The main changes are 44 FZ per year. Legal services. Important changes in the conduct of the competition and the request for quotations

After the reform of Federal Law 44 in December 2017 (Federal Law 504 of December 31, 2017), a number of significant adjustments are expected in the legislation governing the contract system. The first changes will take effect in July 2018, and innovations will continue until the end of 2018. We tell you about the July innovations.

Financial control

From July 1, the ordering organization must provide information about the evading participants within 3 days. The deadline is set for all cases.

Planning procedure

From 01.07.2018, the time interval between and (part 14 of article 21 44-FZ) is reduced for the following cases:

publication of a repeated notice for a previously unsuccessful purchase;
order from sole supplier.

Previously, this period was 10 days, after making changes - 1 day. For all other cases, the ten-day period rule remains in force (Letter of the Ministry of Finance of Russia dated November 28, 2017 No. 24-01-09 / 78889).

Purchase from a single supplier

Since July, the grounds for concluding a contract with (clauses 25.1-25.3, part 1, article 93 44-FZ) are added. Failed e-purchases are included in the list of reasons for purchasing from a single supplier. He will be considered the winning bidder.

National treatment in procurement

From 01.07.2018, bidders are required to purchase products only if a specific product, the purchase is subject to restrictions.

If the purchase falls under the prohibitions or admission conditions and, at the same time, the participant's application does not contain documentation confirming the origin of the goods from the EAEU countries, then such an application is considered to offer the supply of foreign goods. In those cases, if the TRU from the application falls under the ban, then it should be rejected. If restrictions or admission conditions are established in relation to GWS, then before deciding to reject the application, it is necessary to familiarize yourself with the relevant regulatory documents.

In the event that an order falls under the prohibitions and restrictions on the fact of considering the first parts of applications during electronic procedures (tenders and auctions), the ordering organization receives notifications from the site operator about the presence of among the approved applications:

proposals for the supply of GWS of Russian origin during electronic tenders (clause 3, part 9, article 54.5 44-FZ) without specifying information about the participants who submitted the proposal;
proposals for the supply of GWS of Russian origin in electronic auctions (part 9 of article 67 - new edition) without specifying information about the participants who submitted the proposal.

In the minutes on the consideration of applications, it is necessary to indicate information about such offers and participants recognized by bidders, as well as proposals for the supply of GWS from foreign manufacturers or foreign residents.

Electronic signature

Since July 2018, all digital documents must be signed (clause 3 of part 1 of article 4, part 2 of article 5, part 5.5 of article 112 of the ZKS). To implement the goals and provisions of 44 FZ, all procurement participants use certificates of ES verification keys (part 5.5 of article 112 of the ZKS).

Until 31.12.2018, the responsibility for ensuring the EECP of the participants in the contract sphere falls on the bodies of the Federal Treasury.

Electronic purchases

From 01.07.2018 from part 2 of Art. 48 44-FZ excluded the provision that the customer organization in all cases conducts procurement through an open tender, that is, an open tender is no longer the main method of tendering.

Now the customer has the right to conduct electronic purchases using all available competitive:

competition - open, with limited participation, two-stage;
closed electronic procedures;
request for quotes;
request for proposals.

The customer can also choose an auction for public procurement.

From 07/01/2018 to 01/01/2019, the customer can make a choice: if desired, carry out the procedures either in electronic or paper form. From 01/01/2019, the choice is excluded, and only electronic auctions will be held.

From July 1, lots can also be allocated when conducting competitive methods, in addition to requests for quotes and offers, as well as open and closed electronic procedures.

Rights of the Government of the Russian Federation

Since July 2018, the Government of the Russian Federation has the right to approve:

standard application forms and documentation for participation in electronic trading;
the procedure for determining the minimum term for the supplier to fulfill the terms of the contract;
minimal and CC with a single supplier.

The procedure for conducting paper procedures

From 01.07.2018, with the conduct of purchases in paper form, there is no need to submit bids to in electronic format... Also, new requirements were established for the information entered on the envelopes of applications in tenders (it is necessary to indicate the name of an open tender), the rules for returning an application when requesting quotations have been concretized, and requirements for the content of an application in a tender and a request for quotations have been expanded (it is necessary to indicate the address).

When making a request for quotations, it is also necessary to indicate in the application price offers to each position of the purchased goods and attach a declaration of conformity to the requirements of clauses 3-9, h. 1, Art. 31 44-FZ.

When purchasing through a tender and requesting quotations, the name of the producing country is indicated only if the purchase falls under the national regime (Art. 14 44-FZ).

The procedure for conducting electronic procurement

From 01.07.2018, the rules for accrediting participants, the procedure for providing security for applications and concluding contracts will change.

When purchasing GWS by EA, in the first parts of applications, the trademark and specific indicators similar to the auction documentation must be indicated only if there is no indication of the trademark in the ZD or the participant offers identical products with a different trademark. In other cases, the participant agrees with the conditions established by the AP, which is confirmed by the use of the ES software and hardware. The name of the producing country is indicated only on the basis of Art. 14 44-FZ.

In the second parts of the applications, participants are required to indicate the postal address. All declarations are submitted using ES software and hardware.

Introduced new order consideration of the first parts of EA applications:

if the NMCC does not exceed 3 million rubles, the period for consideration of the first parts should not exceed 1 working day from the date of the deadline for submitting applications;
in the protocols it is necessary to indicate information in accordance with Art. 14 44-FZ, if such restrictions were imposed by the customer.

The ES operator assigns and enters the application identification number into the protocol.

The concept of the EA step is changing - from 0.5 to 5%, but not less than 100 rubles.

New edition of Art. 83.2 establishes the rules for concluding contracts based on the results of procurement in electronic form. The winner or the only participant in such a public procurement is obliged to conclude a contract based on the results of its implementation. Otherwise, he will be considered to have evaded the conclusion of a contractual relationship.

The contract is concluded on the conditions specified in the notification and the contractual agreement, as well as the bid of the winner of the procurement, at the price proposed by the winner.

From 01.07.2018 it is not required to report on separate stages of the contract, with the exception of contracts for performance construction works at cultural heritage sites and those contracts whose price exceeds 1 billion rubles (part 9 of article 94 44-FZ).

General provisions - electronic platform

From 01.07.2018 the following concepts are introduced:

Platform (EP) - a website on the Internet that meets the requirements of clauses 1 and 2, part 2 of Art. 24.1 44-FZ, where competitive ways determination of suppliers in electronic form, with the exception of closed methods (part 17 of article 3 44-FZ).
Electronic signature operator - non-public economical society, in the authorized capital of which foreign citizens, stateless persons, foreign legal entities own no more than 25% of the shares (stocks) of such a company and which owns the ES, including the software and hardware necessary for its operation, ensures its functioning, and also complies with those established in clause 1 and 2 h. 2 tbsp. 24.1 44-FZ requirements and is included in the list of ES operators approved by the Government of the Russian Federation (part 18 of article 3 44-FZ).
Specialized ES - corresponding to the established clauses 1 and 3 of part 2 of Art. 24.1 requirements of an information system, access to which is carried out using secure communication channels and on which closed electronic competitive methods for determining suppliers are carried out (part 19 of article 3 44-FZ).
Operator of a specialized ES is a Russian legal entity that owns a specialized ES, including the software and hardware necessary for its operation, ensures its functioning, and also complies with those established in accordance with clauses 1 and 3 of part 2 of Art. 24.1 44-FZ requirements and is included in the list of specialized electronic signature operators approved by the Government of the Russian Federation (part 20 of article 3 44-FZ).

Operators of electronic signature and specialized electronic signature have the right to charge a fee for participation in electronic trading from participants in such procedures and persons with whom contracts are concluded, as well as for carrying out the procedure in electronic form from the customer organization (part 4 of article 24.1 44-FZ) in those cases when the Government of the Russian Federation determines the right, procedure and amount of such a fee.

The collection by the operator of the electronic signature of the payment under Part 4 of Art. 24.1 will not apply to public procurement under Federal Law 44 (clause 10, part 2, article 1).

An important change was the permission not to decrypt information on purchases of several groups of goods and services (so-called one-line). According to these TRU in the plans, schedules and procurement plans, customers can simply indicate them in one line, without writing explanations.

medicines;
purchases up to 100 thousand rubles;
repair work / work on the maintenance of non-residential premises;
teaching and guide services;
hiring employees for statistical analysis;
gaining access to foreign sources of information.

That is, in 2018, data on non-competitive purchases in accordance with paragraphs 23, 42 and 44 of Part 1 of Art. 93 of Law No. 44-FZ.

Schedule and procurement plan in 2018

The main changes from January 1 affected the plan, schedule and procurement plan. The forms have become more detailed. According to the new rules of 2018, the procurement plan must indicate the amount of funds for each BCC and subsidy agreement in the current, subsequent and planned years.

In the schedule, the customer needs to indicate the price for purchases, including with a single supplier, and information about goods, works or services with units of measure.

The changes in 2018 are as follows:

1 From 01.01.2018, if the customer enters into a long-term contract with the supplier, he will need to confirm that financing will be available for the entire duration of the contract. In other words, for such contracts under 44-FZ, information on financing for the entire period of their validity must be entered in the procurement plan for 2018-2020 if it goes beyond these three years.
At the same time, it is not necessary to include items already included in the procurement plan and 2017 schedule in the procurement plan and procurement schedule for 2018-2020;

2 Restrictions on making changes to a plan that has already been drawn up and approved. Now you can change only if the price has changed, if the legislation has changed, or the format of the procurement has changed (the concept of "format" includes both the type of procedure and the timing or volume).

Healthy

A free webinar on the changes that come into force in 2018, the new rules on subsidies, we will analyze the fresh document - the conditions for the admission of medical devices according to Government Decree No. 1469 of 12/04/2017.

Watch video and presentation "

Changes to 44-FZ concern a new sample of plans in 2018. The Ministry of Economic Development and Trade previously recommended that customers also bring the existing plans in line. Requirements for the formats and forms of the procurement plan are listed in the Government of the Russian Federation dated January 25, 2017 No. 73. Recommendations of the Ministry of Economic Development on the same topic are given in a letter dated March 7, 2017 No. D28i-1089

Under the new requirements, from 2017, customers must now prescribe the amount of funding in rubles (and not in thousands of rubles) and detail the data on special purchases. At the same time, information on the amount of financial support under the agreement on the provision of a subsidy does not need to be reflected in the plan. Please note that the amount of financial security is not the same as the NMCK, and not necessarily the same as the amount of funds brought to the customer for the purchase.

Also, according to the amendments, federal customers under 44-FZ from 2018 must include information about purchases, which constitute a state secret, in an appendix to the procurement plan for the financial year and for the planning period. This application is classified in accordance with paragraphs 3, 3 (1) of Resolution No. 1043.

Electronic procurement

P / p No.	What will change	Whom it concerns
1	Rules according to which the security of applications is made	Electronic platforms
2	Disagreement protocol may only be filed once.	Suppliers
3	Participation fee has appeared	Electronic platforms
4	The number of uniform requirements has increased	Suppliers
5	After the third error, the security of the application will be transferred to the budget	Suppliers
6	The principles of the formation of the final protocol have changed	Electronic platforms
7	In the volume of purchases from the SMP, the supplier is taken into account	Customers
8	The competition is extended if none of the participants meets the requirements	Customers
9	The deadline for submission of applications is taken into account in working days	Customers
10	Rebidding was introduced into the competition	Customers
11	The minimum auction step was set at 100 rubles	Suppliers
12	Reduced the time for consideration of applications in auctions to 3 million rubles	Customers
13	You don't have to wait 10 days for non-competitive purchases and purchases that did not take place	Customers
14	Payment under the contract will be reduced by the amount of taxes, fees, when required by law	Customers
15	Purchases from a single supplier after a failed procedure no longer need to be coordinated with the FAS	Customers
16	Collateral will be required only in purchases from the NMCC over 5 million rubles	Suppliers
17	The register of procurement participants will be kept in the EIS	Suppliers
18	Documents are signed only by a strengthened CEP	Suppliers
19	Securing the application in the auction can be made with a guarantee	Suppliers
20	Increased the term for information in the register of contracts	Customers

There are a lot of changes, they have been corrected and supplemented more than once, so in adopted law difficult to navigate. The sheer number of references in this 200-page text of amendments makes it difficult to quickly and clearly understand what has changed. We did all the hard work for you and sorted out the most important things that affected customers and suppliers. Read on and stay updated!

Purchase of medicines

Customers purchasing medicines, in accordance with Resolution No. 1380 from January 1 in terms of reference are obliged to indicate the dosage form, dosage and remaining shelf life. It is also possible to indicate the route of administration of the drug, for drugs used in pediatrics - the age of the child. When purchasing medicinal products by decision of the medical commission, it is allowed to indicate the trade name.

Drug procurement has become special

Now we need to carefully prepare the terms of reference and determine the initial price in the purchase of drugs. We have adopted the rules according to which customers should describe the purchased drugs. And in order to calculate the NMC of such a purchase, several options were proposed.

Understand the changes

The new rules contain prohibitions. It was forbidden to prescribe in the documentation:

dosage equivalents if solid dosage forms have to be divided;
drug dosage units, when they can be converted to other units of measurement;
the volume of filling of the primary package (except for solutions for infusion);
the presence or absence of excipients;
the temperature at which the drugs are stored when there is an alternative regimen;
release form of the drug;
the number of drug units in the secondary package and the requirement to supply the number of packages instead of the amount of the drug;
requirements for indicators of pharmacodynamics and pharmacokinetics of the drug;
all characteristics from the instructions for use, which specify the manufacturer.

Purchases of foreign software

According to the Government No. 1594 of December 20, 2017, from January 1, a ban came into effect on the purchase of software or the right to use it from foreign countries. Software from the EAEU member states must be included in the register, which will be created by the Ministry of Telecom and Mass Communications. For Eurasian programs, the same requirements will apply as for Russian software.

When forming a purchase, the Customer needs to check whether the purchased software is included in the register. If so, then it is necessary to establish a ban on the admission of foreign programs. Participants offering products from the registers will be allowed to purchase.

Keeping a register of contracts

On January 1, verification of information from the register of contracts was resumed, including from the register of contracts containing information constituting a state secret. Information on the timing of the execution of contracts, the number and unit of measurement of contracts, the consistency of information and documents is checked.

The customer must indicate information about co-executors and subcontractors who are small businesses or socially oriented non-profit organizations, including indicate their TIN, location, date of the contract, the subject of the contract and its price. These changes are indicated in the Government No. 443 dated April 13, 2017.

Bank guarantees

Changes were planned for 44-FZ from January 1, 2018 in part 1 of article 45 of the procurement law. These amendments relate to changes to the requirements for banks issuing guarantees. The entry into force of the changes was postponed to June 1, 2018 (dated December 29, 2017 No. 475-FZ).

Under the new rules, customers will be required to accept guarantees only from representatives of the list of banks that will meet the requirements of the Ministry of Finance in 2018. The government requirements themselves are defined in No. 267-FZ dated July 29, 2017.

Catalog of goods, works and services

When describing a procurement object, customers are obliged to use information from the Catalog of goods, works and services posted in the EIS (if any). The KTRU contains information on technical regulations, model contracts or conditions, the start date of the mandatory application of information from the catalog, characteristics, prices and terms of delivery of the procurement object, etc.

To view reference information, information on technical regulations and standards that apply to a product, work, service, go to the KTRU position card. Then go to the "Reference Information" tab.

Register of sole suppliers

On January 1, the Register of the only suppliers of goods began to work on the EIS, which indicates suppliers who manufacture or modernize goods in the Russian Federation in accordance with No. 442 of April 13, 2017. Registry information is publicly available.

The grounds for purchasing from a single supplier from the register are listed in Article 111.3 of Law No. 44-FZ. The contract is concluded under clause 47 of part 1 of article 93 of Law No. 44-FZ.

Full review (with comments) of changes in legislation on contract system effective in 2018.

1. When describing the object of the procurement, a trademark may be indicated in combination with the phrase "or equivalent"

Since January 11, 2018, clause 1 of part 1 of article 33 of Law No. 44-FZ on the contract system has been amended:

1) in the description of the procurement object, the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary) are indicated. The description of the object of the procurement shall not include requirements or indications in relation to trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the country of origin of the goods, requirements for goods, information, works, services, provided that such requirements or instructions entail a limitation of the number of participants in the procurement. It is allowed to use an indication of a trademark in the description of the object of purchase, provided that such indication is accompanied by the words "or equivalent" or provided that the goods on which other trademarks are placed are incompatible, and the need to ensure the interaction of such goods with the goods used by the customer, or subject to the purchase of spare parts and Supplies to the machines and equipment used by the customer, in accordance with the technical documentation for the specified machines and equipment

Thus, it is permitted to indicate the trademark of a particular manufacturer in combination with the phrase “or equivalent” when describing the object of the procurement, including when supplying the goods.
Previously, it was allowed to indicate a trademark, accompanied by the phrase "or equivalent" only if, when performing work, rendering services, it is supposed to use goods, the delivery of which is not the subject of procurement.

Also interesting exception from the law phrase "The description of the object of the procurement must be objective in nature"... In addition, from January 11, 2018, procurement control authorities and complainants will be required to identify and prove specific violations of the rules for describing the procurement object, and not just declare that the description of the procurement object is not objective.

2. Description of medicinal products

On January 1, 2018, the Decree of the Government of the Russian Federation of November 15, 2017 No. 1380 "On the specifics of describing medicinal products for medical use that are the subject of procurement to meet state and municipal needs" entered into force.
The resolution was issued in order to implement part 5 of article 33 of Federal Law No. 44-FZ and establishes information that customers must and have the right to indicate when describing medicinal products in the procurement documentation, in addition to the information provided for in paragraph 6 of Part 1 of Article 33 of Federal Law No. 44-FZ.
In addition, there is a prohibition on the description of the characteristics of medicinal products contained in the instructions for use of these medicinal products and indicating specific manufacturers of medicinal products.

3. Customers have the right to conclude contracts during the period of revocation of the limits of budgetary obligations

Federal law dated July 18, 2017 No. 178-FZ "On Amendments to the Budget Code Russian Federation and Article 3 of the Federal Law "On Amendments to the Budget Code of the Russian Federation and the Recognition of Certain Provisions of Legislative Acts of the Russian Federation invalid" is set out in a new version of Clause 3 of Article 72 of the Budget Code of the Russian Federation.

From 01.01.2018, state and municipal customers have the right to conclude state and municipal contracts during the period of revocation of the limits of budgetary obligations in order to bring them in line with the law (decision) on the budget in an amount not exceeding the volume of accepted budgetary obligations registered in the manner established by the financial authority.

4. The contract can be concluded with the next procurement participant in case of refusal to conclude a contract with the winner on the basis of parts 9, 10 of article 31

From January 11, 2018, Federal Law No. 504-FZ of December 31, 2017 enters into force a new version of Part 11 of Article 31 of Law No. 44-FZ on the contract system.

The customer has the right, in case of refusal to conclude a contract with the winner of the determination of the supplier (contractor, performer) on the grounds provided for in parts 9 and 10 of Article 31 of Law No. 44-FZ on the contract system, to conclude a contract with another procurement participant who offered the same one, as well as the winner of such a purchase, the price of the contract or the proposal for the price of the contract which contains Better conditions at the contract price following the conditions proposed by the winner.

Grounds for refusal to conclude a contract:

1) Failure to comply with the following requirements (or providing false information about its compliance with the requirements) (part 9 of article 31):

uniform requirements to the procurement participants;
the requirement that there are no unscrupulous suppliers in the register (if any);
additional requirements established by the Government of the Russian Federation;
additional requirements for participants in the procurement of audit and audit-related services, as well as consulting services established by the Government of the Russian Federation.

2) If the customer or the procurement commission discovers that (part 10 of article 31):

the maximum selling price of medicinal products is not registered;
the proposed price of the purchased medicinal products (if the procurement participant is a manufacturer of such medicinal products or if, when purchasing for federal needs, the NMCC exceeds 10 million rubles, and if purchasing for the needs of a constituent entity of the Russian Federation and municipal needs, the NMCC exceeds the amount established by the supreme executive body state power constituent entity of the Russian Federation and is no more than 10 million rubles) exceeds their maximum selling price specified in the state register of maximum selling prices included in the list of vital and essential drugs, and the procurement participant refuses to reduce the offered price when concluding a contract.

The contract will be concluded in accordance with the procedure established for the conclusion of the contract in case of evasion of the winner of the procurement from the conclusion of the contract. But if the winner of the purchase, with whom the customer refused to conclude a contract on the grounds specified in part 9 and paragraph 1 of part 10 of article 31 of Federal Law No. 44-FZ on the contract system, is not considered to have evaded the conclusion of the contract and information about him is not sent to the FAS for inclusion in the Register of unscrupulous suppliers. If the customer refuses to conclude a contract on the grounds provided for in clause 2 of part 10 of article 31 of Law No. 44-FZ, the winner is recognized as having evaded the conclusion of the contract, and information about him must be sent to the FAS.

The very procedure for refusing to conclude a contract has not changed.

5. Model contract for the supply of medicinal products for medical use

From 01.01.2018, the order of the Ministry of Health of Russia dated 26.10.2017 No. 870n on the approval of a standard contract for the supply of drugs for medical use came into force.

As of January 8, 2018, the standard contract approved by the specified order of the Ministry of Health of Russia, in a single information system not posted and, therefore, is not currently subject to mandatory application customers.

(Order of the Ministry of Health of Russia dated October 26, 2017 No. 870n "On approval of the Model contract for the supply of drugs for medical use and the information card of the Model contract for the supply of drugs for medical use")

6. The introduction of new requirements for bank guarantees has been postponed

The entry into force of new requirements for bank guarantees used as collateral for applications and execution of contracts was postponed to June 1, 2018.

Currently, customers accept bank guarantees issued by banks included in the list of banks provided for in Article 74.1 of the Tax Code of the Russian Federation that meet the established requirements for accepting bank guarantees for tax purposes.

7. Changes in purchasing from a single supplier

There are new grounds for purchasing from a single supplier (contractor, contractor):

conclusion by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, authorities local government contracts for the provision of services for the implementation of rating actions by legal entities recognized in accordance with the legislation of the Russian Federation as credit rating agencies, as well as foreign legal entities carrying out rating actions outside the territory of the Russian Federation

procurement of works on the modernization of federal state information systems for information and legal support of the activities of the chambers of the Federal Assembly of the Russian Federation and services for the support of such systems

provision of services for the management of municipal solid waste

Clause 43 of Part 1 of Article 93 of Federal Law No. 44-FZ has ceased to be in force.

8. Resumption of control in the field of procurement in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ

From January 1, 2018 for federal customers, the provisions of the Decree of the Government of the Russian Federation of 12.12.2015 No. 1367 "On the procedure for exercising control provided for by part 5 of Article 99 of the Federal Law" On the contract system in the field of procurement of goods, works, services for the provision of state and municipal needs ":

paragraph two of clause 14,
paragraph two of clause 15.

Customers making purchases to meet federal needs will not be able to place information and documents that are the object of control in the unified information system in the field of procurement until the violations identified by the subjects of control (the Federal Treasury, governing bodies of state extra-budgetary funds) are eliminated.

For customers making purchases to meet the state needs of the constituent entities of the Russian Federation and municipal needs suspended until January 01, 2019

9. Suspension of verification by the Treasury of information sent to the register of contracts has been extended

Until January 1, 2019, the suspension of verification by the Treasury of information sent by customers to the Register of Contracts has been extended.
The action of subparagraph "c" of paragraph 14 of the Rules for maintaining a register of contracts concluded by customers (approved by the Decree of the Government of the Russian Federation of November 28, 2013 No. 1084) has been suspended in terms of checking the consistency of documents and information submitted by the customer:

the term of the contract,
quantity of goods, scope of work and services (if any) and units of measurement,
execution and termination of the contract, including consistency with the terms of the accepted (accepted) budgetary obligations.

The suspension of clauses 2, 10, 18 and 22 of the Rules for maintaining a register of contracts containing information constituting a state secret was also extended. Until January 1, 2019, the Federal Treasury, the authorized executive body of the constituent entity of the Russian Federation and the authorized local government body are allowed to maintain a register of contracts containing state secrets.

10. Changing the procedure for considering applications of individuals to control bodies

From January 11, 2018, Article 99 of Federal Law No. 44-FZ is supplemented with part 15.1.
A new procedure is being established for considering appeals from any individuals(including individuals carrying out entrepreneurial activity without forming a legal entity ( individual entrepreneurs)) control authorities in the field of procurement.

Now, complaints about actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, an operator of an electronic site or a procurement commission, its members, officials contract service, a contract manager received from an individual who does not meet the requirements of paragraph 1 of part 1 of article 31 of Law No. 44-FZ in relation to the object of this procurement and the right and legitimate interests which is not violated by such actions (inaction), the provisions of these documentation, notifications, are considered by the control body in accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering appeals from citizens of the Russian Federation."

For individuals (including individual entrepreneurs) who do not meet the specified requirements (for example, in the absence of a license, membership in an SRO, state accreditation, etc.), the complaint will be considered by the control body in general order consideration (as an appeal of citizens).

11. Changes in the direction of information to the register of unscrupulous suppliers

Since January 11, 2018, the Register of Unscrupulous Suppliers does not include information about the TIN of public law entities that are founders legal entities.

In addition, the customer is obliged to send information about the procurement participant who evaded the conclusion of the contract, regardless of the conclusion of the contract by the customer with the next participant.

According to the old version of the law, the evaded procurement winner could avoid being included in the Register of unscrupulous suppliers if the next procurement participant uses the right to refuse to sign the contract with the customer.

12. Changes in procurement planning

Changes in the procurement planning procedure for the needs of the constituent entities of the Russian Federation and municipal needs.

From 01.01.2018, a new version of clause 3 of the Requirements for the form of a procurement plan for goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, approved by the Decree of the Government of the Russian Federation of 21.11.2013 No. 1043, entered into force.

Now the customer is required to indicate in the procurement plan in separate lines the total amount of financial support provided for procurement in the current fiscal year, planning period and in subsequent years, detailed by the amount of financial support for each budget classification code and the amount of financial support for each grant agreement subsidies.

by the code of the budget classification in the context of a section, subsection, target item, type of expenses for state and municipal customers;
under an agreement on the provision of a subsidy from the budget of a constituent entity of the Russian Federation (local budget) in the context of each agreement on the provision of a subsidy from the budget of a constituent entity of the Russian Federation (local budget).

Information on the amount of financial support under the agreement on the provision of a subsidy from the funds of the corresponding budget is not entered by the budget and autonomous institutions created by the constituent entity of the Russian Federation and municipalities.

Also, from 01.01.2018, a new version of clause 13 of the Requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, approved by the Decree of the Government of the Russian Federation of 05.06.2015 No. 554 ...

Customers making purchases for the needs of the constituent entities of the Russian Federation and for municipal needs are obliged to include in the justification for the procurement schedule a justification for the initial (maximum) contract price or the price of a contract concluded with a single supplier (contractor, performer), determined in accordance with Article 22 of the Law No. 44-FZ, indicating the quantity and units of measurement of goods, works, services (if any) included in the procurement object.

Changes in the procurement planning procedure to meet federal needs

From 01.01.2018, a new version of clause 3 of the Requirements for the form of a procurement plan for goods, works, services to meet federal needs, approved by the Decree of the Government of the Russian Federation of June 5, 2015 No. 552, entered into force.

The customer is obliged to indicate in the procurement plan in separate lines the total amount of financial support provided for procurement in the current financial year, planning period and in subsequent years, detailed for the amount of financial support for each budget classification code and for the amount of financial support for each subsidy agreement ...

In this case, information on the amount of financial security is entered:

by the code of the budget classification in the context of a section, subsection, target item, type of expenses;
under an agreement on the provision of a subsidy from the federal budget in the context of each agreement on the provision of a subsidy from the federal budget.

Information on the amount of financial support under the agreement on the provision of subsidies from the federal budget is not submitted by federal budgetary and autonomous institutions.

Also, from 01.01.2018, a new version of clause 11 of the Requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, approved by the Decree of the Government of the Russian Federation of June 5, 2015 No. 553, entered into force.

The customer is obliged to include in the rationale for the procurement schedule, the rationale for the initial (maximum) contract price or the price of a contract concluded with a single supplier (contractor, performer), determined in accordance with Article 22 of Law No. 44-FZ, indicating those included in the procurement object quantity and units of measurement of goods, works, services (if any).

13. Procurements related to the creation and operation of communications and information technology for FIFA 2018 are not carried out in accordance with 44-FZ

Get out of the scope of Federal Law No. 44-FZ on the contractual system for the procurement of goods, works, services related to the creation and operation of communications and information technologies in accordance with Federal Law No. 108-FZ of June 7, 2013 "On the preparation and holding of the 2018 FIFA World Cup in the Russian Federation, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation."

14. The Register of the only suppliers of goods appeared, the production of which is being created or modernized and (or) mastered on the territory of the Russian Federation

From 01.01.2018, clause 2 of the Rules for maintaining the register of sole suppliers of goods, the production of which is being created or modernized and (or) mastered in the territory of the Russian Federation, approved by the decree of the Russian Federation of February 27, 2017 No. 231, is renewed.
Thus, in the EIS, the Register of the only suppliers of goods appeared, the production of which is being created or modernized and (or) mastered on the territory of the Russian Federation.

15. The ban on the admission of foreign programs and databases does not apply to software from the states of the Eurasian Economic Union

On January 1, 2018, amendments to the Decree of the Government of the Russian Federation of November 16, 2015 No. 1236 "On the establishment of a ban on admission software originating from foreign countries for the purpose of procurement to meet state and municipal needs. "

The ban on the admission of programs for electronic computers and databases originating from foreign countries, from 01.01.2018, does not apply to software included in single register programs for electronic computers and databases from the member states of the Eurasian Economic Union, with the exception of the Russian Federation.

That is, to ensure compliance with the ban on the purchase of foreign software and databases, two registers are now maintained:
1) register of Russian software;
2) the register of Eurasian software.

Clauses 2 (1) and 2 (2) were also introduced, which disclose the concept of software and the procedure for confirming the origin of software from the Russian Federation and the member states of the Eurasian Economic Union in order to comply with this prohibition.

Software and (or) the right to it as a result of the fulfillment of the following contractual obligations means:

( cloud computing services);

2) delivery, Maintenance personal electronic computers, terminal access devices, server equipment and other means computing technology on which the software is to be installed as a result of the performance of the contract;

3) performance of work, provision of services related to the development, modification, modernization of software, including as part of existing automated systems, if such work or services are associated with the granting of rights to the customer to use the software or the expansion of the previously granted scope of rights;

d) provision of services related to escort, technical support, updating the software, including as part of existing automated systems, if such services are associated with granting the customer the rights to use the software or expanding the previously granted scope of rights.

16. Changes in the rules for the formation and maintenance of the catalog of goods, works, services

From January 1, 2018, subparagraph "e" of paragraph 10 and subparagraph "b" of paragraph 13 of the Rules for the formation and maintenance of a catalog of goods, works, services in the procurement of a catalog of goods, works, services to meet state and municipal needs, paragraph 6 of the Rules for the use of the catalog goods, works, services to meet state and municipal needs, approved by Decree of the Government of the Russian Federation of 08.02.2017 No. 14.

Reference information will appear in the Catalog maintained in the EIS:

codes corresponding to the product, work, service in accordance with Russian and international systems classification, cataloging (if any);
information on standard contracts, standard conditions of contracts to be applied in the purchase of goods, work, services (if any).

If the Catalog contains a description of the goods, work, services in given description should include, among other things, information on the technical regulations and national standards applicable to goods, works, services.

At the same time, if the customer, when describing the procurement object, indicates in the procurement plan, procurement schedule, procurement justification forms, procurement notice, invitation and procurement documentation Additional information as well as additional consumer properties, including functional, technical, quality, operational characteristics of goods, works, services in accordance with the provisions of Article 33 of Law No. 44-FZ, which are not provided for by the position of the Catalog, then from 01.01.2018 an additional obligation is imposed on him to justify inclusion in description of additional information.

17. Tenders, requests for quotations, requests for proposals will be conducted electronically

From July 1, 2018, customers will have the right to hold a tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in electronic form in accordance with Articles 54.1 - 54.7, 56.1, 57.1, 82.1 - 82.6, 83.1 of Federal Law No. 44-FZ ...

From January 1, 2019, it will be impossible to carry out procedures for determining suppliers in a "paper" form, except for the cases provided for in Articles 75, 76, 80, 82, 84, 93, 111 and 111.1 of Federal Law No. 44-FZ.

If the procedures for determining suppliers in electronic form are carried out, the contract will need to be concluded according to new rules - in accordance with Section 4.1 of Chapter 3 of Federal Law No. 44-FZ.

The protocol of disagreements can now be posted on electronic platform only once, within the time frame provided for the signing of the draft contract.

In cases established by the Government of the Russian Federation, there will be an obligation to conduct closed electronic procedures at specialized electronic platforms.

18. According to the failed procedures, the term for changing the schedule has been reduced

From July 1, 2018, amendments to the schedule can be made no later than one day before the day of placement in the EIS of a notice on the procedures for determining suppliers (contractors, performers) announced after the recognition of tenders, auctions, requests for proposals and requests for quotations invalid in connection with the absence or rejection of all applications, as well as in the case of a purchase from a single supplier (contractor, performer).

19. New requirement: no restrictions for a participant to participate in procurement

Article 31 introduces a new requirement for procurement participants: “the procurement participant has no restrictions to participate in procurement, established by law Russian Federation". The change will come into effect on July 1, 2018.

20. Clarified the requirements for the content of the contract

Article 34 introduced new requirements for the content of contracts. In particular, it was clarified that the contract includes conditions on the procedure and timing for the customer to accept the delivered goods, work performed (its results) or services rendered in terms of compliance of their quantity, completeness, volume with the requirements established by the contract. Effective July 1, 2018.

21. The government will be able to determine the minimum term for the execution of the contract and the procedure for the formation of lots

The Government of the Russian Federation has the right to determine the procedure for determining the minimum term for the supplier (contractor, performer) of the contract; requirements for the formation of lots when making purchases certain types goods, works, services. Effective July 1, 2018.

22. Securing applications only if the NMCK is more than 5 million rubles.

Unless otherwise established by the Government, the customer is obliged to establish requirements for securing applications for participation in tenders and auctions only, if NMCC exceeds 5 million rubles.
The amount of collateral will be from 0.5% to 1% of the NMCK, if the size of the NMCK is from 5 million rubles to 20 million rubles. Effective July 1, 2018.

23. Securing the application with a bank guarantee

Securing the application for participation in electronic procedures can be provided in the form of a bank guarantee from July 1, 2019.

24. Cash as security for the application - for special. check.

When participating in electronic procedures for determining suppliers, procurement participants will make cash, intended to secure applications, to special accounts opened by them in banks, the list of which is established by the Government of the Russian Federation. Effective July 1, 2018.

25. Bank guarantees are not placed in the EIS

Information about bank guarantees will not be posted on the official website of the EIS. Effective July 1, 2018.

26. It is necessary to indicate the country of origin in the bid for the auction only if the customer has established prohibitions, restrictions, admission conditions

In the first part, apply for participation in the electronic auction, the country of origin of the goods will need to be indicated only if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 of Federal Law No. 44-FZ.

27. Consent and declarations as part of the bid for the auction will be submitted using the software and hardware of the electronic platform

Consent and declarations as part of the application for participation in the electronic auction will be submitted using the software and hardware of the electronic platform.
Effective July 1, 2018.

28. The electronic platform will return the participant's application if information about the participant is included in the register of unscrupulous suppliers

The operator of the electronic site will return the application to the participant if the information about the procurement participant, incl. information about the founders, about the members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity is included in the register of unscrupulous suppliers, contractors, performers, provided that the customer establishes the requirement provided for in Part 1.1 of Article 31 of Federal Law No. 44-FZ.
Effective July 1, 2018.

29. The term for consideration of the first parts of bids for the auction is not more than 1 business day

The term for consideration of the first parts of applications for participation in the electronic auction at the NMCC, not exceeding 3 million rubles, should be no more than one working day... Effective July 1, 2018.

30. The step of the auction is not less than 100 rubles.

31. New requirements for the application for participation in the request for quotations

The application for participation in the request for quotations must contain a declaration of compliance of the participant in the request for quotations with the requirements established in accordance with paragraphs 3 - 9 of Part 1 of Article 31 of Law No. 44-FZ. Effective July 1, 2018.

32. The report on the execution of the stage of the contract is posted only in certain cases.

The obligation to post reports on the results of individual stages of the execution of the contract (part 9 of article 94) will be retained only in cases where the subject of the contract is the performance of construction, reconstruction, overhaul capital construction projects for the preservation of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation or the contract price exceeds one billion rubles. Effective July 1, 2018.

33. Contracts for failed procedures will be taken into account in the report on the volume of purchases from SMP and SONKO

From January 1, 2019, the procedure for generating a report on the volume of purchases from small businesses and socially oriented non-profit organizations- it will take into account contracts concluded based on the results of failed definitions of suppliers (contractors, performers) with the restriction under paragraph 1 of part 1 of article 30 of Law No. 44-FZ with sole participant purchases.

34. The period for posting information in the register of contracts is extended

The terms for placing information in the register of contracts in article 103 are increased to 5 working days. Effective July 1, 2018.

35. Register of procurement participants, accreditation of participants, qualified key certificates for electronic signature

The maintenance of a single register of procurement participants in the UIS will be carried out starting from January 1, 2019.
From January 1 to December 31, 2019 inclusive, procurement participants previously accredited on electronic platforms to participate in electronic procedures must register in a unified information system.
From July 1, 2018, procurement participants must apply qualified certificates of keys for verifying electronic signatures when participating in procurement in electronic form.

36. Changes in the defense order

Decree of the Government of the Russian Federation of November 27, 2017 No. 1428 (as amended on December 6, 2017) "On the specifics of procurement for the needs of the country's defense and state security" temporary rules for the implementation of closed procurement for individual customers for a period until July 1, 2018.

It was established that closed methods for determining suppliers (contractors, performers) in the period before July 1, 2018 should be applied by the following customers:

1) Ministry of Defense of the Russian Federation, as well as subordinate state institutions and state unitary enterprises;

2) federal Service security of the Russian Federation, as well as subordinate government agencies and state unitary enterprises;
3) Foreign Intelligence Service of the Russian Federation
tion, as well as subordinate government agencies and state unitary enterprises.

At the same time, approval of the procurement in the control body under part 3 of Article 84 of Law No. 44-FZ is not required if the customer will carry out purchases in accordance with the procedure established for the case provided for in paragraph 2 of Part 2 of Article 84 of Law No. 44-FZ (with the placement of a notice in the EIS ).

Information on purchases provided for by law No. 44-FZ is not posted in the EIS through closed procedures, with the exception of a notice of procurement under Resolution No. 1428, carried out in the manner prescribed for the case provided for in paragraph 2 of Part 2 of Article 84 of Law No. 44-FZ.

Information on bank guarantees provided as security for applications and (or) execution of contracts concluded as a result of closed procedures shall be included in the closed register of bank guarantees; information about contracts shall be included in the register of contracts containing information constituting a state secret.

In the event of the procurement of goods, work, services included in the auction list, customers, according to Resolution No. 1428, are obliged to conduct a closed auction using the functionality of a specialized electronic platform, the operator of which is a company with limited liability « Automated system state defense order bidding ”.

In addition, the Decree of the Government of the Russian Federation of December 19, 2017 No. 1585 "On approval of the Rules for the formation and maintenance of the register of legal entities brought to administrative responsibility for refusing or evading a contract, for which the conclusion of such a contract is mandatory in accordance with the Federal Law" On State Defense order ”established the procedure for the formation and maintenance of the corresponding register on the official website of the FAS Russia.

The register will include information on persons brought to administrative responsibility in accordance with part 2 of Article 7.29.2 of the Code of Administrative Offenses of the Russian Federation for refusal or evasion of a supplier (executor, contractor) who, in accordance with the legislation of the Russian Federation in the field of state defense orders dominant position, from the conclusion of an agreement necessary for the fulfillment of the state defense order, if the conclusion of such an agreement is mandatory for the specified person.

The basis for the inclusion of information in the register is a decision that entered into legal force on the appointment of an administrative penalty under this article of the Code of Administrative Offenses.
The grounds for excluding information about a person brought to administrative responsibility from the register are:

1) the expiration of one year from the date of completion of the execution of the decision;

2) cancellation of the resolution in accordance with the legislation of the Russian Federation;

3) the authorized body has information on the liquidation in accordance with the legislation of the Russian Federation of a person brought to administrative responsibility, confirmed by information on his exclusion from the Unified State Register of Legal Entities.
The decree entered into force on December 29, 2017.

Electronization of purchases will start in July. This means that customers under 44-FZ will be able to conduct electronic tenders, electronic requests for proposals and electronic requests for quotations. The transition to the electronic form of competitive procedures will greatly change the rules of work for all participants in the contract system. Consider the main changes in 44-FZ from July 1, 2018.

44-FZ from July 2018 in short:
☆ unified register of procurement participants;
☆ "Independent Registrar" system;
☆ new rules for securing applications;
☆ new procedure for working with an electronic signature;
☆ securing the application only with money;
☆ the terms of all competitive procedures have changed;
☆ and more.

New terms will appear in the conceptual apparatus. In Article 3 of Law No. 44-FZ, new concepts with decryptions will appear. In separate paragraphs, the article will introduce definitions of an electronic site, a specialized electronic site and the operators of these sites. Follow the changes in the latest edition of 44-FZ "

A new register will be introduced in the EIS. From 01.07.2018, a new register will appear in the EIS - a unified register of procurement participants. The treasury will be entrusted with keeping the register. Additional sub-clause 6.1, clause 6, part 3 in article 4 of Law No. 44-FZ was introduced by Law No. 504 of December 31, 2017.

New state information system "Independent Registrar". It is needed in order to track the actions of procurement participants and customers. And to record, including on video, who did what. will help all participants in the contract system to resolve controversial situations... For example, it will help to fix the inoperability of the EIS on the last day of posting information in the register of contracts. This will save the customer from a fine of 20 thousand rubles.

New rules for securing applications will come into effect. Important changes in 44-FZ from July 2018 will affect the rules for securing applications. Since July, procurement participants have been submitting collaterals for applications to special banks, which will be selected by the Government. Only state institutions were released from the obligation to provide security for applications. And the preferential terms of provision for the NSR and SONO were removed from the law altogether. The privilege for procurement participants from the category of institutions of the penitentiary system and organizations of persons with disabilities is expressed in the provision of applications in an amount that cannot exceed 2% of the NMCK. A complete table on the new rules and 6 examples of how to write conditions in the documentation

What makes your colleagues mistaken when they establish the provision of applications, the expert will tell

For the impatient

Because of what your colleagues are mistaken when they establish the provision of applications, the expert will explain

☟ Go

A separate article will appear on the features of electronic procedures. The next item is included in the overview of changes in the 44th Federal Law from 01.07.2018. The Law on the Contractual System will be supplemented with Article 24.1, dedicated to the peculiarities of electronic procedures. And there will also be new articles dedicated to each electronic procedure. Our expert materials will help you to deal with all the variety of new things.

The list of uniform requirements for procurement participants will be supplemented. Previously, in order to become a participant in the procurement, it was necessary to confirm compliance with the uniform requirements under Part 1 of Article 31 of Law No. 44-FZ. The last tenth item in the list of requirements was information that the procurement participant is not offshore. Now part of the article ends with clause 11. In accordance with the requirements of the new clause, participants will be required to confirm that they have no restrictions to participate in the procurement. The clause stating that the operator of the electronic platform checks the participants for offshore has become invalid.

The refinancing rate was changed to a key one. The corresponding changes were made to Article 34 of Law No. 44-FZ. Now, if the customer violates the terms of the contract, the supplier has the right to collect a penalty from the customer and the penalty will be calculated based on the key rate. Similar conditions apply to the supplier if he is overdue under the contract. Do not forget that penalties are charged for each day of delay and only for delayed obligations. For other violations, a fine is charged.
We have collected all the fines on one page so you know how much to recover from the infringing supplier and how much you will pay for your own mistake if you yourself violate the contract. Use automatic calculators

The catalog is singular. Previously, the law on the contract system referred to catalogs of goods, works and services. Now the multiple “catalogs” have been changed to a single “catalog” - meaning the TRU catalog, which customers are obliged to use to describe the object of purchase.

How to use the TRU catalog correctly: step by step instructions

The catalog of goods, works and services is a subsystem in the EIS that you use to describe the object of purchase. You use information from KTRU in planning documents, in a notice, procurement documentation, in a contract. We have compiled step by step instructions to help you use the catalog correctly. See when it is used and how to find information in it.

They will be obliged to provide applications in tenders and auctions from a small NMCK. Law No. 44-FZ itself specifies the range within which the customer may require securing bids for participation in the procurement. And the beginning of the NMCK for this range - 5 million rubles. It is also indicated that the government has the right to establish its own order and the government has established it. It obliged customers to establish a security for applications in tenders and auctions at the NMCC from 1 million rubles. However, the amount of security was not indicated.

New procedure for working with electronic signature. From 01 July unqualified electronic signature are no longer used. Can only be used by qualified personnel.

Only money will be allowed to secure applications. Bank guarantees for securing applications from potential participants in electronic procedures will not be accepted. The participant will be able to provide the application in electronic procedures only with money.

The terms of all competitive procedures will change. For example, the terms of consideration of the first and second parts of applications in an electronic auction will be shortened. Procedure electronic request quotations will also take less time than a paper procedure. There is no universal way to calculate all deadlines at once. Because each procedure has its own time frame and its own stages of procurement. We have developed a Time Map, which will make it easier for you to calculate the calendar dates of purchases, which means it will not allow you to make mistakes and receive a fine. Download and install it on your computer.

Competition is no longer a priority procurement method. Until July 1, customers under 44-FZ were obliged to conduct purchases by open tender in all cases, with some exceptions. This clause has expired on July 1.

At the end of 2017, significant changes were made to Law No. 44-FZ. The main innovation concerns the transition to supplier identification through competitive procurement in electronic form. Let's analyze the essence of the changes in 44-FZ from July 1, 2018 and the stages of transition to electronic procurement.

The main thing

If before July 1, 2018, electronic purchases are possible only in the form of an auction, then after that the following will be added to the auction:

open competition
limited competition
two-stage competition
request for quotations
request for proposals
closed electronic procedures ( closed competition, closed competition with limited participation, closed two-stage competition, closed auction)

From July 1, 2018, electronic procedures are still only the right of the customer. But already from January 1, 2019, the right to conduct electronic procedures will turn into an obligation.

The exception is only for purchases from a single supplier, purchases on the territory of a foreign state, certain quotation procedures and some purchases carried out by closed methods.

Electronic procedures (including the filing of bids for participation in the procurement) and the conclusion of the contract are carried out through the electronic platform.

Steps to transition to e-procurement

To participate in e-procurement, the participant will need to be accredited on the electronic platform and registered in the EIS. The transition to accreditation and registration will take place in stages:

In the period from 01.07.2018 to 01.01.2019, in order to take part in the procurement in electronic form, it is enough to obtain accreditation on the electronic platform, as well as to participate in the electronic auction.
From 01.01.2019, the accreditation of procurement participants on electronic platforms is carried out after the registration of such participants in the EIS. Information about procurement participants registered in the EIS is entered into the unified register of procurement participants. Procurement participants previously accredited on electronic platforms to participate in electronic procedures are required to register in the EIS from January 1 to December 31, 2019.
From 01.01.2019 to 31.12.2019 inclusive, the opportunity to participate in electronic procedures will be available only to those persons who are accredited before January 1, 2019 on the electronic platform, as well as whose information and documents are included in the register of participants electronic auction accredited on the electronic site. At the same time, registration in the EIS is not required.
After 31.12.2019, persons who have not been registered in the EIS will not be able to apply for participation in procurement.

Registration and accreditation of procurement participants is free.

Registration of the procurement participant in the EIS and accreditation of the procurement participant on the electronic site are carried out for a period of three years.

the procurement participant will not be entitled to submit applications for participation in electronic procedures three or less months before the expiration date of its registration in the EIS.

The advantages of registering in the EIS are that you do not have to undergo accreditation at each site, register at all electronic sites and spend time interacting with each site separately. To pass accreditation at all electronic sites, it will be enough to register in the EIS.

Important changes in the conduct of the competition and the request for quotations

Now we will consider the most important changes in the order of the most frequently used procedures: an electronic open tender and an electronic request for quotations.

In accordance with the rules for carrying out these procedures, they are regulated by separate articles: for an open tender, these are Articles 54.1-54.7, 55.1 of Law No. 44-FZ; for requesting quotations - Articles 82.1-82.6 of Law No. 44-FZ.

The electronic tender begins with the placement by the customer in the EIS of a notice and tender documentation at least fifteen working days before the deadline for submitting applications for participation in such a tender (for an open tender - the minimum period for submitting applications was 20 days).

Changes to the documentation are possible no later than five days before the deadline for filing applications. In this case, the deadline for submitting applications in this case must be extended so that there are at least 10 working days before the deadline for submitting applications.

The term for providing clarifications at the request of participants in an open tender in electronic form is 2 working days from the date of receipt of the request. It will be possible to submit a request for clarification no later than five days before the deadline for submitting applications for participation in an open tender in electronic form.

An application for participation in an open tender in electronic form will consist of two parts and a proposal of an electronic tender participant on the contract price. The application is submitted by simultaneous sending of the three specified electronic documents:

1 - consent to the supply of goods (work, services) and a proposal for its characteristics;

2 - information about the procurement participant, copies of documents confirming the conformity of goods (works, services) and the participant's compliance with the requirements of the tender documentation, including qualification criteria;

3 - price offer.

Bidders will be able to submit final bids for the contract price. At the same time, each participant in an open tender in electronic form can submit only one final proposal for the contract price.

In detail, the new articles of the law regulate the content of the tender documentation, the terms for clarifying its provisions, detail the procedure for considering the first and second parts of the participants' applications, the procedure for summing up the results, the consequences of declaring an open tender in electronic form invalid.

Another popular procurement procedure is the request for quotations.

There are also differences between the electronic form of the procedure and the paper one.

For an electronic request for quotations, the same conditions apply as for a paper one:

the initial (maximum) contract price does not exceed RUB 500 thousand,
annual volume such purchases do not exceed 10% of the customer's total annual purchases;
the annual volume of such purchases does not exceed 100 million rubles.

When conducting an electronic request for quotations, the customer is obliged to place a notice in the EIS at least 5 working days before the date of expiration of the application submission period (for a paper request for quotations - at least seven working days or at least four working days, depending on the initial maximum contract prices).

Only those persons who are registered in the EIS and accredited on the electronic platform will be able to apply for participation in the request for quotations in electronic form. The application is submitted electronically through the site operator.

Pay attention again! From 01.01.2019, registration in the EIS is mandatory for all suppliers.

The participant's quotation application must consist of:

proposals for the proposed product, work, service;
proposals for the price of the contract.

The orders are considered by the customer's quotation commission, which, after the registration of the protocol, sends it to the site operator. Please note that not the customer, but the site operator draws up a protocol for the consideration and evaluation of applications, in which the applications are ranked and the winner is indicated.

Changes in the conduct of an electronic auction

The changes will also affect the procedure for conducting an electronic auction:

to participate in the auction, you will need to register with the EIS and be accredited on the electronic site;
new requirements were established for the composition of the first parts of applications: in the case of delivery of goods, performance of work, provision of services on the terms stipulated by the documentation, the participant is required only to consent to participate; when carrying out the purchase of goods or work, services, for the performance, the provision of which the goods are used,
name of the country of origin of the goods (if the national regime is applied) and specific indicators of the goods;
the minimum auction step is determined - 100 rubles;
for auctions with a minimum (initial) contract price of less than 3 million rubles. the terms for consideration of the first parts of applications have been reduced from seven days to one working day from the date of the deadline for submission of applications;
Article 70 of Law No. 44-FZ, which establishes the procedure for concluding a contract based on the results of an electronic auction, is invalidated from 01.07.2018.

Conclusion of a contract under 44-FZ after July 1, 2018

Amendments to Law No. 44-FZ provide for a unified procedure for concluding a contract based on the results of an electronic procedure.

For all electronic procedures, the rules for concluding a contract will be the same. They are defined in a separate paragraph of Law No. 44-FZ - § 4.1 (Article 83.2).

The following procedure has been established for concluding a contract based on the results of electronic procurement:

The customer signs the draft contract last. The contract is considered concluded from the moment it is placed in the EIS.

Once again, we draw your attention to the fact that the contract can be concluded no earlier than 10 days from the date of posting the final protocol, and in the case of determining the supplier by conducting an electronic request for quotations or an electronic request for proposals - no earlier than 7 days.

Benefits of switching to e-procurement

There are clear advantages to switching to e-procurement.

First, and most importantly, the transparency of the procedures will increase. The customer's chances of negotiating with the supplier he needs will be reduced, the possibility of damage to envelopes with applications and their illegal preview will be excluded.

Secondly, other subjective factors in the work of the Customer and members of his commission (including technical errors) are minimized.

Thirdly, e-procurement will have a positive impact on competition by increasing the opportunities for participation in the procurement of suppliers from other regions (the geography of participation will expand). For the customer, a larger number of participants will result in budget savings and an increase in the quality of purchased goods (works, services).

Fourth, the costs of participants for preparing the application and delivering it to the customer's address will be reduced. The number of people willing to take part in the procurement will potentially increase.

It will be possible to talk about the difficulties of the transition to e-procurement, shortcomings in the application of these procedures after the entry into force of the changes and the start of the practical implementation of the innovations.

Fee for concluding a contract based on the results of the electronic procedure

From July 1, 2018, operators of electronic trading platforms has the right to charge a fee from persons with whom a contract is concluded based on the results of the electronic procedure.

The maximum amount is set at 1% of the NMCC, but not more than 5,000 rubles. (in the case of a contract with the SMP or SONKO, no more than 2000 rubles).

An exception is made by the participants with whom the contract is concluded after the winner of the electronic procedure has evaded. Such persons are not charged.

The limiting amounts and rules for collecting such a fee are established by the decree of the government of the Russian Federation of 05/10/2018 No. 564.

Take the course "". Professional retraining, 256 academic hours for managers and specialists of contract services, contract managers, chairmen and members of customer commissions. The program was developed based on the requirements of the professional standard "Procurement Specialist".

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