notice of the tender or auction accordingly. Directly for such a notice, the law establishes a mandatory rule - such a notice must be posted on the official website no less than 20 days before the deadline for submitting applications for participation in a competition or auction (Part 2 of Article 3 of the Procurement Law).

If the company uses , such a document may simply be called a procurement notice, or, for example, respectively, a “notice of a request for proposals” or a “notice of competitive negotiations”. The notice is posted on the official website in the manner established for it by the enterprise in the procurement regulations. At the same time, it is not at all necessary to adhere to the specified rule of 20 days; the enterprise has the right to independently determine the period of its placement.

Changes in terms of purchase

If the company has made changes to:

• notice of purchase;

• procurement documentation;

• clarification of the provisions of such documentation,

then such changes are posted by the enterprise on the official website no later than within three days from the date of the decision to make the specified changes and provide the specified clarifications.

If an enterprise conducts a procurement in the form of a tender (i.e. a competition or auction), and it made changes to the notice and procurement documentation later than 15 days before the deadline for submitting applications for participation in the procurement, it must extend the deadline for submitting applications for participation in such a procurement so that from the date of posting on the official website of the changes made to the notice and procurement documentation until the deadline for filing applications for participation in the procurement, such period is at least 15 days.

Such rules are established in Part 11 of Article 4 of the Procurement Law.

Protocols

When conducting procurement procedures in accordance with the Procurement Law, protocols can document various actions of the enterprise. The procurement regulations may provide for the following types of protocols:

• protocol for opening envelopes with applications for participation in the procurement;

• protocol for consideration of applications for participation in procurement;

• other protocols (for example, on the progress of the auction);

• protocol on the results of the purchase and determination of the winner.

Who can be a procurement participant

A procurement participant can be:

• any legal entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital or

• any individual or several individuals acting on the side of one procurement participant, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant that meet the requirements established by the customer in accordance with the procurement regulations.

This rule is established in Part 5 of Article 3 of the Procurement Law.

Procurement methods

Contest. The Procurement Law, in contrast to the Federal Law of April 5, 2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ), does not establish detailed rules for conducting a competition, giving the enterprise the opportunity to independently establish them in the procurement regulations.

The winner of the auction in the competition is the person who offered Better conditions execution of the contract in accordance with the criteria and procedure for evaluating and comparing applications, which are established in the tender documentation on the basis of the procurement regulations (Part 2 of Article 3 of the Procurement Law).

Auction. The winner of the auction is the person who offers the most low price contract or, if during an auction the price of the contract is reduced to zero and the auction is held for the right to conclude a contract, the highest price of the contract (Part 2 of Article 3 of the Procurement Law). As with the competition, the Procurement Law also does not establish detailed rules for the auction.

Other procurement methods. The Procurement Law establishes an important rule for an enterprise regarding the freedom to choose other procurement methods, thereby allowing it to choose the most optimal, convenient option for itself. The enterprise is obliged to establish in the procurement regulations the procedure for purchasing by such methods (if it intends to use them) (Part 3 of Article 3 of the Procurement Law). Other procurement methods include: request for quotations, competitive negotiations, request for proposals and procurement from sole supplier. See more details. How to conduct procurement in accordance with Law No. 223-FZ: request for quotations or proposals, competitive negotiations, procurement from a single supplier) .

Posting on the official website

Protocols drawn up during the procurement are posted by the customer on the official website no later than three days from the date of signing such protocols (Part 12 of Article 4 of the Procurement Law).

If access to the site is blocked for more than one business day for technical reasons, the customer posts the information on his website. When it becomes possible to post information on the official website, the customer is obliged to do this within one working day (Part 13, Article 4 of the Procurement Law).

An enterprise additionally has the right to post information about procurement on its own website (Part 7, Article 4 of the Procurement Law). At the same time, procurement information, procurement regulations, and procurement plans posted on the official website and on the enterprise website must be available for review without charging a fee (Part 14 of Article 4 of the Procurement Law).

When posting procurement information on the official website, it is necessary to take into account the requirements of the following documents:

• Decree of the Government of the Russian Federation dated September 10, 2012 No. 908 “On approval of the Regulations on posting procurement information on the official website”;

• Order dated August 10, 2012 of the Ministry of Economic Development of Russia No. 506, Treasury of Russia No. 13n “On establishing the Procedure for registration of legal entities specified in Part 2 of Article 1 of the Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services” certain types legal entities" on the official website to post information about placing orders for the supply of goods, performance of work, provision of services ( www.zakupki.gov.ru)».

Disputes with procurement participants

The Procurement Law provides for the right of a procurement participant to appeal judicial procedure actions (or inaction) of the enterprise during procurement.

He has the right to do this by filing a complaint with the antimonopoly authority in the following cases:

• the enterprise did not post the procurement regulations, changes made to it, procurement information (notification, procurement documentation) on the official website or violated the deadlines for such posting;

• the enterprise made demands on procurement participants to submit documents that were not provided for in the procurement documentation;

• the enterprise made a purchase in the absence of a procurement regulation approved and posted on the official website and without applying the provisions of Law No. 44-FZ (which the enterprise is obliged to apply if it does not have a procurement regulation).

In addition, a procurement participant may appeal it in connection with a violation of antimonopoly requirements for tenders established in Article 17 of Federal Law No. 135-FZ “On the Protection of Competition.” For example, if there is a restriction of access to participation in tenders (purchases). Such a restriction can be expressed in the fact that the enterprise did not allow certain persons who submitted applications to participate in the competitive procedures due to their lack of experience, specialists, rating financial stability etc. However, if such requirements did not prevent admission to participation in the procurement (for example, in the form of a competition), but were criteria for evaluating participants, then such a procurement is recognized as legal.

Example from practice: the court rejected a claim to declare illegal the actions of an enterprise during an open competition, indicating that the inclusion of requirements for a bidder regarding the presence of experience, specialists and other similar parameters in the form of criteria for its evaluation is legal and justified

The municipal unitary enterprise (hereinafter referred to as the Enterprise) published a notice of an open competition on its official website.

The company recognized LLC "R." as the winner of the competition, which scored greatest number points.

The losing participant in the competition, LLC "S." (hereinafter referred to as the Company) considered that the Company’s competition documentation contained unreasonable discriminatory conditions for competition participants. The Society included the following requirements for participants: “the participant’s experience in this species insurance”, “the presence of specialists in the branches and representative offices in Vologda who have been trained under the compulsory civil liability insurance program for owners of hazardous production facilities”, “the business reputation of the participant”, “the period of work in the insurance services market in the Vologda region”, “representing the interests of the customer in court and other authorities if it is necessary to protect the interests of the customer in connection with the claims of victims.”

In this regard, the Company filed a claim with the arbitration court against the Enterprise to declare its actions during the open competition and its results illegal.

The court took into account that the Enterprise is municipal, and the Procurement Law applies to municipal unitary enterprises By general rule from January 1, 2014, if more early date not provided for by a representative body municipality. The court found that the representative body of the municipality, which was the founder of the Enterprise, did not make a decision that would oblige the Enterprise to apply the provisions of the Procurement Law earlier than January 1, 2014.

However, despite these circumstances, the court applied the Procurement Law, citing the fact that the Enterprise did not deny that it was the first time that it had organized such a competition and used the provisions of the Procurement Law.

The court rejected the claim, indicating that at the stage of preliminary selection of participants (admission to participation in the auction), the application of the conditions listed by the Company, which it considered discriminatory, is not allowed. And the inclusion of such conditions in the form of criteria for evaluating bidders (which was done by the Enterprise) is legal and justified.

The court also indicated that choosing from the total number of bidders the counterparty that has more experienced and competent specialists in the type of activity of the contract being concluded, with a higher financial stability rating, does not contradict the Procurement Law. The presence of a license cannot be the only criterion for selecting the winning bidder, since, according to the specifics of their activities, all bidders must have such a license (resolution of the Fourteenth Arbitration Court of Appeal dated October 16, 2012 in case No. A13-3870/2012).

To file a complaint with the FAS Russia, it is necessary to take into account the provisions of the Administrative Regulations of the Federal Antimonopoly Service for the Enforcement state function on initiation and consideration of cases of violations of antimonopoly legislation Russian Federation, approved by order of the FAS Russia dated May 25, 2012 No. 339.

In addition, the procurement participant has the right to appeal the actions (inaction) of the enterprise during procurement in court (Part 9 of Article 3 of the Procurement Law).

If a person has not submitted an application to participate in the procurement, as a general rule he cannot appeal it. However, if during the procurement there was a violation of the established regulatory legal acts procedure for posting information about bidding, the procedure for filing applications for participation in bidding, then such a person has the right to appeal the procurement if his rights or legitimate interests could have been infringed or violated as a result of violation of the procedure for organizing and conducting tenders (Part 2 of Article 18.1 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”).

Example from practice: the court rejected the application because the absence of an application form and a draft sales contract in the auction notice violated the rights of potential auction participants, creating obstacles to participation in the auction

The State Property Management Committee decided to hold an auction for the sale of land plot for the design and construction of a three-story building. The auction was organized by state enterprise"A.". All eight bidders were allowed to participate in the auction. LLC "R." was recognized as the winner.

JSC "V." did not submit an application to participate in the auction, but appealed to the Federal Antimonopoly Service for the Kemerovo Region with a complaint about the violation of its rights and legitimate interests. The antimonopoly authority satisfied the complaint and issued an order to cancel the auction.

Having disagreed with the decision and order of the antimonopoly authority, the auction organizer went to court.

The court rejected the claim, stating the following. The auction notice did not contain an application form and a draft land purchase and sale agreement. This means that potential participants in the auction, including ZAO V., could not obtain complete information about it. This violated their rights and legitimate interests, as it prevented them from participating in the auction.

Contrary to the arguments of the auction organizer, JSC "V." had the right to appeal the auction, although it did not apply to participate. Indeed, within the meaning of Part 2 of Article 18.1 of Federal Law No. 135-FZ “On the Protection of Competition”, this right is vested not only in persons who submitted an application to participate in the auction, but also in other persons whose rights and legitimate interests may be infringed as a result of violation of the organization procedure and holding auctions (FAS of the West Siberian District dated July 18, 2014 in case No. A27-13853/2013).

Enterprise reporting on completed purchases

The customer, no later than the 10th day of the month following the reporting month, posts on the official website information about the number and total cost of contracts concluded by the customer based on the results of:

• procurement of goods, works, services in general;

• purchases from a single supplier (performer, contractor);

• procurement, information about which constitutes a state secret or in respect of which decisions of the Government of the Russian Federation have been adopted.

This rule is established in Part 19 of Article 4 of the Procurement Law.

Register of unscrupulous suppliers

A register of unscrupulous suppliers (hereinafter referred to as the register) is maintained on the official website. It includes information:

• about procurement participants who evaded concluding contracts;

• about suppliers (performers, contractors) with whom contracts were terminated due to their significant violation of contracts.

The inclusion or content of such information in the register may be appealed by the interested party in court. This rule is established in Part 6 of Article 5 of the Procurement Law.

Example from practice: the court overturned the decision of the Federal Antimonopoly Service to include the company in the register of unscrupulous suppliers, because it did not consider the company to have evaded signing the contract

MUP "V." posted a notice on a specialized website about a request for quotations for the right to conclude a supply agreement.

LLC "Ts." submitted an application for participation and was declared the winner of the request for quotations.

MUP "V." provided the winner with a draft agreement for signing. However, LLC "Ts." did not sign the agreement, did not provide a protocol of disagreements to the agreement. After this, MUP "V." considered LLC "Ts." evaded signing the agreement and appealed to the Federal Antimonopoly Service.

The antimonopoly authority, having considered the materials provided, made a decision to include LLC “Ts.” to the register of unscrupulous suppliers.

Disagreeing with the decision made, Ts LLC went to court.

In granting the application, the court proceeded from the following. December 2, 2014 MUP "V." sent by email to Ts LLC scanned copy of the supply agreement. However, the protocol on summarizing the results of the request for quotation was drawn up on December 3, 2014. According to the requirements of the quotation documentation, on December 13, 2014, MUP “V.” sent a draft contract for supply by post. LLC "Ts." The draft agreement was received on December 24, 2014 and had to be signed within 5 days. However, MUP "V." Already on December 18, 2014, it sent information about LLC “Ts.” to the antimonopoly authority, that is, before the expiration of the contract signing period.

Inclusion of information about a person in the register of dishonest suppliers is a sanction for dishonest behavior of the supplier. In this case, there was no dishonest behavior by the supplier. This means that the antimonopoly authority had no grounds for including Ts LLC. to the register (resolution of the Second Arbitration Court of Appeal dated October 20, 2015 No. 02AP-8326/2015 in case No. A17-1908/2015).

The list of information that is included in the register, the procedure for sending it, the procedure for maintaining the register is established in the Decree of the Government of the Russian Federation of November 22, 2012 No. 1211 “On maintaining the register of unscrupulous suppliers provided for Federal law"On the procurement of goods, works, services by certain types of legal entities."

The information contained in the register is excluded after two years from the date of its entry into it (Part 5 of Article 5 of the Procurement Law).

In what cases does the Procurement Law not apply?

Not carried out in the manner established by the Procurement Law, including not subject to posting on the official website, procurement:

• which contains a state secret, provided that such information is contained in the procurement notice, procurement documentation or in the draft contract;

• for which the Government of the Russian Federation decided not to post it on the official website;

• which is the purchase of goods, works or services that are included in the lists and (or) groups of goods, works or services, information about the purchase of which, in accordance with the decision of the Government of the Russian Federation, is not subject to posting on the official website.

In addition, the enterprise has the right not to post on the official website information about purchases, the cost of which does not exceed:

• 100,000 rub.;

• 500,000 rub. (if the enterprise’s annual revenue for the reporting financial year is more than 5 billion rubles).

Such exceptions are established in parts 15 and 16 of Article 4 of the Procurement Law.

The procurement law also does not apply in the case where the enterprise has not posted the approved procurement regulations on the official website. In this case, when purchasing, the enterprise must be guided by the provisions of Law No. 44-FZ. This rule is established in Part 4 of Article 8 of the Procurement Law.

It must be borne in mind that the Procurement Law does not apply to relations related to:

• purchase and sale valuable papers, currency values, precious metals;

• concluding contracts that are derivative financial instruments (with the exception of contracts that are concluded outside the scope of exchange trading and the fulfillment of obligations under which involves the supply of goods);

• purchasing exchange-traded goods on a commodity exchange;

• the customer placing orders for the supply of goods, performance of work, provision of services in accordance with Law No. 44-FZ;

• procurement in the field of military-technical cooperation;

• procurement of goods, works, services in accordance with an international treaty of the Russian Federation, if such agreement provides for a different procedure for determining suppliers (contractors, performers) of such goods, works, services;

• selection of an audit organization to conduct a mandatory audit of accounting (financial) statements;

• conclusion and execution of contracts in accordance with the legislation of the Russian Federation on the electric power industry, which are mandatory for the subjects wholesale market– participants of the appeal electrical energy and (or) power;

• carrying out leasing operations and interbank transactions by a credit organization.

This rule is established in Part 4 of Article 1 of the Procurement Law.

Description of the competition in the procurement regulations

The competition is held if price is not the only criterion for selecting the winner. There must be at least two evaluation criteria. The minimum period for accepting applications is 20 days.

Basic distinctive feature The competition is the stage of evaluation and comparison of applications, at which the procurement commission ranks the applications of participants in accordance with the order specified in the documentation.

The procedure for holding a competition, evaluating and comparing applications, concluding an agreement is not regulated by Law No. 223-FZ.

The customer determines the tender procedure independently in the procurement regulations.

When holding a competition under 223-FZ, a competition commission must be created.

The composition of the commission may change, if necessary, from purchase to purchase, or may remain constant.

Winner of competition

According to paragraph 4 of Art. 447 of the Civil Code of the Russian Federation, the winning bidder in a competition is the person who, based on the conclusion of the competition commission, pre-appointed by the auction organizer, offered the best conditions.

According to Part 2 of Art. 3 of Law No. 223-FZ, the winner of the tender in the competition is the person who offered the best conditions for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing applications that are established in the tender documentation on the basis of the procurement regulations.

Including a competition in the procurement plan

Before holding the competition, it must be included in, which, as is known, can be adjusted throughout the year.

Government Decree No. 932 dated September 17, 2012 “On approval of the Rules for the formation of a plan for the procurement of goods (works, services) and requirements for the form of such a plan”: “8. Adjustments to the procurement plan can be made, among other things, in the following cases:

a) changes in the need for technical and technical equipment, including the timing of their acquisition, the method of procurement and the deadline for the execution of the contract;

b) changes of more than 10 percent in the cost of GWS planned for acquisition;

c) in other cases established by the procurement regulations and other customer documents.”

If the procurement of goods (works, services) is carried out through a competition or auction, changes to the procurement plan are made no later than posting on the official website of the Russian Federation on the Internet information and telecommunications network to post information about placing orders for the supply of goods , performance of work, provision of procurement notice services, procurement documentation or changes made to them.”

Thus, if the plan is adjusted, 2 documents must be posted on the official website:

• Procurement plan in the new edition (clause 6 of PP No. 908)
• A document containing a list of changes to the plan (clause 5 of PP No. 908).

Purchases of goods, works, and services not provided for in the plan cannot be carried out.

Development of competition documentation

The customer has the right to establish that a fee is charged for providing paper documentation. In this case, it is necessary to determine in the documentation the amount, timing and procedure for making such a fee.

Based on clause 10, part 10, art. 4 of Law No. 223-FZ, the documentation defines the procedure for providing explanations of the provisions of the documentation.

Typically the documentation consists of several parts:

• General part (same for all purchases)
• Information card
• Technical specifications (TS)
• Draft contracts for each lot
• Forms to be completed by the participant

The procedure for submitting tender documentation is determined in the notice of the tender. It is necessary to indicate that the documentation is provided in Russian.

Requirements for the procurement notice in accordance with Part 9 of Article 4 of Law No. 223-FZ.

223-FZ establishes requirements for the content of notices and documentation.

The purchase notice must include the following information:

1. Procurement method (open tender, open auction or other method provided for by the procurement regulations).

2. Name, location, postal address, email address, contact phone number of the customer.

3. The subject of the contract, indicating the quantity of goods supplied, the volume of work performed, services provided.

4. Place of delivery of goods, performance of work, provision of services.

6. Date, place and procedure for providing procurement documentation. The amount, procedure and terms of payment of the fee charged by the customer for the provision of documentation, if such a fee is established by the customer, with the exception of cases of provision of documentation in the form of an electronic document.

7. Place and date of consideration of proposals from procurement participants.

According to Part 10 of Art. 4 of Law No. 223-FZ, documentation must contain the following information:

1. Requirements established by the customer for the quality, technical characteristics of the product, work, service, their safety, the functional characteristics (consumer properties) of the product, the size, packaging, shipment of the product, the results of work and other requirements related to determining the conformity of the supplied product , the work performed, the service provided to the customer’s needs.

2. Requirements for the content, form, design and composition of the application for participation in the procurement.

3. Requirements for procurement participants to describe the supplied goods that are the subject of procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, requirements for procurement participants to describe the work performed, services provided that are the subject of procurement, their quantitative and qualitative characteristics .

4. Place, conditions and terms (periods) of delivery of goods, performance of work, provision of services.

5. Information about the initial (maximum) contract price (lot price).

6. Form, terms and procedure for payment for goods, work, services.

7. The procedure for forming the contract price (lot price) (with or without taking into account the costs of transportation, insurance, payment of customs duties, taxes and other obligatory payments).

8. The procedure, place, start date and end date for filing applications for participation in the procurement.

9. Requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements.

10. Forms, procedure, start date and end date for providing procurement participants with explanations of the provisions of the procurement documentation.

11. Place and date of consideration of proposals from procurement participants and summing up the procurement results.

12. Criteria for evaluating and comparing applications for participation in procurement.

13. The procedure for evaluating and comparing applications for participation in procurement.

In some cases, the customer, under 223-FZ, has the right to indicate a specific trademark of the purchased product without the possibility of supplying equivalents.

Example: Resolution of the Fifteenth Arbitration Court dated 09.09.2013 No. 15 AP-11903/2013. The customer indicated in the documentation the subject of the contract: lubricants for SHELL brand cars. The supplier indicated the same in its application. However, after he was declared the winner, he sent the customer a draft contract indicating the subject of the contract: Lotos Oil. The customer recognized the supplier as having evaded concluding the contract, and the supplier filed a lawsuit. The court found that the documentation did not provide for the supply of analogues; the customer had a need for a specific product.

If a customer purchases a “trademark or equivalent” under 223-FZ, but has not established equivalence parameters, he will have to prove, for example, that citrus gingerbread is not equivalent to cranberry gingerbread. Example: Resolution of the Eighteenth Arbitration Court of Appeal dated August 29, 2013 No. 18AP-8046/2013. The customer established that he was purchasing “Gingerbread cookies with cranberry filling “Cranberry” or equivalent.” However, he did not indicate what the equivalent was. The supplier offered citrus gingerbread. The customer rejected the application, the supplier complained to the Federal Antimonopoly Service, which recognized the complaint as justified. The customer did not agree with the decision of the Federal Antimonopoly Service and appealed it in court. The court found that these products are not equivalent from a medical and dietary point of view. Conclusion: if you don’t want to prove the obvious in court, indicate it in the documentation.

Publication of the competition on the ETP and OOS

First, the documentation is published on an electronic platform, and from there it is automatically sent to the official website, but this only happens when electronic platform integrated with the official website. You should pay attention to this to be sure that the information is posted on the official website.

Electronic competition

Decree of the Government of the Russian Federation dated June 21, 2012 No. 616 “On approval of the list of goods, works and services, the purchase of which is carried out in electronic form” determines which goods the customer is obliged to purchase only in electronic form. The customer can purchase all other goods in electronic form and in regular form.

Decree of the Government of the Russian Federation No. 616 does not apply to procurement in the following cases:

• If the purchase is not subject to placement on the Environmental Protection Agency (state secret, Government decision).
• If the purchase is made from a single supplier (including purchases up to 100/500 thousand rubles).
• If the need for procurement arose due to an emergency.

Accepting applications

When conducting a competition in electronic form using an ETP, the customer does not need to independently receive and register applications from participants - these actions are carried out by the ETP operator.

Notice of a competition or auction is placed in accordance with Part 5 of Article 4 of Law No. 223-FZ no less than twenty days before the deadline for submitting applications for participation in the competition or auction. That is, in fact, the notice is on the site for 22 days. If the procurement regulations do not say anything about whether these are working days or calendar days, then according to the Civil Code of the Russian Federation, the period will be counted in calendar days. The period begins the next day after the notice is posted. If the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it. The period expires at the hour when the organization, according to established rules, ceases the relevant operations.

Amendments to the notice and documentation (Part 11, Article 4 of Law No. 223-FZ).

Changes are posted on the OOS within 3 days from the date of their adoption.

If, during bidding, changes are made by the customer later than 15 days before the deadline for submitting applications, the deadline for submitting applications must be extended so that from the date the changes are posted on the environmental assessment system until the deadline for submitting applications for participation in the procurement, such period is at least 15 days .

Opening access to applications

When conducting a competition not in electronic form, this procedure is usually called “Opening envelopes with participants’ applications.” Details of this stage should be specified in the Procurement Regulations.

In an electronic competition, the correct name for this stage is “Opening access to applications.”

After opening access, it is recommended to draw up and publish on the official website a protocol for opening access, which indicates the number of applications received, the names of participants, the proposed price and other indicators that are evaluation criteria.

Review of applications

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

Winner selection steps

Selection criteria

A reasonable requirement is to establish, when purchasing under 223-FZ, such a condition as whether the procurement participant has a warehouse owned or otherwise legally possessed.

The decision of the Arbitration Court of the Krasnoyarsk Territory dated October 30, 2013 in case No. A33-7770/2013 states that additional requirements for procurement participants to have experience, business reputation, equipment and material resources, taking into account the specifics of the supply of petroleum products to the Far North, determined by natural and climatic features, are reasonable wishes of the customer.

Refusal to conduct electronic trading

According to Art. 448 of the Civil Code of the Russian Federation, unless otherwise provided by law or notice of the auction, the organizer open bidding has the right to refuse to hold the competition no later than 30 days before the date of its holding.

Law No. 223-FZ does not provide for such a provision; the customer can provide this in the notice.

If the organizer of an open auction refuses to hold it in violation of the specified deadlines, he is obliged to compensate the participants for the actual damage they suffered.

It is recommended to include the following wording: “The customer has the right to refuse to hold the competition at any time before the selection of the winner of the competition. A notice of refusal to hold a tender is posted by the customer on the official website no later than the day following the day the decision to refuse to hold a tender is made.”

In case of refusal to carry out other competitive procedures, the following wording can be included in the Procurement Regulations: “The customer has the right to refuse to conduct a request for prices at any time before the conclusion of the contract. A notice of refusal to conduct a request for prices is posted by the customer on the official website no later than the day following the day the decision to refuse to conduct a request for prices is made.”

Rebidding

Rebidding can only be carried out if such a possibility is specified in the Procurement Regulations and the procedure for its implementation is prescribed. It is also necessary to indicate in the documentation the possibility of rebidding.

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

Participation in the auction is voluntary.

There can be two forms of rebidding: full-time - online bidding, absentee - submission of proposals.

Evaluation and comparison of applications

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

1. Contract price. It is a mandatory criterion in all cases.

2. Product delivery time.

3. Terms of payment for goods, works, services. It is used in cases where the customer allows procurement participants to offer the amount of the advance payment in the application.

4. The duration of the provided quality guarantees for goods, works, and services.

5. Functional characteristics or quality characteristics of the product.

6. Qualification of the procurement participant:

Provision of material and technical resources;

Provision of human resources;

Degree of implementation current system quality management.

When purchasing under 223-FZ, the requirement for participants to have “at least N years of experience” may be considered an unjustified restriction of competition. The Resolution of the Sixth Arbitration Court of Appeal No. 06AP-5029/2013 dated October 17, 2013 states that establishing a work experience period of 3 years is a restriction of competition, since these actions not only limit, but also prevent the entry of newly created enterprises into the market, even if , if they have the appropriate production base And production facilities, qualified personnel and material resources.

Evaluation criterion "Price"

Score for the criterion contract price = (minimum offer of the participant/offer of the evaluated participant) * 100.

Example: NMC = 100 rubles, criterion weight 30%.

U1 - 10 rub. 100 points

U2 - 20 rub. 50 points

U3 - 80 rub. 12 points

Evaluation criterion “Delivery time”.

Score for delivery time criterion.

Cmax - 0 points

BCi = (Cmax-Ci/Cmax-Cmin) * 100

C min, or earlier - 100 points

The maximum delivery time is 80 days.

The minimum delivery time is 10 days.

The weight of the criterion is 70%.

U1 - 80 days. 0 points

U2 - 50 days. 43 points (calculated using the formula (80-50/80 -10)*100)

Cumulative importance of all criteria = 100 points

If we assume that applications were assessed according to only two criteria, then the following calculations can be made.

Conclusion of an agreement under 223-FZ

Based on the results of the procurement procedure in the form of bidding, the customer is obliged to conclude an agreement with the winner specified in the protocol.

If the customer evades signing the contract, the supplier has the right to go to court with a demand to compel him to conclude the contract, as well as compensation for losses caused by evading its conclusion.

According to Art. 448 of the Civil Code of the Russian Federation, if the subject of the auction was only the right to conclude an agreement, such an agreement must be signed by the parties no later than 20 days or another period specified in the notice after the completion of the auction and execution of the protocol.

Who signs the contract first? It doesn't matter unless something specific about it is stated in the documentation.

Is it possible to conclude an agreement with a person who has taken “second place”? This is possible if the winner avoided concluding a contract, and the procurement regulations provide for the possibility of concluding a contract with the participant who took second place.

Final version of the contract = Draft contract in the customer’s documentation + Separate conditions in the participant’s application

Framework agreement

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

Each delivery under such a contract = a separate purchase.

Each contract must indicate the number of GWS (clause 3, part 9, article 4 of Law No. 223-FZ).

Exit: indicate in the contract the assortment, price per unit and maximum volume for each item. Delivery is carried out as the customer's need arises according to the customer's requests.

RNP (Register of dishonest suppliers)

If the winner of the competition or another person obligated to conclude an agreement avoids concluding the agreement, information about such participant is provided by the customer must send to the authorized body for inclusion in the register of unscrupulous suppliers in accordance with Decree of the Government of the Russian Federation of November 22, 2012 No. 1211 “On maintaining the register of unscrupulous suppliers, provided for by the Federal Law “On the procurement of goods, works, services by certain types of legal entities.”

The further course of action of the customer in the event of the winner or another person evading the conclusion of the contract must be defined in the Procurement Regulations. It is recommended to provide for the possibility of concluding an agreement with the participant who took second place in the competition, the possibility of conducting the procurement procedure again or concluding an agreement with a single supplier.

Making changes to the contract

The Procurement Regulations should provide for the possibility of changing the terms of the contract: price, volume, terms, product quality.

Changes in price, volume and term must be entered into the CAB.

What should the final protocol contain? (Part 5 of Article 4 of Law No. 223-FZ)

Based on the results of the procurement, a final protocol is drawn up, which must contain information about the volume, price of the purchased goods, works, services and the timing of the contract.

Invalid and failed auctions

Invalid auctions (Article 449 of the Civil Code of the Russian Federation):

Conducted in violation of the law

Involves the invalidity of the contract concluded as a result of the auction

Failed auctions (Article 447 of the Civil Code of the Russian Federation) are legitimate. The auction did not take place if:

There are no participants

There is only one participant

There are several participants, but only one is allowed

Based on the results of failed tenders, an agreement may be concluded with the only participant or with a single supplier.

Important issues that the customer should independently determine in his Procurement Regulations:

• What to do with received applications?
• What should I do if I received 2 or more applications from one participant?
• Should the application form be in a separate envelope?
• Can a participant change an application? How should this be formatted?
• Can a participant withdraw an application? How should this be formatted?
• What should I do with applications received after the deadline?
• Should the procedure of opening envelopes be carried out in the presence of procurement participants?
• If the autopsy procedure is open, what needs to be included in the documentation?
• Who directly opens the envelopes?

Questions from listeners

Question: Who approves the Commission Regulations?
Answer: This is not regulated by law. Each organization has the right to independently determine who approves the Regulations on the commission.

Question: Is it necessary to make an audio or video recording of the procedure for opening an envelope if the Procurement Regulations do not say anything about this?
Answer: No, not necessarily. Laws do not regulate this. But this can be useful to exclude subsequent possible questions from regulatory authorities.

Question: If the purchase is made for an amount up to 100 thousand rubles, is it necessary to hold a competition?
Answer: This is not regulated by law. This should be specified in the Procurement Regulations.

Question: In the procurement plan, indicate the exact purchase amount or the approximate amount of the goods?
Answer: The estimated price is usually indicated.

Question: How to correctly indicate OKVED and OKDP if we have two types of work in one competition: delivery of equipment and its installation?
Answer: You can try breaking it up into lots. If not, then the one that accounts for the larger volume of the contract is indicated.

Question: When purchasing for what amount can a competition be held?
Answer: The customer himself determines this issue for himself when he draws up the Procurement Regulations and spells out all these points in detail there. This is not limited by law in any way.

Question: When holding a competition to conclude an agency agreement, a percentage of the agent’s remuneration may be won back. In this case, is it necessary to indicate the entire amount of the contracts (including the agent’s expenses)?
Answer: It is necessary to indicate the amount that will be paid to the agent as a result.

Question: In electronic form, procurement is not necessary on the ETP, it can be done through email, requesting an electronic signature?
Answer: Yes that's right. But the electronic platform removes some of the risks from the customer and makes purchasing more convenient.

Question: Is it possible to accept scanned original applications with a signature and seal by email when requesting quotes? mail?
Answer: The scanned copy itself is not electronic document, and, accordingly, is not an officially submitted application. It will only be a document if it is signed with an electronic signature.

Question: Is it possible to create one application log for all purchases (request for quotations, tender, auction)?
Answer: Yes.

Question: Is it necessary to set an initial maximum price during a competition?
Answer: It is advisable to set an initial maximum price, since otherwise it may be necessary to subsequently prove in court that the initial price could not be set for objective reasons, which is not always possible.

Question: When ordering medical services, is it possible to specify territorial proximity to the enterprise as a criterion?
Answer: It is possible if such a need can subsequently be realistically justified in the event of questions arising from the monopoly service or in court.

Question: What if the regulations do not yet have an assessment procedure? Can we write it down in the documentation?
Answer: The documentation should not expand the position in terms of such essential things. However, initially the regulation can specify the procedure and evaluation criteria with the addition of the phrase “and other criteria specified in the documentation.” Then it will be possible to use criteria not originally specified in the Procurement Regulations.

Question: Can the chairman of the commission and the secretary of the commission be the same person?
Answer: Yes, if this does not contradict any internal documents of the organization.

Question: Should there be a separate provision on the commission or is it sufficiently stated in the regulation?
Answer: What is stated in the Procurement Regulations is sufficient.

Question: Is the contract concluded in paper or electronic form?
Answer: The contract is concluded in the form provided for in the Procurement Regulations.

Question: Tell me, if we want to conclude an agreement for the supply of food products, and there are a lot of items, how to do it? Break it down into lots? Then there will be 54 lots in one competition. What if different participants win them?
Answer: In this case, you should not split it into 54 lots; it is better to group the products according to the principle of “baked goods”, “dairy products”, etc. In this case, on one side there will be not 54 different suppliers, but only a few. And on the other hand, there will be no restrictions on competition.

Question: Is there a universal formula ( good example of some enterprise) establishing the significance of the criteria, allowing to protect the enterprise as much as possible from unscrupulous suppliers?
Answer: There is no universal formula. Each customer determines the importance of the criteria independently.

An open competition under 223-FZ is one of the ways to conduct competitive procurement, which since July 1, 2018 has been held primarily in electronic form. Let us tell you in detail, an open competition under 223-FZ - what it is. Let's figure out how to properly prepare and conduct a tender according to the new rules.

At the end of 2017, significant changes were made to the law on the conduct of competitions, tenders and other procedures by certain types of legal entities, which came into force on July 1, 2018.

The legislator has regulated in detail the holding of a competition under 223-FZ and other competitive bidding, and introduced the concept of “electronic competition 223-FZ”.

According to the new rules, preference is given to electronic trading, and competitions for SMMEs will be held exclusively in electronic form.

Let's take a step-by-step look at how a procurement competition is conducted under the new rules.

We are preparing to hold an open competition under 223-FZ

1. We prepare the notice and documentation.

In the notice we indicate the following information:

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

Tender documentation 223-FZ must include:

• requirements for product properties and description of the procurement object (without indicating trademarks or with the words “or equivalent”);
• requirements for the preparation of proposals and product descriptions;
• delivery and payment procedure;
• NMCC;
• deadlines for submitting proposals;
• requirements for participants;
• criteria and procedure for evaluating proposals in accordance with the procurement regulations;
• if available, the amount of the application security. Collateral is not established for NMC less than 5 million rubles. In other cases, the customer has the right to provide in an amount of no more than 5% of the initial price (Part 27, Article 3.2);
• draft agreement.

2. We post the notice and documentation. The terms for procurement under 223-FZ are at least 15 days from the date of posting the notice in the Unified Information System (Part 17, Article 3.2). When carrying out the procedure among SMEs, the period for accepting applications may be reduced (from 7 days for NMC, no more than 30 million rubles - part 3 of article 3.4). If a closed tender is held under No. 223, the information is not posted in the Unified Information System.