Law 44-FZ adopted in 2013, and began working in January 2014.
Now, in order to work for them, you do not need to register and obtain accreditation at each site separately. Access is provided by single registration in the UIS - a single information system.
This is a portal that contains a register of all purchases, a black list of suppliers, into which inexperienced beginners often end up due to a banal ignorance of all the intricacies and rules of how everything works here.
Let's explain on specific example: the law does not require mandatory documentary confirmation of all information declared by the supplier, but if during the verification process even the slightest discrepancies with the actual information appear (and the data may change during the supplier’s activities), it may end up in the Register of Unscrupulous Suppliers (RNP). This means that data is entered not only about the organization itself, but also about the director and founders.
This is, in fact, a loss for the company from receiving government orders. After this, it is impossible to take part in tenders for 2 years, and the organization may end up there due to a simple mistake or ignorance of all the rules.
The portal also contains a lot of useful information. Soon they plan to post a full database of tender participants on the website under 44-FZ and a list of services and products that are suitable for cooperation under this law.
Control in procurement
Each order is checked by the Ministry of Finance of the Russian Federation. This is necessary to assess how transparently and objectively the supplier is determined, a competition or auction is held.
But not only the Ministry of Finance exercises control; competition is monitored by the FAS, where suppliers file complaints about violation of their rights by customers, unlawful rejection of applications and other violations of 44-FZ.
Who can participate in the tender?
You are a supplier, manufacturer of products or services and want to participate in procurement. What should you do next?
First of all, you need to decide whether you qualifyrequirements for procurement participants44-FZ.
Bidding Law establishes that participants can be representatives of small, medium and big business, including individual entrepreneurs, non-profit organizations.
The supplier is the person:
- no debts to the budget on taxes and fees;
- not belonging to offshore companies;
- without a criminal record (if we are talking about legal entity- the manager and chief accountant must not have a criminal record);
- not involved in administrative responsibility within the last two years;
- not affiliated (in any way related) with the customer;
- not included in the Register of Unscrupulous Suppliers;
- not in the process of liquidation, suspension of its activities or bankruptcy;
- having no restrictions on participation in tenders regulated by legislative acts of the Russian Federation.
When submitting an application, the supplier declares compliance with the requirements. If it later turns out that he was misleading, the customer refuses to sign the contract and it ends up in the RNP. After that, all doors close in front of him.
Many suppliers do not pay serious attention to this aspect; at first, due to inexperience, they underestimate it, and then it becomes too late and nothing can be done.
About 1,000 suppliers are included in the RNP every month. Today it has more than 16 thousand entries that have been there for 2 years.
If you do not know the legislation on public procurement perfectly, have just entered this field and want to be safe from the risk of ending up in the RNP - it is better to use the services of professionals than to leave the field of public procurement and lose profitable contracts! Please contact us to ask any questions you may have.
Well, if you meet all the customer’s requirements, it’s time to figure out what procurements are like and how they can take place.
How are procurements carried out?
Updated law on government procurementprovides onlye-procurement By all types of tenders. The exception is some closed auctions.
Detailed bidding scheme:
- The customer draws up a schedule;
- Determines the type of tender;
- Determines the initial maximum contract price (hereinafter referred to as NMCP);
- Posts information about upcoming auctions;
- Places the tender itself;
- The parties sign an agreement;
- The customer determines the supplier;
- Customer accepts the completed order, a report is drawn up based on the results.
All stages are very important, the supplier is faced with many subtleties and features at each of them, so let’s look at them in more detail.
Planning
Previously, the customer used plans to plan purchases, and on their basis prepared schedules. New edition The law abolishes them; now planning is carried out by the customer only according to procurement plans and schedules.
Between these documents there is key difference: the schedule can be changed, supplemented and expanded if necessary. This is a kind of guarantee for the performer of the seriousness of the customer’s intentions.
What is this for the document and why does the supplier need to know about it? The schedule is a list of purchases planned by the customer, reflectedin diagrams and tables.
From the schedule, the supplier can find out:
- what exactly is planned to be purchased;
- requirements for performers;
- procurement method;
- NMCC;
- conditions for participation;
- deadlines;
- contract security;
- criteria for evaluating the result.
The next step is to determine the starting price and place a notice.
Definition of NMCC
The maximum price at which bidding will begin using the reverse auction principle is determined by the customer. The principles on the basis of which the price is set are also dictated by 44-FZ (Article 22).
The customer determines the price:
- by analyzing market prices;
- using the regulatory method (according to cost standards), which is established by Article 19 of 44-FZ;
- according to the tariff method, used for services in the field of housing and communal services, telecommunications, and the Internet;
- according to a project or estimate, used for construction services, reconstruction, overhaul, etc.;
- using a costly method if no other can be used.
You can use one or several methods in combination. Once the NMCC is determined, suppliers will reduce it. But this does not mean that the offer with the minimum price will win.
Federal Law 44-FZprovides for anti-dumping measures. If the price is reduced by more than 25% of the NMCC, the supplier must provide guarantees or confirmation of the quality of its products or work with information on the previous 3 transactions from the procurement register, and show the absence of fines and penalties for them.
And if there were no contracts in the last 12 months, you will need to prepare data on 4 previous transactions for the previous 2 years.
Publication of tender notice
At this stage, the customer places a notice in the Unified Information System. It contains the rules for identifying a supplier and key information about the tender:
- contact details of the customer and his official, representing the organization in the auction;
- the main terms of the contract, what needs to be delivered and where, what service to provide or work to perform, terms, stages, place of delivery
The customer indicates the source of financing and the price, there are several options: this can be the NMCC, or the approximate value of the price, or the formula by which it is calculated.
The notice includes:
- method of selecting a performer, contractor;
- time, place and method of accepting applications;
- tender identification code, and if the purchase is carried out in accordance with Part 5, 6 of Art. 15 44-FZ, then a copy of the agreement must be attached to the notice;
- restrictions for some suppliers, if any;
- the amount of the application security for depositing into a special account or a bank guarantee;
- privileges for suppliers if the tender is carried out under Articles 28, 29 of 44-FZ;
- conditions for foreign suppliers and restrictions, if any;
- information on defense orders.
What kind of tenders are there?
The customer has the right to place orders to a single supplier or choose a competitive method for determining the supplier under Art. 24 44-FZ.
Open competition
When not only the purchase price is important, but also the quality:
- Provides for open posting of procurement information in the Unified Information System;
- The requirements are the same for all participants;
- The customer studies the applications of candidates and compares them in terms of price, quality of work, qualifications of employees, experience in performing similar orders;
- The winner is the supplier who offered the most favorable conditions.
Open competition with limited participation
This type of procurement is required for services approved by Government Decree No. 99 of February 4, 2015. Limitations are related to the required narrow qualifications of the supplier.
Such purchases concern absolutely different areas, from restoration activities and transportation to high technology and nuclear energy projects.
In this case, the contractor is subject to additional requirements:
- a sufficient amount of resources (financial and technical) to fulfill the order;
- experience in implementing similar projects;
- sufficient level of qualification of workers;
- ownership of the necessary equipment.
Open two-stage competition
- In the first stage, contractors submit a bid without cost;
- The customer evaluates experience, qualifications, quality of services and weeds out unsuitable proposals;
- Among the remaining ones, a second stage is carried out, at which performers are considered based on price.
Most often, such competitions are organized among construction, design organizations, as well as companies working in the field of science, innovation and high technology.
Closed competition
The customer himself invites participants to a closed competition, so it is available only to a select circle of suppliers.
This is due to the need to limit access to information containing commercial and state secrets, goods of special value (rare stones and metals, manuscripts, archival documents) or special services for representatives of the judicial and law enforcement system and government officials.
If the contractor meets the stated requirements, he requests to receive tender documentation and only after that gets acquainted with the features of the project and decides whether to submit an application or not.
The parties to a closed tender must be inspected by the FAS.
Electronic auction
According to statistics, more than 60% of tenders are held in the electronic auction format.
Important stage- filling out documentation about the electronic auction, since in fact, it with attachments contains all the information about it and consists of general information and procurement documents with attachments: estimate, examination, defective statement, information card with notice, etc.
Carrying out electronic auction established by Art. 68 44-FZ.
Main stages:
- The supplier's application is divided into two parts. anonymous, and the second is personalized;
- The customer studies the first parts without knowing which companies sent them;
- Then, it either admits suppliers to the auction or rejects bids;
- Eligible candidates place bets on the downside, the bidder with the lowest price wins;
- After this, the customer checks the second part of the application, it contains licenses, documents of the organization;
- If the customer rejects the winner at the stage of consideration of the second part, the participant who took second place wins;
- The government customer signs a contract with him.
Request for quotation
This procedure is simple and efficient. The supplier only needs to send a request with a price once.
The customer compares all applications and makes a decision on price. The initial cost is no more than 500 thousand rubles.
Request for proposals
Often, if the auction did not take place or a repeat competition is held, the customer resorts to request for proposals because he could not choose the right one among those received at the auction or competition.
He himself turns to the performers with a request to send the cost and other information.
Securing the application
To participate in the tender, the contractor must contribute funds to secure the application. This is a kind of guarantee that the contractor will fulfill its obligations and evidence that the contractor has the means to fulfill the order.
If the contractor refuses to conclude the contract, the amount is transferred to the customer as compensation, and the supplier is included in the RNP, in accordance with Art. 104 part 2.
There are two ways to secure your application: cash (transfer of the amount to a special account) or a bank guarantee.
Procurement participants can choose a specific method at their discretion. But you must open a special account; you cannot submit an application without it. Learn more about what a special account is and why it is needed.
Transferring the amount to a special account
When making a purchase, the customer indicates the amount of security for the application and the conditions under which it is accepted.
Important!We recommend transferring funds in advance and attaching confirmation of the transfer to your participation documents. Otherwise, if the funds are not received before the customer considers the applications, the security will be considered not paid.
The amount of security is from 0.5 to 5% of the NMCC (Article 44 44-FZ):
- 0.5% -1% of NMCC for NMCC up to 20 million rubles;
- 0.5% -5% of the NMCC, if the NMCC is more than 20 million rubles.
Bank guarantee
What's happened bank guarantee? This is a method of securing obligations in which the bank undertakes to pay the security amount if any problems arise with the contractor’s fulfillment of its obligations.
But the guarantee must be irrevocable so that the amount from the BG is unconditionally transferred to the customer after the contract is broken.
Which can issue a guarantee can be found on the Ministry of Finance website, it is constantly changing. The amount of the penalty has also been established; according to 44-FZ it is 0.1% of the NMCC amount.
Conclusion of a contract
According to Article 34 of 44-FZ, the contract contains:
- the subject of the contract isdescription of the procurement object according to 44-FZ
- price;
- form of agreement;
- method of payment and receipt of results;
- rights and obligations of participants;
- their responsibility.
C The price of the procurement object remains unchanged throughout the entire duration of the contract.
Its conditions can be changed, according to Art. 95 44-FZ, but in the following cases:
- NMCC is reduced by the only supplier with the same volume of products or services;
- Increased or decreased purchase volume - up to 10%;
- Financing conditions have changed;
- The Contractor offers services or products of higher quality.
Terms of concluding contracts
Violation of deadlines and other important conditions 44-FZ entails prosecution and entry of information about the enterprise or individual entrepreneur into the register of unscrupulous contractors: suppliers (RNP).
The law regulates the following deadlines:
- placement of the draft contract by the customer within 5 days;
- Based on the results of electronic procurement, you need to sign an agreement within 5 days;
- The signed contract is published by the customer within 3 days;
- when requesting quotes and proposals, the final deadlines are floating - from 7 days;
- at open auctions and competitions - from 10 days.
Dates indicated do not include weekends. Important things to consider:
- if the supplier did not provide all the documentation to the customer, this may be considered as evasion of the agreement. In such a situation, the customer has the right to recover tender costs through the court;
- if the winner changes his mind about signing the contract or violates the terms, then the customer turns to the contractor who took second place. Such a refusal does not entail any sanctions. The competition is declared invalid.
After the conclusion of the contract, the actual process of implementing the order begins. When the work is completed, all that remains is to wait for acceptance. The contractor notifies the customer about the completion of the work, and he draws up a report.
Based on the results, he transfers to the contractor a certificate of completion of work, an invoice or a justified refusal. The contractor can challenge it.
Resolution of controversial issues
Based on the results of a won tender, the contractor may discover information that does not correspond to what was originally stated: a different price, volume, terms, etc. He needs to send the customer a protocol of disagreements within 5 days from the date of announcement of the procurement results.
Remember that many suppliers use the dispute protocol to deliberately prolong the time before signing a contract. They need this in order to receive a bank guarantee or for other purposes.
For an experienced customer, such manipulations are obvious. If this happens this time, then he is unlikely to contact you during the next purchases. Take care of everything in advance, and if you still don’t have enough time, contact us! The customer reviews the protocol within 3 days.
Termination of the agreement
If disagreements arose after the conclusion of the contract and they could not be resolved, the contract may be terminated (Article 95 44-FZ):
- By mutual consent parties;
- in accordance with the court decision;
- unilateral refusal (if there are grounds).
What areas are outside the law of 44-FZ
The following cannot take part in tenders under 44-FZ:
- international financial organizations;
- companies or persons providing services in the field of legal protection of judges, officials, and other officials.
The following cannot be purchased under this law:
- precious metals and stones to replenish the State Fund;
- unpaid legal defense assistance;
- election commission services.
Conclusions
Law 44-FZ is a large-scale legal act (more than 250 pages), which is very difficult to review within the framework of one article. We tried our best briefly highlight highlightsthis law, telljust about the complex- for dummies.
If you still have questions, you can take training from us on 44-FZ or order bidding support. In this case, you don’t have to worry about anything - we will carry out the procedure in full compliance with 44-FZ and guarantee the admission of your application to the auction.
An important change was the permission not to decrypt information on purchases of several groups of goods and services (so-called one-liners). According to these technical specifications, in schedules and procurement plans, customers can simply indicate them in one line, without providing explanations.
That is, to the “one-liners” that were in the old-style plan, in 2018 data on non-competitive procurement was added in accordance with paragraphs 23, 42 and 44 of Part 1 of Art. 93 of Law No. 44-FZ.
The main changes from January 1 affected the schedule and procurement plan. The forms have become more detailed. According to the new rules of 2018, the procurement plan must indicate the volume cash for each BCC and subsidy agreement in the current, next and planned years.
In the schedule, the customer needs to indicate the price for purchases, including those with a single supplier, and information about goods, works or services with units of measurement.
The changes in 2018 are as follows:
1 From 01/01/2018, if the customer enters into a long-term contract with a 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, the 2018-2020 procurement plan must include information about financing for the entire period of their validity, if it extends beyond these three years.
At the same time, the procurement plan and procurement schedule for 2018-2020 do not need to include items already included in the procurement plan and schedule for 2017;
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 procurement format has changed (the concept of “format” includes both the type of procedure and the timing or volume).
Healthy
Free webinar about the changes that come into force in 2018, new rules on subsidies, we will analyze the latest document - the conditions for the admission of medical devices according to Government Decree No. 1469 of 12/04/2017.
Watch video and presentation »Changes under 44-FZ concern a new sample of plans in 2018. The Ministry of Economic Development previously recommended that customers bring existing plans into compliance. 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 letter dated March 7, 2017 No. D28i-1089
According to new requirements, starting from 2017, customers must now specify the amount of financing in rubles (rather than in thousands of rubles) and detail data on special purchases. At the same time, information about the volume of financial support under the subsidy agreement does not need to be reflected in the plan. Please note that the amount of financial support is not the same as the NMCC, and not necessarily the same as the amount of funds brought to the customer for the purchase.
Also, according to the changes, federal customers, according to 44-FZ, from 2018 must include information about procurements that constitute state secrets in the appendix to the procurement plan for fiscal year and for the planning period. This application is classified as classified in accordance with paragraph 3, 3 (1) of Decree No. 1043.
| No. | What will change | To whom it concerns |
|---|---|---|
| 1 | Rules for submitting bid security | Electronic platforms |
| 2 | The protocol of disagreement can be submitted only once | Suppliers |
| 3 | There is a participation fee | Electronic platforms |
| 4 | The number of uniform requirements has increased | Suppliers |
| 5 | After the third error, the application's security will be transferred to the budget | Suppliers |
| 6 | The principles for forming the final protocol have changed | Electronic platforms |
| 7 | The volume of purchases from SMP takes into account the food supplier | Customers |
| 8 | The competition is extended if none of the participants meets the requirements | Customers |
| 9 | The deadline for submitting 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 processing time for applications in auctions to 3 million rubles | Customers |
| 13 | There is no need 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 and fees when required by law | Customers |
| 15 | Purchasing from sole supplier after a failed procedure, you no longer need to coordinate with the FAS | Customers |
| 16 | Security will be required only for purchases with NMCC more than 5 million rubles | Suppliers |
| 17 | The register of procurement participants will be kept in the Unified Information System | Suppliers |
| 18 | Documents are signed only by reinforced CEP | Suppliers |
| 19 | A guarantee can be made to secure an application in an auction. | Suppliers |
| 20 | We have increased the deadline for information in the register of contracts | Customers |
There are a lot of changes, they have been amended and supplemented more than once, so it is difficult to navigate the adopted law. The huge number of references in this 200-page text of the amendments makes it difficult to quickly and clearly understand what has been changed. We did all the difficult work for you and sorted out the most important things that affected customers and suppliers. Read and stay informed!
Customers purchasing medicines, according to Resolution No. 1380, from January 1, are required to indicate the dosage form, dosage and remaining shelf life in the technical specifications. 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 medicines, by decision of the medical commission, it is allowed to indicate the trade name.
Now we need to more carefully prepare technical specifications and determine the starting price for the purchase of medicines. We adopted rules according to which customers must describe the drugs they purchase. And in order to calculate the NMCC of such a purchase, several options were proposed.
Understand the changesThe new rules contain prohibitions. It was forbidden to write in the documentation:
On January 1, verification of information from the register of contracts was resumed, including from the register of contracts containing information constituting state secrets. Information about the timing of contracts, the number and unit of measurement of contracts, the consistency of information and documents is checked.
The customer must provide information about co-executors and subcontractors who are small businesses or socially oriented non-profit organizations, including their tax identification number, location, date of conclusion of the contract, subject of the contract and its price. These changes are specified in Government No. 443 dated April 13, 2017.
Changes were planned for 44-FZ from January 1, 2018 in Part 1 of Article 45 of the Procurement Law. These amendments concern changes to the requirements for banks issuing guarantees. The entry into force of the changes was postponed to June 1, 2018 (No. 475-FZ dated December 29, 2017).
According to the new rules, customers will be required to accept guarantees only from representatives of a 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.
When describing the procurement object, customers are required to use information from the Catalog of Goods, Works and Services located in the Unified Information System (if available). The KTRU contains information on technical regulations, standard contracts or conditions, the start date of the mandatory use of information from the catalog, characteristics, prices and delivery conditions of the procurement object, etc.
To view background information, information about technical regulations and standards that apply to a product, work, or service, go to the KTRU position card. Then go to the Help tab.
On January 1, the Register of Sole Suppliers of Goods began operating on the EIS, which identifies suppliers producing or modernizing 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 in accordance with clause 47 of part 1 of article 93 of Law No. 44-FZ.
In December 2017, final amendments to 44 Federal law, bringing changes for suppliers and customers.
We will talk about the most significant innovations coming into effect in 2018 - 2019.
From July 1, 2018 customers optional will be able to conduct open procurement electronically. The following types of procedures can be used to determine the supplier:
open competition in electronic form;
competition with limited participation in electronic form;
two-stage competition in electronic form;
request for proposals in electronic form;
request for quotes in electronic form;
electronic auction.
From January 1, 2019 customers will be obliged use only e-procurement to identify the supplier.
By decision of the Government of the Russian Federation, closed procedures can also be carried out in electronic form.
The innovation significantly simplifies the participation of suppliers from other regions, and also eliminates the need to pay for courier and postal services. It is worth noting that the possibility of damage to envelopes with applications and preliminary illegal viewing of applications by customers is excluded (in case of unlawful actions on the part of the tender organizer).
However, this requirement introduces another necessity: all participants must obtain an electronic digital signature and accreditation on electronic platforms.
The list of sites at which electronic procurement will be carried out within the framework of 44-FZ is established by Government Order dated July 12, 2018 No. 1447-r.
From July 1, 2018 to participate in e-procurement Only a qualified electronic signature is used.
This innovation will most likely affect the process of obtaining electronic signature and at the work of certification centers. It is also possible that this innovation will affect prices for digital signatures.
The next innovation of 44-FZ will oblige participants to register in the Unified Information System during 2019 to participate in electronic procedures.
Those suppliers who are accredited to the ETP must register in the EIS before December 31, 2019. It is only necessary to update the information and documents provided for in Article 62 of Law No. 44-FZ on the ETP by January 1, 2019.
If the participant has nothing: no accreditation, no special account, then first you need to register in the Unified Information System, and then the information will be transferred to the sites for accreditation. (The participant will not have to undergo accreditation independently; all data will be pulled from the Unified Information System).
From July 1, 2019 year, the participant will have the right to determine how to provide security for an application for participation in an open competition, a competition with limited participation, a two-stage competition or an auction in electronic forms. In addition to cash, a bank guarantee can be used.
This innovation is directly related to the transition to electronic trading. The choice of supply method will have a positive effect on competition in procurement, because will allow a larger number of participants to participate in the procedure for identifying a supplier.
The new rules will also be applied to the calculation of application security for participation in electronic procedures for determining a supplier.
This list includes the following banks:
1. Public joint-stock company "Sberbank of Russia"
2. VTB Bank (public joint stock company)
3. "Gazprombank" ( Joint stock company)
4. Joint Stock Company "Russian Agricultural Bank"
5. JOINT STOCK COMPANY "ALFA-BANK"
6. "CREDIT BANK OF MOSCOW" (public joint-stock company)
7. Public joint stock company Bank "Financial Corporation Otkritie"
8. Joint Stock Company "Raiffeisenbank"
9. Public joint stock company ROSBANK
10. Joint Stock Company "All-Russian Regional Development Bank"
11. Public joint-stock company "Promsvyazbank"
12. Joint Stock Company "Joint Stock Bank "RUSSIA"
13. PUBLIC JOINT STOCK COMPANY "BANK "SAINTPETERSBURG"
14. Public joint stock company "Sovcombank"
15. RUSSIAN NATIONAL COMMERCIAL BANK (public joint-stock company)
16. Joint Stock commercial bank"RosEvroBank" (joint stock company)
17. Joint Stock Company "OTP Bank"
18. Joint Stock Company "UniCredit Bank"
OOO ICC"RusTender"
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
Several important changes for auction participants and bidders will come into effect next year. The editors of the site have prepared an overview of the main amendments to the legislation in the field of procurement under 44-FZ and 223-FZ, so that readers are aware of the innovations.
In 2020, the provisions of Government Resolution No. 1383 of November 15, 2017 will come into force, providing, among other things, for expanding the list of companies that are required under 223-FZ to purchase goods, works and services from small and medium-sized businesses (SMEs). In particular, state-owned companies with annual revenues exceeding 0.5 billion rubles and autonomous institutions whose annual procurement volume exceeds 250 million rubles will be required to comply with procurement quotas.
Another important amendment for business is spelled out in Decree of the Government of the Russian Federation dated August 19, 2016 N 819. According to it, the annual volume of purchases of goods, works, and services from SMEs. Moreover, we are talking about the total annual value of contracts concluded with small companies, and the annual volume of purchases that are planned to be carried out based on the results of tenders for small and medium-sized businesses.
Taking into account these changes, customers will have to fill out an updated form for the annual report on the purchase of goods, works and services from SMEs. It will additionally contain lines to indicate:
From March 1, 2020, in relation to state-owned companies and their subsidiaries that annually purchase in excess of 1 billion rubles, they will begin to assess the compliance of draft plans for the procurement of goods, works, services, draft plans for the purchase of innovative products, high-tech products, medicines, draft changes included in such plans. The same documents will be checked from municipal companies and their subsidiaries if their purchase volumes exceed 50 million rubles, as well as from credit companies whose annual revenue from the sale of services exceeds 500 million rubles.
And from June 1, 2020, SME Corporation JSC will begin to monitor the compliance of plans of subsidiaries of state corporations and state-owned companies purchasing in the amount of 250 million to 1 billion rubles. In the meantime, the executive authorities of the constituent entities of the Russian Federation and (or) the organizations created by them will check the compliance of procurement plans from state unitary enterprises, municipal unitary enterprises, and other municipal organizations whose assets exceed 10 billion rubles and which enter into procurement agreements during the year for an amount exceeding 50 million rubles.
From January 1, the requirements for banking institutions whose guarantees are allowed to be used to secure applications for participation in procurement under Law No. 44-FZ and to secure government contracts will be clarified. According to Art. 12 of Federal Law No. 267-FZ of July 29, 2017, the government approves the requirements for the size of the bank’s own funds (capital) and the level of its credit rating.
To make it easier to navigate, the list of banks that meet all the requirements will become public. It can be found on the Ministry of Finance website.
From January 1, the requirement to supplement the catalog of goods, works, and services to meet state and municipal needs in the unified information system (UIS) in the field of procurement with reference information comes into force. The system will include:
In addition, starting from the new year, information and documents (procurement plans, procurement schedules, notices, protocols, draft contracts) with errors identified during inspections will not be able to enter the Unified Information System. In 2020, this rule will apply only to information about procurement carried out for federal needs. In another year, the requirement will apply to municipal customers (Resolution of the Government of the Russian Federation of March 20, 2017 N 315).
Based on Government Decree No. 443 of April 13, 2017, the customer will enter information about all co-executors, subcontractors from among small businesses and socially oriented non-profit organizations who have entered into agreements with the main supplier (performer) under a government contract. In particular, the register of contracts will contain data on the location of the co-executor (subcontractor), his tax identification number, date of conclusion and contract number (if any), subject and price of the contract with the co-executor (subcontractor).
Let's briefly talk about the new rules for some areas.
In December 2017, amendments to Federal Law 44 were adopted, bringing changes for suppliers and customers.
Now customers will be able to conduct open procurement electronically if they wish. To correctly determine the supplier, the following methods are used:
request for proposals in electronic form;
request for quotes in electronic form;
open competition in electronic form;
competition with limited participation in electronic form;
two-stage competition in electronic form.
From January 1, 2019, all customers plan to use exclusively an electronic form to determine a supplier. By decision of the Government of the Russian Federation, closed procedures can also be carried out electronically.
Changes to 44 Federal Laws significantly simplify the participation in tenders of suppliers from other regions and eliminate the need to pay for courier and postal services. However, this requirement introduces the need for all participants to obtain an electronic signature and accreditation on electronic platforms.
From July 1, 2018, only a qualified electronic signature can be used to participate in electronic procurement.
The next innovation of 44-FZ will oblige participants previously accredited to the ETP to register in the Unified Information System during 2019 to participate in electronic procedures. All tender documentation and other necessary information will be available on electronic trading platforms.
From July 1, 2019, the participant will be able to independently determine the method of submitting an application security for participation in an open competition, a competition with limited participation, a two-stage competition or an auction in electronic forms. In addition to cash, it will be possible to use a bank guarantee.
This innovation is associated with the transition to electronic trading. The choice of supply method will have a positive effect on competition in procurement and will enable more participants to participate in the procedure for identifying a supplier.
According to the new norms of 44-FZ, the customer must establish a requirement to provide security for the application only if the NMCC exceeds 5 million rubles.
If NMCC is from 5 million rubles. up to 20 million rubles, then the security is set from 0.5% to 1% of the initial contract price. If the NMCC is more than 20 million rubles, then the security will range from 0.5% to 5% of the initial contract price.
Possibility not to set application security for purchases with a starting price of less than 5 million rubles. allows the customer to attract more suppliers to participate in the procurement, thereby receiving the most advantageous offer for concluding a contract.
Until June 30, 2018, the old procedure for submitting security to participate in the procurement is in effect, i.e. transfer of funds to the participant’s account on the electronic trading platform.
From July 1, 2018, participants will be required to deposit application security into special accounts opened by them in banks, the list of which is established by the Government of the Russian Federation.
At the first stages of applying this system, problems may arise, both from procurement participants and from banks. Participants may experience problems if multiple accounts are opened in different banks, to participate in auctions on different sites. Banks that do not have experience distributing funds from participants as collateral for applications will also initially make technical errors.
This will relieve the workload of operators electronic platforms, but most likely will increase the period of receipt and crediting of funds as security for the application. Over the course of several years, the mechanism for crediting funds as security for an application was debugged and worked practically without failures.
The Government of the Russian Federation will determine a standard application form for participation in electronic procedures for identifying a supplier. Also, the Government can develop and establish requirements for the content, composition and procedure for developing standard procurement documentation. The forms will be required for use by both the customer and the supplier.
Regarding application forms, this innovation will not bring any significant changes. In competitions and quotations on paper, standard forms were previously used, which were mandatory for use. Unification of documentation is a definite plus, which will allow information to be presented to participants in an understandable and uniform manner.
With the entry into force of new regulations 44-FZ, the Government of the Russian Federation establishes the right for operators of electronic platforms to charge fees for participation in procurement.
It can be established both for participation in the procurement, i.e. for all suppliers submitting bids and for the winner of the electronic procedure. Payment may be charged to the customer for placing a purchase on the ETP. The Government of the Russian Federation will also determine the procedure for its collection and indicate the maximum amount of the fee that the ETP operator can set.
Surely, for many participants this will be an unpleasant innovation. Previously, participation in government tenders was free, requiring minimal non-refundable investments.
