Purchases made in electronic form. What purchase is considered to be made in electronic form. What to be guided by when choosing e-procurement

Hello dear colleague! In today's article, we will talk about participation in the most popular procurement procedure to date - an electronic auction within the framework of 44-FZ. At the moment, the share of electronic auctions accounts for more than 65% of all purchases made in the Russian Federation (information as of April 30, 2019). The popularity of this procedure is only gaining momentum every year, however, despite such popularity, problems among auction participants are not getting smaller. Therefore, in my article, I tried to give the most detailed information on participation in electronic auctions under the current 44-FZ. ( Note: this article was updated on April 30, 2019).

1. The concept of an electronic auction

So, let's first consider the definition of an electronic auction, which is given in Part 1 of Art. 59 44-FZ.

Auction in electronic form (electronic auction) — an auction in which information about the procurement is communicated by the Customer to an unlimited number of persons by placing in (EIS) a notice of such an auction and documentation about it, uniform requirements and additional requirements are imposed on the participants in the procurement, such an auction is provided on the electronic site by its operator.

There is also a simpler definition, which, in my opinion, is much easier to understand:

Electronic auction — auctions held in electronic form on electronic platforms, the winner of which is the person who offered the lowest price for the state (municipal) contract.

The procedure for conducting an electronic auction (EA) is regulated by Articles 59, 62-69, 71, 83.2 of the 44-FZ.

2. Platforms for holding electronic auctions

As mentioned above in the definition, electronic auctions are carried out on electronic platforms.

Electronic platform — This is a site on the Internet where electronic auctions are held.

3. In what cases is an electronic auction held?

According to part 2 of Art. 59 44-FZ The customer is obliged to conduct an electronic auction if goods, works, services are purchased, including:

to the list established by the Government of the Russian Federation (Decree of the Government of the Russian Federation dated March 21, 2016 No. 471-r (as amended on February 12, 2018) “On the list of goods, works, services, in the event of the procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction )”) Note: this List is a table that indicates the codes for OKPD2 and the names of goods, works, services purchased with the help of EA. In addition, a number of exceptions to this list are indicated;
or in an additional list at the level of the subject of the Russian Federation (part 2 of article 59 44-FZ).

Inclusion of goods, works, services in the above lists is carried out in case of simultaneous fulfillment of the following conditions:

it is possible to formulate a detailed and accurate description of the procurement object;
the criteria for determining the winner of such an auction have a quantitative and monetary value.

Important: The customer has the right to carry out, through an electronic auction, the purchase of goods, works, services not included in the above lists (part 3 of article 59 of 44-FZ).

4. Accreditation of participants in the electronic auction

As I said earlier, in order to take part in the EA, the participant must have a qualified electronic signature, registration in the EIS and accreditation on the electronic platform. The old procedure for accreditation on electronic platforms in accordance with Art. 61 44-FZ ceased to be valid on 01/01/2019. Now new procurement participants must register with the EIS, after which they will be automatically accredited at 8 "state" sites. This is much more convenient and faster than separate accreditation at each site taken.

Participants who were accredited on the “state” ETPs before 01/01/2019 will be able to participate in electronic procurement without registration in the EIS until 12/31/2019. Such participants can register in the EIS at any time during 2019 of the year.

ETP operators notlater than business day following the day of registration of the procurement participant in the EIS, such participant is accredited on the electronic site.

This accreditation is carried out through information interaction ETP with UIS (part 4 of article 24.2 of 44-FZ).

5. Algorithm for conducting an electronic auction under 44-FZ

In this part of the article, I will describe in stages all the actions of the Customer and the procurement participant during an open auction in electronic form in accordance with 44-FZ. Let's first consider with you the actions of the Customer.

5.1 Actions of the Customer during the electronic auction

Stage #1 - Preparation for the electronic auction

At this stage, the Customer organizes and plans the forthcoming purchase, forms an auction (single) commission, determines its composition and functioning, develops and approves the regulation on the commission, attracts a specialized organization (if necessary).

Stage #2 - Preparation of documents for holding an electronic auction

At this stage, the Customer is developing and approving the documentation for the electronic auction (general provisions, information card, application form, instructions for filling out the application, justification of the NMCC, terms of reference, draft contract, etc.).

Stage 3 - Placing information about the electronic auction

At this stage, the Customer prepares and places in the EIS (on the official website www.zakupki.gov.ru) a notice of an electronic auction and documentation.

Stage 4 - Identification of participants in the electronic auction

At this stage, the Customer considers the first parts of applications for participation in the electronic auction and prepares a protocol for considering applications.

Stage number 5 - Determination of the winner of the electronic auction

At this stage, the Customer considers the second parts of applications for participation in the EA received from the operator of the electronic site and prepares a protocol for summing up. During the day, more than 10,000 protocols may appear in all regions of the Russian Federation. They are usually aggregated by services such as CRMBG.SU.

Stage 6 - Conclusion of a contract with the winner of the electronic auction

At this stage, the Customer supplements the draft contract with the terms of execution proposed by the winner of the EA and sends it to the winner, checks for the presence of a security for the performance of the contract or a bank guarantee, and signs a contract with the winner.

So, we have dealt with the actions of the Customer, now let's look at the actions of the procurement participant.

5.2 Actions of the participant during the electronic auction

Stage #1 - Obtaining an electronic signature

To participate in electronic auctions, as well as to register in the EIS and accreditation on electronic platforms, the procurement participant must have a qualified electronic signature. If you need an electronic signature, then you can order it.

Stage #2 - Registration in the EIS and accreditation on electronic platforms

Without registration in the EIS and accreditation on electronic platforms, the participant will not be able to participate in the EA, so he must go through this procedure without fail. How to do this was written above.

Note: The first two stages, in fact, are preparatory stages, without which participation in electronic auctions is impossible.

Stage 2.1 - Opening a special account for depositing bid security

In order to submit an application for participation in an electronic auction, you will also need a special account to which money is credited to secure applications. Also, the site operator will debit funds from this account for winning the auction if you are recognized as the winner. What is a special account and why is it needed, it is written in detail. You can familiarize yourself with the conditions for opening and servicing a special account.

Stage 3 - Search for information about an ongoing electronic auction

At this stage, a potential participant searches for information posted in the EIS (on the official website www.zakupki.gov.ru) about the ongoing auction and downloads the entire set of auction documentation to his computer. The search for information can also be carried out by the participant directly on the electronic platforms themselves. On the topic of effective search for tenders in our online school "The ABC of Tenders" there is a separate training module, which discusses both paid and free information search tools. You can learn more about our school.

Stage 4 - Auction documentation analysis

At this stage, the procurement participant studies the documentation on the ongoing EA (terms of reference, instructions, draft contract, etc.) and decides whether to participate in the auction or not. If the participant makes a positive decision, then he proceeds to the next stage.

Stage number 5 - Depositing money into a special bank account

The next mandatory step is to deposit funds into a special bank account. This is necessary in order to ensure your participation in the electronic auction.

Note:

if the NMTsK EA is up to 1 million rubles, then the requirement for the Customer is not established (see Decree of the Government of the Russian Federation No. 439 of 04/12/2018). Important! There is also a letter from the Ministry of Finance of Russia dated October 30, 2018 No. 24-01-07 / 77857 “On securing applications for participation in tenders and auctions at the NMCC up to 1 million rubles; on Establishing the Amount of Penalty in the Procurement Documents”, in which the Ministry of Finance says that RF PP No. 439 does not contain restrictions on establishing a requirement for securing bids for participation in tenders and auctions with the value of the initial (maximum) contract price up to 1 million rubles. rubles. Based on this letter from the Ministry of Finance, many Customers set requirements for securing applications (from 0.5% to 1%) in purchases up to 1 million rubles;
if NMTsK EA from 1 million rubles. up to 20 million rubles, then the size of the application security is from 0.5% to 1% of the NMTsK;
if the NMCC EA is more than 20 million rubles, then the amount of the application security is from 0.5% to 5% of the NMCC;
if the purchase is carried out among institutions or enterprises of the penitentiary system or organizations of the disabled and the NMTsK is more than 20 million rubles, then the size of the application security is from 0.5% to 2% of the NMTsK.

Stage 6 - Preparing and submitting an application

At this stage, the participant must prepare his application, consisting of 2 parts, attach all the necessary documents on the electronic site, sign them with a qualified electronic signature and send them to the operator of the electronic site. Within one hour from the date and time of the deadline for filing applications for participation in EA, the operator of the electronic platform sends information to the bank about the procurement participant and the amount of funds necessary to secure the application. In turn, the bank, within one hour from the moment of receiving the specified information from the operator of the electronic site, blocks the funds on the special account of the procurement participant in the amount of the security of the corresponding application. If the participant's account does not have the required amount for blocking, the application is returned to the participant.

Stage number 7 - Direct participation in the electronic auction

If, after consideration by the Customer of the first parts of the applications, the application of the participant is recognized as meeting the requirements of the Customer, such a participant is allowed to participate in the electronic auction. At this stage, the participant enters the electronic platform on the set day and time and takes part in the EA procedure (submits price offers). In more detail about how this procedure goes, we will talk later in this article.

Stage 8 - Conclusion of a contract with the Customer following the results of an electronic auction

In the event that the EA participant is recognized as the winner, he prepares the contract performance security (or payment order), checks the draft contract prepared by the Customer, and sends to the Customer through the operator of the electronic site the contract signed with a qualified electronic signature, as well as a document confirming the provision of the performance security contract. The process of concluding a contract with the Customer is described in more detail.

So we have considered the algorithm for conducting an electronic auction under 44-FZ. Each of the stages we have considered has strictly regulated deadlines, which we will discuss below.

6. Deadlines for holding an electronic auction under 44-FZ

For the convenience of information perception, all stages of the electronic auction, as well as the timing of these stages, are presented below in the form of a table. This table also contains links to specific paragraphs of Law No. 44-FZ, in which these terms are established.

7. Calculator for holding an electronic auction under 44-FZ

11. Requirements for participants of the electronic auction

According to the requirements of paragraph 4 of Art. 3 44-FZ, any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital (with the exception of a legal entity registered in an offshore zone) or any individual, including those registered as individual entrepreneur.

Requirements for participants in an electronic auction are established in accordance with Part 1, Parts 1.1, 2 and 2.1 (if there are such requirements) of Article 31 of the 44-FZ ( Note: these are the requirements that the participant has the necessary licenses, SRO approvals, the requirement that information about the participant is not in the register of unscrupulous suppliers (RNP), as well as additional requirements established by the Government of the Russian Federation).

General requirements for all procurement participants are established in Art. 31 44-FZ.

You can learn more about the requirements for procurement participants.

12. Application for participation in an electronic auction

According to part 2 of Art. 66 44-FZ, an application for participation in an electronic auction consists of 2 parts: the first and second parts of the application.

The requirements for the content of the first part of the application are established by the norms of parts 3, 4 of Article 66 of the 44-FZ.

So, according to part 3 of article 66 of 44-FZ, the first part of the application for participation in an electronic auction must contain:

1) consent of the participant of the electronic auction for the supply of goods, performance of work or provision of services on the terms stipulated by the documentation on the electronic auction and not subject to change based on the results of the electronic auction ( Note: Such consent is given with the use of software and hardware of the electronic platform. That is, you do not need to attach a separate file with such consent on the electronic site);

2) when purchasing goods or purchasing work, services, for the performance, provision of which the goods are used:

but) name of the country of origin of goods (in the event that the Customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states in the notice of an electronic auction, documentation of an electronic auction, in accordance with Article 14 of 44-FZ);

Important: If the Customer in the notice and documentation does not establish prohibitions and restrictions on the admission of goods in accordance with Article 14 of the 44-FZ, the procurement participant may not indicate in his application the name of the country of origin of the goods.

b) specific product indicators , corresponding to the values set in the electronic auction documentation, and indication of the trademark (if any) . The information provided for by this subparagraph shall be included in the application for participation in an electronic auction if there is no indication of a trademark in the electronic auction documentation or if the procurement participant offers a product that is marked with a trademark other than the trademark indicated in the documentation on electronic auction.

Important: If the Customer indicates a trademark in the electronic auction documentation, and you are ready to supply the Customer with this particular product, then in the first part of the application it will be sufficient to simply indicate your consent to the supply of this product. You do not need to specify specific indicators of the goods. If the trademark is not specified or you plan to deliver the goods with a different trademark, then the indication of specific indicators in this case is mandatory.

The biggest problem for 90% of procurement participants is the rejection of their applications at the stage of consideration by the Customer of the 1st part of the application. In fact, the first part of the application for the Customer is the main tool for lobbying "its" supplier (contractor).

In order to avoid mistakes when participants prepare the first part of the application, I have prepared a detailed practical guide, which is called “Breaking Application. Get access to any auction.” You can learn more about this guide.

The second part of the application to participate in the EA must contain the following documents and information:

1) name (full name), location (place of residence), postal address of the auction participant, contact details, TIN of the auction participant or an analogue of the TIN of the auction participant (for a foreign person), TIN (if any) of the founders, members of the collegial executive body, person performing the functions of the sole executive body of the auction participant;

2) documents confirming the compliance of the auction participant with the requirements established by paragraph 1 of part 1, parts 2 and 2.1 of article 31 (if there are such requirements) 44-FZ, or copies of these documents, as well as ( Note: the specified declaration is provided using the software and hardware of the electronic site. However, I also recommend attaching this declaration as a separate file as part of the second part of the application);

3) copies of documents confirming the compliance of the product, work or service with the requirements established in accordance with the legislation of the Russian Federation, if in accordance with the legislation of the Russian Federation requirements for the product, work or service are established and the submission of these documents is provided for by the documentation on the EA ( Note: at the same time, it is not allowed to require the submission of these documents if, in accordance with the legislation of the Russian Federation, they are transferred along with the goods);

4) a decision to approve or conclude a major transaction or a copy of this decision;

5) documents confirming the right of the EA participant to receive benefits in accordance with Articles 28 and 29 of 44-FZ (in the event that the EA participant has declared that he has received these benefits), or copies of such documents ( Note: benefits for institutions and enterprises of the penitentiary system, as well as organizations of the disabled);

6) documents provided for by the NLA adopted in accordance with Article 14 of 44-FZ, in the case of the purchase of goods, works, services that are subject to the said NLA, or copies of such documents. ( Note: If the application for participation in the EA does not contain the documents specified in this paragraph, or copies of such documents, this application is equated to an application that contains an offer to supply goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons);

7) a declaration on the affiliation of a participant in such an auction to small businesses (SMEs) or socially oriented non-profit organizations (SONCOs) in the event that the customer establishes a restriction under Part 3 of Art. 30 44-FZ ( Note: the specified declaration is provided using the software and hardware of the electronic site. Also, additionally attach such a declaration as a separate file as part of the second part of the application).

Important:

Require the EA participant to provide other documents and information, with the exception of those provided for in Parts 3 and 5 of Art. 66 44-FZ of documents and information is not allowed;

The EA participant has the right to submit an application for participation in the auction at any time from the moment the notice of its holding is posted until the date and time of the deadline for submitting applications for participation in the auction ( Note: the closing date and time for bids are local time of the procuring entity, please keep this in mind when submitting your bid);

An application for participation in an electronic auction is submitted by the auction participant to the operator of the electronic site in the form of 2 electronic documents simultaneously;

Within one hour from the moment of receipt of the application for participation in the EA, the operator of the electronic site is obliged to assign an identification number to it and confirm in the form of an electronic document sent to the auction participant who submitted the specified application, its receipt indicating the identification number assigned to it (or return the application to the participant for reasons specified in paragraphs 1-5, part 11, article 66 44-FZ);

An EA participant who submitted an application for participation in the auction has the right to withdraw this application no later than the deadline for submitting applications for participation in the auction by sending a notification to the operator of the electronic site.

Cases of return of the application to the participant by the operator of the electronic platform:

1) the application was filed in violation of the requirements provided for in Part 6 of Art. 24.1 44-FZ ( Note: application documents are not signed with an electronic signature);

2) one auction participant has submitted two or more applications for participation in it, provided that the applications submitted earlier by this participant have not been withdrawn ( Note: in this case, all applications for participation in the auction are returned to this participant);

3) the participant's application was received after the date or time of the deadline for submitting applications for participation in the auction;

4) the application from the auction participant was received in violation of the provisions of Part 9 of Art. 24.2 44-FZ ( Note: the term of registration of a participant on the EIS website expires in less than 3 months);

5) the presence in the register of unscrupulous suppliers (contractors, performers) of information about the procurement participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the procurement participant - a legal entity, provided that this requirement is established by the Customer .

13. The procedure for an electronic auction under 44-FZ

In this part of the article, we will consider the procedure for participating in an electronic auction directly on the electronic site itself.

So, participants registered in the EIS, accredited on the site and admitted to participate in such an auction, can participate in the EA (after considering the first parts of the applications). I think it's understandable.

The auction itself is held on the electronic platform on the day specified in the notice of its holding ( Note: the day of the EA is the working day following the expiration of 2 days from the date of the deadline for consideration of the first parts of applications for participation in such an auction).

Important: The start time of the auction is set by the operator of the electronic site in accordance with the time zone in which the Customer is located.

The auction is held by auction participants reducing the NMTsK specified in the notice. The amount of the decrease in the NMTsK (hereinafter referred to as the “auction step”) is from 0.5% to 5% NMCC, but not less than 100 rubles . During the EA, its participants submit proposals for the price of the contract, providing for a reduction in the current minimum offer for the price of the contract by an amount within the "auction step".

Requirements for bids of bidders:

1) the auction participant is not entitled to submit an offer on the contract price:

equal to the proposal previously submitted by him;
greater than the previously submitted offer;
equal to zero;

2) the auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer, reduced within the “auction step”;

3) the auction participant is not entitled to submit a contract price offer that is lower than the current minimum contract price offer if it is submitted by such an electronic auction participant ( Note: this means that you can not reduce your price if it is currently the best).

If an EA participant proposes a contract price that is equal to the price offered by another participant in such an auction, the contract price offer received earlier is recognized as the best one.

Note: If during the EA you accidentally submit a proposal that does not meet the above requirements, then do not worry too much, because. it simply will not be accepted by the operator. Accordingly, you will be able to adjust your proposal and submit it again.

All price proposals submitted by EA participants, as well as the time of receipt of these proposals, are recorded on the electronic platform during the auction.

When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the price of the contract is set, which is 10 minutes after the receipt of the last contract price offer . If during the specified time no offer for a lower contract price has been received, such an auction is automatically completed using software and hardware that ensure its conduct.

within 10 minutes from the moment the EA is completed, any of its participants has the right to submit a contract price offer that is not lower than the last contract minimum price offer, regardless of the “auction step”, subject to requirements 1 and 3, which are specified above in the “Requirements for Price Offers of Auction Participants” section ".

within 30 minutes after the completion of the EA, the operator places the protocol of the electronic auction on the electronic site.

The EA protocol specifies:

address of the electronic site;
date, time of beginning and end of such auction;
NMCC;
all minimum contract price bids made by participants in such an auction and ranked in descending order, indicating the identification numbers assigned to bids for participation in such an auction, which are submitted by its participants who made the corresponding contract price bids, and indicating the time of receipt of these proposals.

Within 1 hour after the protocol of the EA is posted on the electronic site, the operator of the electronic site sends the said protocol and the second parts of the participants' applications to the Customer, and also sends appropriate notifications to the participants whose second parts of the applications were submitted to the Customer for consideration.

The operator of the electronic site is obliged to ensure the continuity of the EA, the reliability of the operation of the software and hardware used for its implementation, equal access of its participants to participate in it, as well as the implementation of the actions provided for in Article 68 44-FZ, regardless of the end time of such an auction.

For a better assimilation of information, I suggest you watch a short video on participation in the EA on the Sberbank-AST electronic platform:

14. How long does the electronic auction last?

Many procurement participants are interested in how long the electronic auction procedure can last. It is difficult to give an unambiguous answer to this question, since everything depends on the particular auction taken, on the NMCC, on the number of participants admitted to participate in the auction, and on the steps of the auction that they use during participation.

The minimum duration of the EA is 10 minutes. This is in the case when the participants have not submitted any price proposals.

According to Part 11 of Art. 68 44-FZ, when conducting an electronic auction, the time for accepting proposals from participants in such an auction on the contract price is set, which is 10 minutes from the start of such an auction before the deadline for submitting contract price bids, and 10 minutes after the last offer about the price of the contract.

The maximum duration of EA can be up to several days. This can happen when the participants reached the contract price of 0.5% of the NMTsK or lower. And then the auction is held for the right to conclude a contract by raising the price of the contract (part 23 of article 68 of 44-FZ). In practice, however, such auctions are rare. On average, an electronic auction lasts 1-1.5 hours.

15. How to find out the participants of the electronic auction?

I am often asked if it is possible to find out information about participants in an electronic auction before bidding. I will answer that it is possible only by bribing the operator of the electronic site, but this is illegal. Then the next question arises. Are there legitimate ways to find out information about participants in an electronic auction? Yes, I have. They are not accurate enough, but with a high degree of probability they allow you to predict which suppliers will take part in a particular auction. On this topic, I wrote a separate detailed article, which you can read.

16. Recognition of an electronic auction under 44-FZ as invalid

Below are the cases in which an auction in electronic form according to 44-FZ is recognized as failed.

In the event that at the end of the deadline for submitting applications for participation in the EA, only one application has been submitted or not a single application has been submitted, such an auction is recognized as failed (part 16 of article 66).
If, based on the results of consideration of the first parts of applications for participation in the EA, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in such an auction, by its participant, such an auction is recognized as failed (part 8 of article 67).
If, within 10 minutes after the start of the EA, none of its participants submitted an offer on the price of the contract, such an auction is recognized as failed (part 20 of article 68).
In the event that the auction commission decides that all the second parts of the applications for participation in it do not meet the requirements established by the documentation for the EA or that only one second part of the application for participation in it meets the specified requirements, such an auction is recognized as failed (part 13 of Art. 69).
In the event that the second participant (in case the EA winner evades concluding a contract with the Customer) did not provide the Customer with signed draft contracts and enforcement of the contract within the established period, the electronic auction is declared invalid (Part 15 of Article 83.2).

17. Conclusion of a contract based on the results of an electronic auction

According to part 9 of Art. 83.2 44-FZ a contract can be concluded not earlier than 10 days from the date of placement in the UIS of the protocol for summing up the results of the electronic auction.

within 5 days from the date of placement in the EIS of the protocol of summarizing the results, the Customer places in the EIS and on the electronic platform without his signature a draft contract.

within 5 days from the date of placement by the Customer in the EIS of the draft contract, the winner places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the performance of the contract.

In case of disagreement on the draft contract placed by the Customer in the EIS, the winner places in the EIS a protocol of disagreements signed with an enhanced electronic signature. In the protocol of disagreements, the winner indicates comments on the provisions of the draft contract that do not correspond to the notice of such an auction, documentation about it and his application for participation in such an auction, indicating the relevant provisions of these documents.

Within 3 working days from the date of placement by the winner in the EIS of the protocol of disagreements, the Customer considers the protocol of disagreements and, without his signature, places the finalized draft contract in the EIS and on the electronic site, or re-posts the draft contract in the EIS indicating in a separate document the reasons for refusing to take into account all or part of the comments contained in the protocol of disagreements the winner of such an auction. ( Note:At the same time, the placement in the EIS and on the electronic site by the Customer of the draft contract indicating in a separate document the reasons for the refusal to take into account the comments of the winner in full or in part contained in the protocol of disagreements is allowed, provided that such a winner posted the protocol of disagreements on the electronic site within 5 days from the date of placement by the Customer in the EIS of the draft contract).

Within 3 working days from the date of placement by the Customer in the EIS and on the electronic site of documents (a revised draft contract, or an initial draft contract + a document on the reasons for refusal), the winner of the electronic auction places in the EIS a draft contract signed with an enhanced electronic signature, as well as a document confirming the provision of security for the performance of the contract.

Within 3 working days from the date of placement in the EIS of the draft contract and ensuring the execution of the contract, signed by the winner's enhanced electronic signature, the Customer is obliged to place in the EIS and on the electronic site a contract signed with an enhanced electronic signature.

From the moment the contract signed by the Customer is placed in the EIS, it is considered concluded.

For ease of perception of information and a better understanding of the procedure for signing a contract, I have placed a visual diagram below.

Cases of recognizing the winner of an electronic auction as having evaded the conclusion of a contract:

if the winner in the established Art. 83.2 44-FZ did not send the signed draft contract to the Customer;
if the winner did not send the Customer a protocol of disagreements within 5 days from the date of placement by the Customer in the EIS of the draft contract;
if the winner has not complied with the anti-dumping requirements under Art. 37 44-FZ (in the event of a contract price reduction of 25% or more from the NMCC).

Anti-dumping requirements

If, during an electronic auction, the contract price is reduced by 25% or more from the NMCC, the winner of such an auction provides:

enforcement of the contract in accordance with Part. 1 Article. 37 44-FZ (if NMTsK > 15 million rubles); enforcement of the contract in accordance with Part. 1 Article. 37 44FZ or information provided for in Part 2 of Art. 37 44-FZ, with the simultaneous provision of a contract performance security in the amount of the contract performance security specified in the procurement documentation (if the NMCC< 15 млн. руб.);
justification of the price of the contract in accordance with Part 9 of Art. 37 44-FZ when concluding a contract for the supply of goods necessary for normal life support (food, emergency supplies, including emergency specialized, medical care provided in an emergency or urgent form, medicines, fuel).

You can learn more about anti-dumping measures in 44-FZ.

At the end of the article, I suggest you watch another very useful video, which tells why you should not apply for participation in EA at the very last moment.

This concludes my article on participation in electronic auctions under 44-FZ. Like, share information with friends and colleagues. If after studying the material you still have questions, then ask them below in the comments.

See you in new articles!

Federal Law No. 223-FZ has a fairly flexible and loyal character, which is why many people call it a “framework”. A number of its provisions only outline the general normative structure, while not setting rigid frameworks and inviolable boundaries.

Here is such an area as the types and methods of procurement under 223-FZ is largely determined by the subjects of this legislative act themselves, subject to the general conditions.

Types of purchases required under 223-FZ

According to the law “On Procurement of Goods, Works, Services by Certain Types of Legal Entities”, each organization acting in accordance with its norms is obliged to develop, agree, approve and publish its own Regulations regarding the rules for procurement, including their types and methods.

The only clear rule that the subjects of this act must comply with is the mandatory inclusion in the Regulations of such types of procurement as an electronic tender and an electronic auction under 223-FZ. Again, we draw your attention to the fact that it is mandatory to include these forms in the Regulations, and not their practice in the course of procurement activities.

223-FZ: types of purchases and their variety

As you can see, customers working under Federal Law No. 223-FZ have every right to carry out their purchases in the ways that are convenient for them in certain situations. Among the most common procedures, in accordance with which electronic trading is carried out today under 223-FZ, there are competitive and non-competitive. A non-competitive type of purchase is a purchase from a single supplier.

Competitive purchases include:

competitions - two-stage, selective, open, closed, etc.;
auctions - open and closed;
requests for proposals;
competitive negotiations.

Among other things, a customer working under 223-FZ can also establish their own types of purchases that have never been practiced before.

All this allows the organizer of the auction to conduct its procurement activities with maximum efficiency and with a minimum of time losses, applying an individual procedure to each specific case.

For example, requests for quotations are carried out when there is a series of purchases with a small cost, and there is simply no point in holding a “big” tender.

Selective competition is announced as an alternative to closed and open tenders. Any suppliers can submit their bids, but only those who are "missed" by the customer will be allowed to participate.

There is also such a type of procurement as competitive negotiations. Usually they are organized if the subject of procurement is of some complex nature, requires consultations and discussions. Such negotiations are carried out in accordance with the requests and plan of the customer.

All purchases under 223 FZ - to the site

On our portal you will find various types of competitions and auctions under 223-FZ and take an active part in them. We will help you:

correctly and timely complete all documents;
provide collateral in a profitable and timely manner;
draw up a competitive bid;
beat all your competitors.

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

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06.03.2019

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Decree of the Government of the Russian Federation of 11/11/2015 No. 1217 establishes new requirements for procurement carried out in accordance with the rules of Law No. 223-FZ. These requirements come into force on January 1, 2016 and boil down to the following key changes:

Expansion of the list of products purchased exclusively in electronic form.
Introduction of new classifiers OKVED 2 and OKPD 2.

Electronic Procurement

The current version of Decree of the Government of the Russian Federation of June 21, 2012 No. 616 contains a list of 12 items of products known to everyone that customers are required to purchase in electronic form - these are water, stationery and printed products, office and some other equipment, cars and trailers for them, services for their repair and cleaning of buildings. The changes approved by Decree No. 1217 increase this list by more than 10 times.

Even in an enlarged form, the obligation of the customer to conduct purchases in electronic form now applies to the following groups of goods:

Medical products (dressing materials, rubber pharmaceutical products, vessels for drugs, instruments, prostheses, medical furniture, etc.).
Container (wooden, metal).
Computer, electronic, optical, writing, copying equipment.
Cash registers.
Office furniture.
Air filters, fuel filters.
Equipment for nuclear reactors.
Transformers and electrical installation equipment.
Conveyors.
Machine tools.
Cars, buses, trucks, trolleybuses.
Scales and handling equipment.
Metal structures and fasteners.
Various types of stationery (from buttons and trays to folders and felt-tip pens).
Printed products (including books, magazines, calendars).
Application software.
Audio and video recordings.
Printing and video recording services.
Sales, towing, vehicle inspection and repair services.
Services in retail trade of fuels and lubricants.
Warehousing services.
Cleaning and cleaning services.
Computer and equipment repair services.

Components for the equipment listed above (including internal combustion engines) are purchased in electronic form, like the equipment itself. There are additional categories not listed above, such as fitness wear, playing cards, or metal magnets. In total, the list of Decree No. 616 as amended by Decree No. 1217 contains more than 150 items.

With this approach, a correct understanding of the very essence of e-procurement becomes even more relevant. Law enforcement practice has developed an unambiguous interpretation of the requirement of Law No. 223-FZ in the sense that only a purchase conducted on an electronic trading platform can be considered an electronic purchase. At the same time, all procurement stages must be implemented at the ETP - from the publication of a notice to the publication of the final protocol (and not just its individual elements).

Exactly this understanding has been established at the legislative level since 2016 by amendments to Law No. 223-FZ. The same amendments establish the concept of an electronic platform. For more than a year, electronic procurement under Law No. 223-FZ will be carried out in the current mode at those sites that are chosen by the customers themselves. During this time, it is planned to select universal electronic platforms, to which in 2017 it is planned to transfer purchases made in accordance with the rules of 223-FZ.

It is also important to recall here that even after the entry into force of Decree No. 1217, the customer can independently choose for electronic procurement not only an electronic platform convenient for him, but also the specific method of procurement in which he will carry it out - this, as well as today, may not be only an electronic auction, but also an electronic tender, an electronic request for quotation or an electronic request for proposals.

New classifiers

OKVED 2 and OKPD 2 classifiers for procurement under Law No. 223-FZ came into effect on January 1, 2016. Changes approved. Decree No. 1217 provides for their use in the following cases:

When compiling a list of products purchased from small and medium-sized businesses (clause 5 of the amendments).
When drawing up a procurement plan (clause 3 of the amendments).
When placing a notice of purchase (clause 2 of the amendments).
When compiling a list of information included in the register of unscrupulous suppliers (clause 4 of the amendments).

The All-Russian Classification of Economic Activities (OKVED2) OK 029-2014 (NACE Rev. 2) and the All-Russian Classification of Products by Types of Economic Activities (OKPD2) were approved by order of Rosstandart dated January 31, 2014 No. 14-st. By the same order, from January 1, 2016, the following were canceled:

All-Russian Classification of Economic Activities (OKVED) OK 029-2001 (NACE Rev. 1).
All-Russian Classification of Economic Activities (OKVED) OK 029-2007 (NACE Rev. 1.1).
All-Russian classifier of economic activities, products and services (OKDP) OK 004-93.
all-Russian classifier of products by type of economic activity (OKPD) OK 034-2007 (KPES 2002).
All-Russian classifier of public services (OKUN) OK 002-93.
All-Russian classifier of products (OKP) OK 005-93.

The new classifiers also have official websites: OKVED 2 And

which relate to electronic procurement. Recall that the novelties are provided for by the Federal Law of December 31, 2017 No. 505-FZ. Head of Legal Expertise Department of B2B-Center, PhD in Law, Dmitry Kazantsev prepared a brief overview of innovations.

Procurement in electronic form and the status of ETP

Competitive purchases are by default carried out in electronic form (part 2 of article 3). Exceptions to this rule must be expressly stated in the Procurement Regulations.

The concept of electronic procurement is introduced as a competitive procurement conducted on an electronic platform (Part 1, Article 3.3). The requirements for the operator of an electronic site are reduced to its organizational and legal form and ownership structure (part 2 of article 3.3). No other requirements for operators of electronic platforms for conducting electronic procurement under the rules of Law No. 223-FZ have been established by novels.

Only for electronic procurement, in which only SMEs participate, the operator of the electronic site must meet one more requirement: it must be included in the list of sites approved by the Government of the Russian Federation where such procurement is carried out in accordance with the rules of Law No. 223-FZ (part 11 of Art. .3.4).

A site can be included in such a list if it simultaneously meets:

a) uniform requirements provided for by Law No. 44-FZ.

b) additional requirements established by the Government of the Russian Federation for electronic platforms where procurement is carried out with the participation of exclusively SMEs in accordance with the rules of Law No. 223-FZ.

At present, the Government has not approved either uniform requirements or additional requirements.

At the same time, in order to conduct electronic procurement in accordance with the rules of Law No. 223-FZ, the Government of the Russian Federation will approve a separate list of electronic sites (direct indication of part 11 of article 3.4).

Procurement methods in electronic form

A closed list of procurement methods used in the course of procurement involving exclusively SMEs has been formulated (Part 2, Article 3.4). Such purchases are carried out exclusively in electronic form.

For all other purchases, the list of permitted methods is open (direct indication of clause 2, part 3.1, article 3). The customer, as before, has the right to conduct procurement in the ways established in its Procurement Regulations. The customer retained the right to establish additional elements of these purchases - such as the first stage, prequalification, rebidding. Only these additional elements should now be called stages (part 24 of article 3.2).

The mandatory participation of the procurement commission in determining the winner of each competitive procurement is provided for (part 8 of article 3.2). The composition of such a commission and the procedure for its work, as before, the customer determines independently.

The customer is deprived of the right to refuse the purchase after opening the envelopes, regardless of the method and form of the competitive purchase (part 5 of article 3.2). The novels also do not provide for the right to refuse to conclude a contract.

The use of the terms "competition", "auction", "request for quotations" and "request for proposals" established by paragraph 1 of part 3.1 of Art. 3, by virtue of the above, is desirable, but not mandatory.

When carrying out these purchases, the customer is limited by the deadlines established by Art. 3.2 for the publication of the notice and documentation in the EIS:

Competition - 15 days before the deadline for accepting applications (part 17 of article 3.2);
Auction - 15 days before the deadline for accepting applications (part 19 of article 3.2);
Request for quotations - 5 working days before the deadline for accepting applications (part 21 of article 3.2);
Request for proposals - 7 working days before the deadline for accepting applications (part 23 of article 3.2).

When conducting a procurement with the participation exclusively of SMEs, Part 3 of Art. 3.4 other terms are established.

Due to the fact that these terms are established in Art. 3.2, dedicated to the general procedure for conducting a competitive purchase, regardless of the form of such a purchase, then the control of these terms rests with the customer. However, when purchasing in electronic form, the customer can set up automated timing control (if the corresponding functionality of the electronic platform is available), which does not allow announcing an electronic procurement in violation of these deadlines.

The contract based on the results of competitive procurement is concluded no earlier than ten days and no later than twenty days from the date of placement in the unified information system of the final protocol drawn up on the results of competitive procurement (part 15 of article 3.2). When conducting procurements involving exclusively SMEs, such an agreement is concluded only on an electronic platform, in all other cases - in the manner specified by the customer.

Procurement information support

In addition to the requirements for the composition of the notice and procurement documentation, Law No. 223-FZ now establishes requirements for protocols. In part 13 of Art. 3.2 establishes requirements for the composition of the protocol formed during the procurement process. This may be a protocol for opening envelopes, a protocol for prequalification, a protocol for the first stage, etc. In Part 14 of Art. 3.2 establishes requirements for the content of the final protocol.

By virtue of the instructions h. 1 Article. 3.3 when purchasing in electronic form, both categories of protocols are formed on the electronic site semi-automated based on the information uploaded to the electronic site by the customer. Protocols are signed in any case with an enhanced qualified signature of the customer.

But the procurement documentation, due to its volume and specificity, cannot be formed by filling in the fields and forms of the electronic platform, and therefore the control of its composition is not assigned to Art. 3.3 to the electronic platform. It is especially important to pay attention to the fact that part 10 of Art. 4 expands the requirements for the composition of such documentation. In particular, now the customer is obliged to indicate the timing of each stage, as well as the criteria for evaluating the application and the procedure for their application. The requirements for the composition of the notice of purchase in Part 9 of Art. 4.

Formalized by amendments and clarification of documentation. The participant has the right to submit a request for clarification at least three working days before the deadline for accepting applications. Within three working days from the date of receipt of the request, the customer publishes an explanation in the EIS indicating the subject of the request, but without indicating its author. When conducting electronic procurement, the customer may ignore a request that did not come through the electronic platform. The site, for its part, rejects a request received without an enhanced qualified signature. However, due to the lack of special provisions in Art. 3.3 control of the content of the request, as well as the timing of its receipt, remains with the customer.

Part 6 Art. 3.3 actually imposes on the electronic platform the obligation to integrate with the EIS and the hourly period for posting information published during electronic procurement in the Unified Information System. The norm of the article is formulated not quite clearly - "information must be posted" - without indicating the subject of the obligation.

Amendments to Part 5 of Art. 4 allow the customer by default not to place information on non-competitive procurement in the EIS. Of course, the customer has the right to prescribe an exception to this rule in his Procurement Regulations.

Finally, part 12 of Art. 3.2 obliges the customer to keep at least three years the protocols, applications, documentation and other documents drawn up during the competitive procurement. Although the customer remains responsible for storage, it is logical to indicate the electronic site as the place of storage of these materials when purchasing in electronic form. Such an indication should be made in the Procurement Regulations.

Electronic signature

The electronic site does not have the right to accept documents and information from either the customer or the procurement participant that are not signed with an enhanced qualified electronic signature (part 5 of article 3.3).

Offer matching

When purchasing in electronic form, not only the applications of the participants are submitted through the electronic platform, but also the comparison of prices takes place in the same place (part 1 of article 3.3). To do this, when announcing the purchase, it is necessary to establish in the notice and the procurement documentation the obligation of the procurement participant to submit price proposals by filling out the appropriate form in the interface of the electronic platform.

The operator of the electronic site is obliged to ensure the confidentiality of information about the participant who submitted the documents before summing up the results of the procurement (part 8 of article 3.3). Simply put, not only other participants, but also the customer himself does not have the right to know the name of the applicant until the moment when he determines the place of this application in the final ranking. To do this, it is necessary to oblige the procurement participant to submit information about himself (de facto - the second parts of the application) in a separate file. Inclusion of vendor information in a quotation file should result in the quotation being automatically rejected.

In addition, the operator of the electronic site does not allow the customer to get acquainted with commercial offers until the end of the acceptance of applications (part 10 of article 3.3). The only exception is an auction in electronic form (clause 2 of this part). And even then only in the fact that the participants, not seeing the names and composition of each other's proposals, have the opportunity to see at least the prices submitted by competitors. This exception is necessary for the online price competition within the framework of the electronic auction. Conducting price, and even more so non-price competitions in real time when conducting electronic procurement in any other way to the customer from July 1, 2018 is prohibited.

Application security

The customer is granted the right to establish a requirement to secure an application when conducting a purchase with an initial price of more than 5 million rubles (parts 25–27, article 3.2). In this case, the size of the bid security cannot be more than 5% of the initial price.

The customer, as before, specifies the ways of securing the application in the documentation. The procurement participant himself chooses a specific method of supply from among those indicated by the customer.

Cases for the return of the application security are provided for in Part 26 of Art. 3.2. It is returned to the participant in all cases not covered by the list of this part. However, neither the right to control the return of the security, nor even the right to control its size and the fact of its payment during the electronic procurement is provided to the operator of the electronic site. Control over the fulfillment of all these requirements, therefore, remains with the customer.

01/01/2013, a year has passed since the Federal Law of July 18, 2011 "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter - Federal Law No. 223) entered into force. Enterprises whose activities fall under the norms of Federal Law No. 223 carry out purchases according to the new rules.

Procurement regulations have become the basis for the activities of each individual customer working in accordance with the norms of Federal Law No. 223. The Procurement Regulation is the very set of “rules” that regulates the procurement activities of the customer and should contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, and as well as other provisions related to procurement. This document has become a kind of trap for customers.

The law provided for such procurement methods as a tender and an auction, which must be indicated in the regulation, but the main thing is that the customer was given the right to place orders by other procurement methods, establishing the procedure for their implementation in the regulation. Simply put, the customer was given the right to come up with the methods and rules of procurement.

It may seem that nothing could be better than coming up with rules and playing by them. But it is important to understand that the rules must be drawn up so as not to drive yourself into a corner with them. This primarily applies to procurement in electronic form. You can come up with a purchase of any complexity, but it can be difficult to find a site where it is possible to carry it out. The site where electronic procurement will take place must be technically capable of conducting the procurement in accordance with the rules established by the customer. Therefore, the requirements for procurement in electronic form must be prescribed in the regulation, based on the technical capabilities of the site selected for their implementation.

The choice of sites that offer to conduct purchases in accordance with the norms of Federal Law No. 223 is quite wide. Each of them fights for its users, trying to make the working conditions as attractive as possible. Therefore, it is necessary to carefully approach the choice of a site for procurement in electronic form:

study regulations or model provisions posted on the site;

contact to technical support site for advice, do not be afraid to ask all your questions about what options are available for procurement in electronic form;

find out on the cost of participation in procurement both for customers and procurement participants (most often the services of such sites will be paid);
specify which software necessary to work on the site (for example, a special electronic digital signature);
find out if the site you have chosen has an e-procurement site integration with the official site(http://zakupki.gov.ru/) (we will dwell on this in more detail);
analyze number of registered potential procurement participants on the selected resource, which can become suppliers (performers, contractors) under the contract;
pay attention to additional services that make the work of employees simple and convenient.

Integration of the site selected for placing purchases in electronic form under Federal Law No. 223 with the Official site for placing information on placing orders (http://zakupki.gov.ru/) will be a plus and may facilitate the work. The integration function provides an automated exchange of procurement information with the Official Website. The scheme of integration with the Official site should also be clarified in the technical support of the site in order to avoid mistakes in the process of posting information about procurement.

All this will help to add up a general idea of how purchases in electronic form within the framework of Federal Law No. 223 and choose the best method that suits you. After all, the effectiveness of the purchases will depend on this.

After analyzing the individual provisions of, probably, the most recently discussed Federal Law No. 223, we summarize the above:

1. Federal Law No. 223 gives a certain freedom for maneuver. These opportunities should be used and the procurement activities of the enterprise should be organized in such a way that it is convenient for both the customer and the product suppliers.

2. The development of the regulation must be approached very carefully, especially in terms of electronic procurement.

3. Do not overload the position with incomprehensible and unnecessary rules and procedures - this will complicate the work and confuse suppliers.

4. No need to invent purchases in electronic form, which cannot be carried out on any of the currently existing sites. First, select a site for electronic procurement, and then, based on its technical capabilities, reflect the rules for conducting them in your procurement regulations.

Thus, we hope that, guided by these simple rules and recommendations, you will be able to more effectively carry out procurement activities for your organization in accordance with the law.

Kuzmina Elena Valerievna,
manager of NPO "EFA"

February 19, 2013

Do you have any questions about electronic procurement in accordance with with Federal Law No. 223 or how to choose a site for such purchases? You can on this topic to ECDP specialists.

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