Article 3. Principles and main provisions of the procurement of goods, works, services

1. When purchasing goods, works, services, customers are guided by the following principles:

1) information openness of the procurement;

2) equality, fairness, absence of discrimination and unreasonable restrictions on competition in relation to procurement participants;

3) targeted and cost-effective spending of funds for the purchase of goods, works, services (taking into account, if necessary, the cost of the life cycle of purchased products) and the implementation of measures aimed at reducing customer costs;

4) the absence of restrictions on admission to participation in the procurement by establishing non-measurable requirements for procurement participants.

2. The Procurement Regulations provide for competitive and non-competitive purchases, establish the procedure for such purchases, taking into account the provisions of this Federal Law. At the same time, competitive procurement, the participants of which, taking into account the specifics established by the Government of the Russian Federation in accordance with clause 2 of part 8 of this article, can only be small and medium-sized businesses, are carried out in electronic form. Competitive purchases in other cases are carried out in electronic form, unless otherwise provided by the procurement regulations.

3. Competitive procurement is a procurement carried out in compliance with the following conditions:

1) information on competitive procurement is communicated by the customer in one of the following ways:

a) by posting in the unified information system a notice on the implementation of competitive procurement, available to an unlimited number of persons, with the application of documentation on competitive procurement;

b) by sending invitations to take part in a closed competitive procurement in the cases provided for in Article 3.5 of this Federal Law, with the attachment of competitive procurement documentation to at least two persons who are able to supply goods, perform work, and provide services that are the subject of such procurement ;

2) competition is ensured between the participants in the competitive procurement for the right to conclude an agreement with the customer on the terms proposed in the applications for participation in such procurement, the final offers of the participants in such procurement;

3) the description of the subject of competitive procurement is carried out in compliance with the requirements of paragraph 6.1 of this Article.

3.1. Competitive procurement is carried out in the following ways:

1) by bidding (competition (open tender, electronic tender, closed tender), auction (open auction, electronic auction, closed auction), request for quotations (request for quotations in electronic form, closed request for quotations), request for proposals (request for proposals in electronic form, closed request for proposals);

2) by other means established by the procurement regulations and meeting the requirements of paragraph 3 of this Article.

3.2. A non-competitive procurement is a procurement, the conditions for the implementation of which do not correspond to the conditions provided for by part 3 of this article. Methods of non-competitive procurement, including procurement from a single supplier (executor, contractor), are established by the procurement regulation.

4. The Government of the Russian Federation has the right to establish a list of goods, works, services, the procurement of which is carried out in electronic form.

5. A procurement participant is any legal entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual or several individuals acting on the side of one participant procurement, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant.

5.1. Contracts for the supply of goods, performance of work, provision of services are concluded by the customer based on the results of procurement carried out in accordance with the procurement plan (if information on such procurements is mandatory to be included in the procurement plan in accordance with the procedure for forming of this plan) placed in a single information system (if information about such purchases is subject to placement in a single information system in accordance with this Federal Law), except in cases where the need for procurement arises due to an accident, other natural or man-made emergencies, force majeure, if urgent medical intervention is necessary, as well as to prevent the threat of the occurrence of these situations.

6. The customer determines the requirements for procurement participants in the competitive procurement documentation in accordance with the procurement regulations. It is not allowed to make requirements to the procurement participants, to the purchased goods, works, services, as well as to the conditions for the execution of the contract, and to evaluate and compare applications for participation in the procurement according to the criteria and in the manner that are not specified in the procurement documentation. The requirements for procurement participants, for goods, works, services to be purchased, as well as for the conditions for the execution of the contract, the criteria and procedure for evaluating and comparing applications for participation in the procurement, established by the customer, apply equally to all procurement participants, to the goods they offer , works, services, to the terms of the performance of the contract.

6.1. When describing the subject of procurement in the competitive procurement documentation, the customer must be guided by the following rules:

1) the description of the subject of procurement indicates the functional characteristics (consumer properties), technical and quality characteristics, as well as operational characteristics (if necessary) of the subject of procurement;

2) the description of the subject matter of the procurement shall not include requirements or instructions regarding 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 the requirements entail an unreasonable limitation on the number of participants in the procurement, unless there is no other way that provides a more accurate and clear description of the specified characteristics of the subject of procurement;

3) in case of using in the description of the subject of procurement an indication of a trademark, it is necessary to use the words "(or equivalent)", except for the following cases:

a) the incompatibility of goods bearing other trademarks and the need to ensure the interaction of such goods with goods used by the customer;

b) procurement of spare parts and consumables for machines and equipment used by the customer, in accordance with the technical documentation for these machines and equipment;

c) procurement of goods necessary for the execution of a state or municipal contract;

d) purchases indicating specific trademarks, service marks, patents, utility models, industrial designs, place of origin of goods, manufacturer of goods, if this is provided for by the terms of international treaties of the Russian Federation or the terms of contracts of legal entities specified in Part 2 of Article 1 of this Federal Law , for the purpose of fulfillment by these legal entities of obligations under agreements concluded with legal entities, including foreign legal entities.

7. When purchasing, the customer has the right to establish a requirement that there is no information about the participants in the procurement in the register of unscrupulous suppliers provided for in Article 5 of this Federal Law, and (or) in the register of unscrupulous suppliers provided for by Federal Law No. 44-FZ of April 5, 2013 "On Contract system in the field of procurement of goods, works, services to meet state and municipal needs.

8. The Government of the Russian Federation has the right to establish:

1) priority of goods of Russian origin, works, services performed, rendered by Russian persons, in relation to goods originating from a foreign state, works, services performed, rendered by foreign persons;

2) features of the participation of small and medium-sized businesses in the procurement carried out by individual customers, the annual volume of purchases that these customers are required to make from such entities, the procedure for calculating the specified volume, as well as the form of the annual report on the purchase from small and medium-sized businesses and requirements for the content of this report. Such features may include the obligation of individual customers to make purchases, the participants of which can only be small and medium-sized businesses;

3) features of procurement by individual customers of audit services (with the exception of a mandatory audit of the accounting (financial) statements of the customer), as well as consulting services.

4) features of the procurement of goods, works, services included in the lists and (or) groups of goods, works, services provided for in clause 2 of part 16 of Article 4 of this Federal Law, including:

a) features of their implementation in electronic form;

b) features of document circulation in the form of electronic documents, requirements for formats and types of electronic signature means used in such document circulation;

c) the procedure for providing and returning the security of the application for participation in the procurement, as well as the procedure and cases of blocking the funds contributed by the participants in the procurement in order to secure applications for participation in the procurement;

d) a list of operators of electronic sites for procurement and ensuring document flow in the form of electronic documents, as well as uniform requirements for electronic sites, their functioning and operators of such electronic sites.

8.1. In the event that the customer fails to fulfill the obligation to make purchases from small and medium-sized businesses during the calendar year in the amount established by the Government of the Russian Federation in accordance with paragraph 2 of part 8 of this article, or if false information is posted on the annual volume of purchases from such entities included in the report, stipulated by Part 21 of Article 4 of this Federal Law, or non-placement of the specified report in the unified information system, the provision on the purchase of this customer from February 1 of the year following the previous calendar year and until the end of this year is recognized as not placed in accordance with the requirements of this Federal Law. In this case, during the specified period, customers are guided by the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" in terms of:

1) justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (executor, contractor);

2) choosing a method for determining the supplier (executor, contractor);

3) procurement from small businesses, socially oriented non-profit organizations in accordance with parts 1 - 3, 5 - 8 of Article 30 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for provision of state and municipal needs". At the same time, for the purposes of this part, the total annual volume of purchases of the customer means the total volume of prices of contracts concluded by the customer from February 1 to the end of the calendar year;

4) application of requirements to procurement participants;

5) evaluation of applications, final proposals of procurement participants;

6) creation and functioning of the procurement commission;

7) determination of the supplier (executor, contractor) in accordance with paragraphs 2 - 5 of Chapter 3 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs". At the same time, customers:

a) send to the federal executive body authorized to exercise control in the field of procurement and maintain a register of unscrupulous suppliers (executors, contractors) information about procurement participants who evaded the conclusion of contracts, as well as about suppliers (executors, contractors) with whom the contracts were terminated by a court decision in connection with a material breach by them of the terms of the contracts in accordance with this Federal Law;

b) do not coordinate the application of a closed tender, a closed tender with limited participation, a closed two-stage tender, a closed auction with the federal executive body authorized by the Government of the Russian Federation to carry out such approval;

8) procurement from a single supplier (performer, contractor) in the cases provided for by Part 1 of Article 93 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" . At the same time, customers:

a) do not coordinate with the control body in the field of procurement the conclusion of a contract with a single supplier (executor, contractor) in the event that an open tender, a tender with limited participation, a two-stage tender, a repeated tender or a request for proposals are declared invalid;

b) do not send a notification to the control body in the field of procurement about the procurement from a single supplier (executor, contractor).

8.2. The Government of the Russian Federation claims:

1) a list of specific customers who are obliged to purchase innovative products, high-tech products, including from small and medium-sized businesses, the annual volume of such purchases or the procedure for establishing the specified annual volume for each specific customer, as well as the form of the annual report on the purchase of innovative products , high-tech products, including from small and medium-sized businesses, and the requirements for the content of this report;

2) the procedure for the joint-stock company "Federal Corporation for the Development of Small and Medium Business", operating as a development institution in the field of development of small and medium-sized businesses in accordance with the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized Entrepreneurship in the Russian Federation" (hereinafter referred to as the corporation for the development of small and medium-sized businesses), executive authorities of the constituent entities of the Russian Federation or organizations created by them:

a) monitoring the compliance of approved plans for the purchase of goods, works, services, plans for the purchase of innovative products, high-tech products, medicines, changes made to such plans, the annual report on the purchase from small and medium-sized businesses, the annual report on the purchase of innovative products, high-tech products (in terms of procurement from small and medium-sized businesses) to the requirements of the legislation of the Russian Federation, which provides for the participation of small and medium-sized businesses in the procurement, in relation to certain customers identified by the Government of the Russian Federation using a unified information system, the procedure for placing in a unified information system by such customers the specified plans, changes, annual reports for such monitoring, including repeated monitoring, as well as the procedure and terms for suspending the implementation of these plans by decision of the antimonopoly authority in the event of issuing negative conclusions based on the results of such monitoring;

b) assessing the compliance of draft plans for the procurement of goods, works, services, draft plans for the procurement of innovative products, high-tech products, medicines, draft amendments to such plans, prior to their approval, with the requirements of the legislation of the Russian Federation, providing for the participation of small and medium-sized businesses in the procurement , in relation to specific customers identified by the Government of the Russian Federation using a unified information system, the procedure for placement in a unified information system by such customers of these projects for such conformity assessment, including a repeated one, as well as the procedure and terms for suspending the implementation of these plans by decision of the antimonopoly authority in in case of issuing negative conclusions based on the results of such conformity assessment;

3) the form of the section on the participation of small and medium-sized businesses in the procurement, contained in the plan for the procurement of goods, works, services of customers, determined by the Government of the Russian Federation in accordance with paragraph 2 of this part, and the requirements for the content of this section;

4) the form of the section on the participation of small and medium-sized businesses in the procurement, contained in the plan for the procurement of innovative products, high-tech products, medicines of customers, determined by the Government of the Russian Federation in accordance with paragraph 2 of this part, and the requirements for the content of this section.

9. The procurement participant has the right to appeal in court the actions (inaction) of the customer in the procurement of goods, works, services. In the cases provided for in paragraphs 1, 4 - 6 of part 10 of this article, the small and medium-sized business development corporation has the right to appeal in court the actions (inaction) of customers in respect of which the small and medium-sized business development corporation conducts compliance monitoring or conformity assessment provided for in article 5.1 of this Federal Law. The executive authorities of the constituent entities of the Russian Federation or organizations created by them, in the cases provided for in paragraphs 1, 4 - 6 of part 10 of this article, have the right to appeal in court the actions (inaction) of customers in respect of which the executive authorities of the constituent entities of the Russian Federation or organizations created by them carry out monitoring of compliance or assessment of compliance, as provided for in Article 5.1 of this Federal Law.

10. Any participant in the procurement has the right to appeal to the antimonopoly authority in the manner prescribed by Article 18.1 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition", taking into account the specifics established by this article, the actions (inaction) of the customer, the commission for the implementation procurement, the operator of the electronic site when purchasing goods, works, services, if such actions (inaction) violate the rights and legitimate interests of the procurement participant. An appeal is made in the following cases:

1) the purchase by the customer in violation of the requirements of this Federal Law and (or) the procedure for the preparation and (or) implementation of the purchase contained in the regulation on the purchase of such a customer approved and posted in the unified information system;

2) has expired. - Federal Law of December 31, 2017 N 505-FZ;

2.1) violation by the operator of the electronic site in the course of the procurement of goods, works, services of the requirements established by this Federal Law;

3) non-posting in the unified information system of the procurement provision, changes made to the specified provision, information on procurement, information and documents on contracts concluded by customers as a result of the procurement, as well as other information subject to placement in the unified information system in accordance with this Federal Law; system, or violation of the terms of such placement;

4) presentation of requirements to procurement participants that are not provided for by the competitive procurement documentation;

5) the implementation by customers of the procurement of goods, works, services in the absence of an approved and placed in a single information system provision on procurement and without applying the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for ensuring state and municipal needs" provided for by Part 8.1 of this Article, Part 5 of Article 8 of this Federal Law, including violation of the procedure for applying these provisions;

6) non-posting in the unified information system of information or posting false information on the annual volume of purchases that customers are required to make from small and medium-sized businesses.

11. If the contested actions (inaction) are committed by the customer, the procurement commission, the operator of the electronic site after the expiration of the deadline for filing applications for participation in the procurement established in the competitive procurement documentation, such actions (inaction) can be appealed only by the procurement participant, who applied for participation in the procurement.

12. In the antimonopoly body in the manner prescribed by Article 18.1 of Federal Law No. 135-FZ of July 26, 2006 "On Protection of Competition", in the cases specified in paragraphs 1, 4 - 6 of Part 10 of this Article, and also taking into account the specifics established this article may be challenged:

1) by the corporation for the development of small and medium-sized businesses, the actions (inaction) of customers in respect of which this corporation conducts compliance monitoring or conformity assessment provided for in Article 5.1 of this Federal Law, when purchasing goods, works, services, if such actions (inaction) violate rights and legitimate interests of small and medium-sized businesses;

2) by the executive authorities of the constituent entities of the Russian Federation or organizations created by them, actions (inaction) of customers in respect of which the executive authorities of the constituent entities of the Russian Federation or organizations created by them monitor compliance or assess compliance, provided for in Article 5.1 of this Federal Law, when purchasing goods, works services in the event that such actions (inaction) violate the rights and legitimate interests of small and medium-sized businesses.

13. Consideration of a complaint by the antimonopoly body should be limited only to the arguments that are the subject of the appeal.

The changes that were made to the text of 223-FZ on procurement in the latest edition of 2020 are associated with a change in the planning period. Federal Law No. 263-FZ dated August 2, 2019 amended Part 3.1 of Art. 4 223-FZ and introduced the rule that the procurement plan is approved for 3 years. These amendments come into force on November 1, 2019.

From 07/31/2019, the latest version of Federal Law 223 on public procurement 2020 contains provisions that the money that was donated or donated, or inherited by the customer by will, is spent according to the procurement law. The main thing is to change the situation. It was allowed to correct it until 10/01/2019.

We collected in the table the changes that are only planned to be made to 223-FZ. They will come into effect in 2020.

What is a Procurement Law for?

Law 223-FZ on holding auctions by certain types of legal entities entered into force on 01.01.2012. It fixes the main provisions for conducting procurement procedures by a certain category of organizations. Purposes for which it was adopted:

• development of competition in the commodity market;
• rational use of funds;
• ensuring openness and transparency of trading;
• prevention of corruption and other abuses.

Learning the basics

Federal Law No. 223 FZ, as amended in 2020 and comments for dummies, establishes principles, including:

1. Information accessibility of trading. This principle is general legal and is ensured by posting information on the Internet. On the official website for 223 Federal Law Procurement gov.ru published information about ongoing tenders. Among the sites on which bidding is carried out, we single out Fabrikant and B2B-center, and from the specialized ones - the trading floor according to 223 FZ Sberbank UTP and the Russian Railways trading floor.
2. Equality, fairness and lack of restriction of competition in relation to tenderers. The organizer of the procedure ensures equal rights and opportunities for participants, excludes a selective approach in the selection of the winner.
3. Efficient use of funds and reduction of customer costs. It means that customers strive to rationally spend money. But this is not about reducing prices, but about reducing overall costs.
4. No restrictions for participants. It is forbidden to set non-measurable requirements. Avoid conditions (participant financial resources, production capacity) that are ambiguous or do not fully apply to participants.

Who is the customer

According to the law 223 FZ, customers include (article 3.1):

• state corporations, state companies and business entities, in the authorized capital of which the share of Russia exceeds 50%;
• other legal entities (subjects of natural monopolies, their subsidiaries and other legal entities) in case of implementation of investment projects worth at least 10 billion rubles, which are supported by the state;
• budgetary institutions, state and municipal unitary enterprises (subject to the conditions listed in Article 1);
• federal state unitary enterprises (their list is approved by the Government).

Features of the auction

The first feature of orders under the current version of 223 FZ is Procurement Regulations. This document regulates the procurement activities of the customer and is approved on the basis of a model provision. It is published on the EIS website. The regulation includes the procedure for preparing and conducting procedures (including methods of orders) and the conditions for their application, the procedure for concluding and executing contracts, and other important rules, for example, those related to security. Approved by different authorities depending on the type of legal entity. For a state corporation or company - the supreme governing body, and for the state unitary enterprise, municipal unitary enterprise - their leaders.

The second feature is the complete information openness of trading. The law obliges to publish information in the EIS (procurement plan, notice, documentation and changes). It is allowed to publish information about the auction on the customer's website.

Federal Law No. 223 allows procedures to be carried out electronically. If they are held among small businesses, the customer is obliged to conduct them electronically. The customer prescribes in the regulation how the auction, tender, request for quotations and request for proposals are conducted without fail. The rest of the procedures are determined by him.

Illustration: Pravo.ru/Petr Kozlov

Innovations in the law on procurement will significantly change the procedures for 223-FZ. All purchases will be divided into competitive and non-competitive. Priority will be given to the first, which will be conducted mainly in electronic form. The regulations give the customer new responsibilities. In particular, rules have been added on how to describe the subject of the purchase. The main trend is convergence with the stricter rules of the Law on Public Procurement 44-FZ.

On July 1, significant changes to Law No. 223-FZ came into force, which regulates the procurement of state corporations, unitary enterprises and other commercial organizations with more than 50% state participation. The main innovation is that purchases will be divided into competitive and non-competitive. In competitive notices, as a rule, they will be placed in the unified information system (UIS), and such purchases themselves will become electronic by default. An exception is if the customer indicated a different order in the documentation. If only small and medium-sized businesses can participate in the procurement, then the electronic form becomes mandatory, the new law says. For the first time, he provided the rules according to which customers should prepare the terms of reference, equated the request for quotations and proposals with the forms of bidding, and determined the general requirements for them. It also regulates the features of holding auctions and competitions.

Electronic platforms: why no one is ready

The law determined the procedure for conducting competitive purchases in electronic form. Entrepreneurs will have to pass accreditation on new electronic platforms. In order to deposit cash as collateral, the supplier will have to open a special bank account authorized by the Government. According to Kalinina, purchases from small and medium-sized businesses will not start working from July 1, 2018, but only after new site operators begin to operate (tentatively in the fall). As Vedomosti reported, the Government extended the deadline for banks to conclude agreements with sites until January 1, 2019. Large customers do not have time to prepare either: at a round table in the Federation Council, they asked for a few more months to dock their programs with the EIS. Suppliers, in turn, need time to open special bank accounts, Kommersant wrote. Despite the delay, customers already need to take into account the upcoming changes, Kalinina warns.

Previously, most procurement regulations contained an open list of purchases from a single supplier. As a result, state-owned companies carried out a third of purchases in this form. A closed list should improve the situation.

Art De Lex lawyer Anna Bolshakova

In addition, there were rules for describing goods, works or services in competitive procurement:

• it is necessary to indicate the functional characteristics (consumer properties) of the object, as well as technical, qualitative and, if necessary, operational;
• in most cases it is impossible to indicate trademarks, trade names, the country of the manufacturer, etc., since this unreasonably limits the number of procurement participants;
• if it is still necessary to name a trademark, it is necessary to provide for the possibility of an equivalent. The law calls exceptions, for example, a spare part or consumable for a car is required and the manufacturer requires exactly the original.

Instead of the initial (maximum) price of the contract, it will be possible to set the price of a unit of goods and the maximum price of the contract. Another option is the formula for determining the contract price and its maximum value.

223-FZ+44-FZ=?

According to Kalinina, 223-FZ has ceased to be a framework law that defines only general principles and transfers most issues to the customer. Now the freedom of the customer is significantly limited.

The main trend is the convergence of the rules of the 223rd and more stringent 44th laws. The new restrictions in 223-FZ are largely mechanically written off from the public procurement law 44-FZ, but it has a completely different subject of regulation.

DS Law Partner Maria Kalinina

The trend is visible in the example of the new rules for describing the items of purchase. They are written off from 44-FZ, but are not adapted to the specifics of corporate procurement, continues partner DS Law. But in general, she advocates restricting the rights of corporate customers: "Until now, it was a very uncompetitive market, where it was customary to fish in troubled waters."

Suppliers should now prepare new procurement regulations that would meet all the requirements of the new edition of 223-FZ. “Our lawyers help joint-stock companies, autonomous institutions and other corporate customers to be in time by July 1,” Kalinina shared. But not everyone is doing it. In this case, they will be spurred on by complaints from suppliers when the changes go into effect.”

In 2018, there will be a number of changes in the procurement procedure under Law No. 223-FZ. Some will come into force on July 1, 2018, and some are already in effect on January 1. Let's look at some of them.

Online course ". An additional professional advanced training program was developed on the basis of the requirements of the professional standard "Specialist in the field of procurement". Professional development 72 hours. At the end of 2017, four federal laws on amendments to Law No. 223-FZ were adopted at once:

• Federal Law No. 470-FZ of December 29, 2017 “On Amendments to Certain Legislative Acts of the Russian Federation”;
• Federal Law No. 481-FZ of December 31, 2017 “On Amendments to Certain Legislative Acts of the Russian Federation”;
• Federal Law No. 496-FZ of December 31, 2017 “On Amendments to the Federal Law “On the Procurement of Goods, Works, and Services by Certain Types of Legal Entities”;
• Federal Law No. 505-FZ dated December 31, 2017 “On Amendments to Certain Legislative Acts of the Russian Federation”.

In addition, two decrees of the Government of the Russian Federation on supporting the NSR came into force:

• Decree of the Government of the Russian Federation of November 15, 2017 No. 1383;
• - Decree of the Government of the Russian Federation of 19.08.2016 No. 819.

Changes related to exceptions in regulation 223-FZ regarding procurement

The list of exceptions to Law No. 223-FZ has been extended

From December 31, 2017, Law No. 223-FZ does not apply to:

1. conclusion and execution of contracts in accordance with the legislation of the Russian Federation on the electric power industry, which are mandatory for participants in the market for the circulation of electric energy and (or) capacity (clause 8, part 4, article 1 of Law No. 223-FZ);

2. execution by the customer of an agreement concluded with a foreign legal entity, the subject of which is the supply of goods, performance of work, provision of services outside the Russian Federation (clause 12, part 4, article 1 of Law No. 223-FZ);

3. the purchase by the customer of goods, works, services from legal entities that are recognized as interdependent persons in accordance with the Tax Code of the Russian Federation (clause 2 of article 105.1) and the list of which is defined in the procurement regulation. At the same time, in the procurement regulation from 12/31/2017, the customer is obliged to justify the inclusion of each legal entity in the specified list of persons interdependent with him (clause 13, part 4, article 1 of Law No. 223-FZ);

4. purchases of goods, works, services by a legal entity registered in the territory of a foreign state for the purpose of carrying out its activities in the territory of a foreign state (clause 14, part 4, article 1 of Law No. 223-FZ).

According to paragraph 8 of part 4 of Art. 1 of Law No. 223-FZ, this law does not apply to relations related to conclusion and execution of contracts, which are obligatory for participants in the market for the circulation of electric energy and (or) capacity.

This norm does not indicate which participants in which electricity circulation markets are meant - wholesale or retail, therefore, it is understood that the specified exception applies to participants in the retail electricity circulation market - which include any consumers of electric power.

Thus, from December 31, 2017, power supply or sale and purchase (supply) contracts for electrical energy (capacity) concluded by customers with last resort suppliers are not included in procurement plans and in reporting generated by customers in 2018.

The effect of Law No. 223-FZ is extended to the procurement of goods, works, services for the purposes of commercial use

From December 31, 2017, the law applies to purchases related to the commercial use of goods, works, services (Part 1 of Article 3 of Law No. 223-FZ).

Customers now have two options:

1. purchase such goods, works and services through so-called interdependent legal entities;
2. include such purchases in the list of purchases from a single supplier.

Changes related to clarifications and changes in information posted in the EIS

Information that customers have the right not to post in the EIS

Since December 31, 2017, a list of information has been established that customers have the right not to post in the EIS:

1. on the procurement of a number of financial services (clause 2, part 15, article 4 of Law No. 223-FZ): -
   • services for attracting deposits (including placement of deposits) of organizations' funds;
   • -provision of credits and loans;
   • - services for the issuance of bank guarantees and guarantees;
   • - services for opening and maintaining accounts, including letters of credit;
   • - brokerage services;
   • - Depository services.
2. on the procurement of services for trust management of property (clause 2, part 15, article 4 of Law No. 223-FZ);
3. on procurement related to the conclusion and execution of a contract of sale, lease (sublease), an agreement on trust management of state or municipal property (clause 3, part 15, article 4 of Law No. 223-FZ);
4. on procurement related to the conclusion and execution of any contracts providing for the transfer of ownership and (or) use rights in relation to real estate (contracts for the sale, lease, sublease of real estate, etc.) (clause 3, part 15, article 4 of the Law No. 223-FZ).

Now customers can not place information in the EIS on contracts for settlement and cash services (that is, do not show such purchases either in the procurement plans or in the register of contracts). As for real estate lease agreements, it is necessary to indicate the total quantity and cost of the concluded agreements, but information about the purchase itself (notice, documentation, protocol) should not be placed in the EIS. This provision only applies to contracts entered into on or after January 1, 2018.

Information not subject to placement in the EIS

The powers of the Government of the Russian Federation have been expanded in terms of determining information that is not subject to placement in the EIS. They entered into force on December 31, 2017.

Article 4 of Law No. 223-FZ:

16. The Government of the Russian Federation has the right to determine:

3) a list of grounds for non-placement in the unified information system of information about the supplier (contractor, performer) with whom the contract is concluded;

4) lists and (or) groups of goods, works, services, the procurement of which is carried out by specific customers, information on the procurement of which does not constitute a state secret, but is not subject to placement in a single information system.

List of documents placed in the EIS

From December 31, 2017, it is necessary to make decisions on accession to the procurement regulation, on accession to changes in the procurement regulation of the management bodies of subsidiaries (parts 4 and 5 of article 2 of Law No. 223-FZ) in the EIS.

The decision to join must be posted in the EIS within 15 calendar days from the date of its adoption. Procurement regulations do not need to be entered into the EIS.

Clarified the responsibility of the customer in case of non-placement of the provision on procurement in the EIS

If the customer has not posted the approved procurement regulation (or the decision to join the procurement regulation) within the time limits established by law, the main provisions of Law No. 44-FZ apply to him until he performs the specified actions, in part:

• justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (executor, contractor);
• choosing a method for determining the supplier (executor, contractor);
• procurement from SMP, SONKO;
• application of requirements to procurement participants;
• evaluation of applications, final proposals of procurement participants;
• creation and functioning of the procurement commission;
• definition of the supplier (executor, contractor),
• procurement from a single supplier (executor, contractor).

Change in the rules of appeal under 223-FZ

From December 31, 2017, the list of grounds for administrative appeal against actions (inaction) of the customer, the procurement commission to the FAS Russia, as well as the circle of persons who can file such complaints has been expanded.

In this video advice, Stanislav Gruzin will tell you what has changed since 2018 in the rules for appealing 223-FZ. Watch an excerpt from the webinar "".

Purchases from small and medium-sized businesses from 01/01/2018

From January 1, 2018, the circle of customers who are obliged to purchase goods, works, services from SMEs has been expanded:

This responsibility is now assigned to:

1. all customers (with the exception of autonomous institutions and customers that are SMEs) whose annual revenue for the previous calendar year exceeds 500 million rubles.
2. customers that are credit institutions (with the exception of customers - SMEs) whose assets for the previous calendar year exceed 500 million rubles.
3. customers that are autonomous institutions, the total value of contracts concluded as a result of the purchase of goods, works, services for the previous calendar year exceeds 250 million rubles.

Also, the form of the annual report on the procurement of goods, works, services by certain types of legal entities from SMEs has been supplemented with the following information:

• on the share of purchases from SMP in the total annual value of contracts;
• on the share of purchases from small businesses based on the results of tenders, other methods of purchase provided for by the procurement regulations, of which they are the only participants.

Increased quotas for purchases from small and medium-sized businesses

Decree of the Government of the Russian Federation of August 19, 2016 No. 819 , which entered into force on January 1, 2018, increases the mandatory annual volume of purchases of goods, works, services from SMEs from 10% to 15%.

Information Systems

It is allowed to use corporate, regional and municipal information systems to post information that is subject to placement in the EIS under 223-FZ.

If the information on competitive procurement posted in corporate information systems in the field of procurement of goods, works, services, regional and municipal information systems in the field of procurement differs from the information posted in the EIS, the information posted in the EIS has priority.

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On March 18, 2011, Federal Law No. 223-FZ "On the Procurement of Goods, Works, and Services by Individual Legal Entities" came into force. In order to answer what the law says and what pitfalls you can meet in it, you need to disassemble it into questions and give answers.

Which businesses are covered by the law?

According to Federal Law No. 223, it is intended for legal entities, but not for all, they are distinguished by type. Recently, Federal Law 223 came into force for the following organizations:

1. to monopoly enterprises.
2. subsidiaries in which half of the assets belong to the state.
3. municipal enterprises.
4. state companies.

Law 223 FZ

What documentation is required in order to comply with Law No. 223 FZ?

The document that the organization develops and approves is the procurement regulation. With the help of this document, it will be indicated how purchases are carried out, who controls them, what are the deadlines, the procedure for concluding contracts, etc.

223 F3 regulates that companies must also develop notification documentation, draft contracts.

What type of procurement is carried out according to the law?

Procurement algorithm

According to Federal Law No. 223-FZ, all tenders should be carried out only in two types: auction and competition. Details are also specified, whether this will take place in electronic form, draft contracts, price offers.

If you have any questions, there is a special section on the official website where you can get information.

Answers on questions

Purchasing control

The executive branch exercises all control over procurement, timing, and the quality of services provided to the state. All inactions and complaints of customers are carried out by control with the help of the appropriate service, which opposes the monopoly. How to protect the state from low-quality suppliers?

Transaction security

According to the information portal, all data on the fulfillment of deliveries and other information enters the system. If the supplier wants to deceive or he already had controversial issues, the system automatically enters him into the register of unreliable service or product providers.

Enumeration of goods and services.

List of goods and services

How will they be able to punish a legal entity if it evades to fulfill its own deadlines and violates the provisions of the contract?

All claims can be appealed in court or in the monopoly committee, in accordance with applicable law. The law was adopted in order to make public procurement more honest and transparent, every media outlet has access to data on how the auction is conducted, who owns the company, etc. Law No. 223-FZ gives the basic concepts for regulating relations between the state and the customer, but, nevertheless, remains within the scope of the legislation.