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223 federal procurement law summary. ANSI Consulting Group. There are such electronic platforms in the Russian Federation

01.04.2023

The Accounts Chamber has repeatedly drawn attention to such violations as unreasonable pricing and advance payments, removal of procurement from the scope of 223-FZ, and uncontrolled involvement of co-executors. This contradicts the very essence of procurement under 223-FZ and leads to tightening the screws.

Advantages of 223-FZ

  • No procurement justification required
  • Procurement planning for 1 year
  • No justification for the initial (maximum) purchase price is required
  • Indication of trademarks in documentation without a mandatory equivalent (limited in 2018)
  • Convenience of small purchases up to 100 thousand rubles.
  • Requirements for participants, procurement form, evaluation criteria are determined by the customer in the procurement regulations

With skillful use of the advantages of the law, the customer under 223-FZ can quickly purchase from an effective supplier, taking into account the latest requirements for experience, qualifications, technical proposals, etc.

Which customers are required to purchase under 223-FZ

  1. Government corporations such as
    • Deposit Insurance Agency (DIA)
    • Vnesheconombank (VEB)
    • Rusnano
    • Rosatom
    • Rostec
    • Roscosmos
  2. State companies such as
    • Rosneft
    • Transneft
    • Sberbank
    • RusHydro
    • IDGC Holding
    • Rostelecom
    • Alrosa
    • Aeroflot
  3. Subjects natural monopolies
    • Gazprom
    • Post office
  4. Organizations carrying out regulated activities in the areas
    • Electricity supply, gas supply, heat supply
    • Water supply, drainage, cleaning waste water,
    • Processing, recycling, neutralization and disposal of municipal solid waste
  5. State and municipal unitary enterprises (SUE, MUP)
  6. Autonomous institutions, as well as business companies with a state share of more than 50%
  7. Subsidiary business companies with shares legal entities(clauses 1-6) more than 50% (“subsidiaries” of state-owned companies)
  8. Subsidiary business companies with the total share of subsidiary legal entities of clause 7 exceeding 50% (“granddaughters” of state-owned companies)
  9. Budgetary institutions, as an exception to 44-FZ, in case they receive grants, carry out government contracts or their own income

Who can participate

A procurement participant under 223-FZ may be:

  1. Any legal entity, regardless of:
    • Organizational and legal form
    • Forms of ownership
    • Locations
    • Places of origin of capital
  2. Any individual
  3. Individual entrepreneur
  4. Several legal individuals or individual entrepreneurs acting on the side of one participant

Participants in procurement under 223-FZ must meet the requirements established by the customer in the procurement regulations and procurement documentation.

The customer has the right to establish requirements for the absence of a procurement participant under 223-FZ in the register of unscrupulous suppliers under 44-FZ.

In practice, government procurement under 223-FZ involves mainly legal entities and very rarely individuals.

For foreign companies, participation opportunities are also limited in several areas. Most often they submit applications from Russian legal entities.

What is needed to participate in procurement

General steps:

  • obtaining an electronic signature for bidding (EDS);
  • computer setup, including special software and plugins;
  • for SMP – registration on the official website of the EIS ( step by step instructions in our article).

Procurement documentation according to 233-FZ

Documents consist of four mandatory components:

  1. Procurement plan under 223-FZ
  2. Procurement Regulations
  3. Notice
  4. Procurement documentation.

Procurement plans

Customers are required to place procurement plans for the current year in a unified information system. It is prohibited to make purchases that are not included in the schedules. You can familiarize yourself with the procurement plans under 223-FZ at the link.

Everything about the plan is quite clear: it specifies what exactly and in what quantity they plan to purchase, but it’s difficult to guess what the remaining three contain. Let's take a brief look at what the rest of the documents are about.

Procurement Regulations

Since 223-FZ on procurement does not regulate in detail the procurement activities of customers, they are obliged to determine this procedure independently.

According to 223-FZ, the procurement regulation is a document describing how tenders will be conducted, so it is important to indicate in it:

  • type of bidding;
  • how the auction will be conducted, timing;
  • requirements for contractors and the results of their activities;
  • documents required for participation;
  • how applications will be selected;
  • cost or formula for calculating it;
  • the procedure for signing the contract and paying for it;
  • responsibility of participants;
  • an indication that the contractor should not be in the register of unscrupulous suppliers (RNP);
  • methods of dispute resolution.

After preparation, the regulation is published in the Unified Information System; it is preliminarily approved by the company’s management body: manager, board of directors, meeting of founders, etc.

If changes have been made to the provision, it should be re-approved and placed in the Unified Information System.

The customer is obliged to post the procurement regulations within 15 days from the date of approval. Download a sample procurement regulation.

The customer's procurement regulations are the most important document for the supplier under 223-FZ.

Yes, there are tens of thousands of customers, but if some of them are interesting to you, we recommend that you carefully study their regulations, in what form they carry out purchases, for what terms they announce them, what requirements they set.

Standard Procurement Regulations

State unitary enterprises, municipal unitary enterprises, budgetary and autonomous organizations use standard regulations.

It is distinguished by the presence of three constant parts:

  • a description of the order in which the procedures will be carried out;
  • deadlines for signing contracts;
  • method of bidding and detailed conditions.

Notice

In it, the customer enterprise must indicate:

  • how the procurement will be carried out (method);
  • detailed information about the customer, including contacts, website address;
  • subject of the contract with detailed requirements for characteristics, quantity and other essential conditions;
  • the place where products need to be delivered or work performed;
  • initial maximum price;
  • the period during which suppliers can submit bids;
  • deadline for publication of procurement documentation;
  • the order in which the winner will be determined;
  • other information - everything that the government customer deems necessary and important.

Procurement documentation

It deciphers and details the data from the notice and regulations. The documentation again describes the characteristics, the number of units of the item being purchased, but with detailed requirements for safety, packaging, and shipment.

The customer must indicate what should be contained in the application and how it should be formatted, how participants should indicate information about themselves and their goods or services, and how applications will be evaluated and compared.

The documentation also describes:

  • the procedure and possible methods of payment for goods or services of the supplier;
  • the procedure for paying related expenses: insurance, delivery, customs duties, taxes, etc.;
  • subcontracting rules;
  • the procedure for providing clarifications;
  • all dates, including deadlines for summing up results and studying proposals.

If the contractor does not agree with the actions or inactions of the customer, the ETP, or the authorized commission, and sees them as a violation of the norms of 223-FZ and/or his rights, he has the right to appeal them by going to court or the antimonopoly service.

Where to look for purchases

Procurements under 223-FZ are mandatory published on the official government procurement website (zakupki.gov.ru).

Notices and all procurement documentation are available free of charge, without registration and in full.

The Tenderplan system allows you to work effectively with procurement under 223-FZ.

What purchases can be carried out under 223-FZ

A competitive procurement is carried out in compliance with three points simultaneously:

  1. The state customer publishes or sends documentation: to the Unified Information System with open access to everyone or sends invitations to at least two potential candidates for a closed procurement;
  2. The subject of the auction is described in detail, its detailed characteristics, which are significant for the customer;
  3. Competition ensured.

If a purchase contradicts one or more points from this list, it is non-competitive.

Types of competitive bidding:

  1. Contest- a popular type of bidding, the supplier who submits the application with the most favorable conditions wins;
  2. Auction- the most common type of bidding, the supplier who makes the lowest bid wins by reducing the NMDC by an auction step;
  3. Request for proposals- a tender in which the supplier who offers the conditions that best suit the customer’s needs wins. Request for prices in electronic form according to 223-FZ - this is a request for price proposals;
  4. Request for quotation- a tender in which the supplier who offers the lowest price wins.

This list is not exhaustive. Customers have the right to specify other forms in the procurement regulations. Competitive types of tenders can be open or closed and conducted electronically, on paper, and consist of one or several stages.

Open competition under 223-FZ

What are other procurement methods under 223-FZ

We noted above that 223-FZ provides customers with a lot of freedom. And they can abuse it beyond measure. Customers may establish in their regulations other methods of procurement, except for competition and auction, and determine their order.

Thousands of different procurement methods have been invented, the exact number of which even the Antimonopoly Service cannot count (according to FAS estimates, over 3,500).

Some of the types of procurement not directly provided for in 223-FZ:

  • Competitive negotiations
  • Two and three-stage competitions with or without prequalification, rebidding, etc.

This abundance of types of procurement provides a breeding ground for abuse.

Procurement mechanism

So, the customer posted the position, prepared the notice and documentation.

Now it's time for suppliers to act and submit applications within the deadline specified in the documents. The application can be withdrawn or edited before the submission deadline.

Any of the potential contractors can send a request asking for clarification of certain points of these documents. He must do this within 3 days and publish it in the Unified Information System, without naming the requesting supplier. If the time allotted for submitting applications ends in less than 3 days, then you do not have to respond to the request.

To select the winner, the customer will need to create a purchasing committee.

Purchasing commission

Another feature of 223-FZ is the need to form a special commission, what is this? Let's take a closer look.

Before holding a tender, the customer must create a commission, which must consist of at least 5 members; it is desirable that the specialists are competent in the subject matter of the procurement.

It performs the following functions:

  • prepares notice and documentation for procurement;
  • checks whether applications meet specified requirements;
  • provides clarifications (answers requests from participants);
  • evaluates applications or engages experts for this if necessary;
  • announces rebidding or bargaining;
  • negotiates with potential performers;
  • determines the winner;
  • cancels the auction.

Summing up

As a result of the tender, a protocol is prepared, it is published in the Unified Information System, it must contain:

  • date of compilation;
  • the total number of submitted applications, the day and time of registration of each of them;
  • priority order number for the customer. The first place goes to the application containing the most attractive conditions. And if several applications contain the same conditions, they are arranged according to the time of submission, priority is given to the first submitted application of the same ones;
  • results of the review (if the documentation provides for it): the number of unsuitable applications, reasons for rejection, decision of the commission, reasons if the auction did not take place.

There may be several winners! The customer has the right to choose not one contractor, but several and sign agreements with them.

All procurement documents: protocols, explanations, clarifications are stored by the customer for at least 3 years.

Conclusion of an agreement under 223-FZ

An agreement based on the results of a procurement can be signed no earlier than 10 working days after it was carried out (the period allotted for appealing the results of the procedures) and no later than 20 working days from the date of publication of the final protocol in the system.

After an appeal, you can sign the contract within 5 days after the decision to consider the complaint is made.

Priority of Russian goods under 223-FZ

Effective January 1, 2017 Government Decree No. 925, on the priority of goods, works and services of Russian origin.

On July 10, 2019, changes were made to the resolution, establishing the priority of Russian radio-electronic products at 30%.

Memo: summary table of deadlines under 223-FZ

DocumentDeadlines
PositionPublished within 15 days from the date of approval
Changes in positionWithin 15 days from the date of approval
Notice, documentation
(as a general rule)

15 days before the end of the allotted time for sending applications
With the participation of SME representatives:
· competitions, auctions		7 days before the end of the allotted time for sending applications, if the NMDC is less than or equal to 30 million rubles

15 days before the end of the allotted time for sending applications, if the NMDC is more than 30 million rubles
· offers5 days before it is held, if the NMCD is not more than 15 million rubles
· quotes4 days before the end of the allotted time for sending applications, if the NMDC is not more than 7 million rubles
Changes to notices and documentationWithin 3 days from acceptance of changes
Explanations3 days from receipt of request
Final protocol and other protocols3 days
AgreementSigned within 10-20 days after publication of the final protocol, posted in the Unified Information System within 3 days
Agreement based on the results of the appeal5 days

Features of procurement with representatives of SMEs

The tender with the participation of SME representatives is carried out exclusively in electronic form.

Competition stages:

  1. During the period allotted for submitting applications, potential suppliers can discuss with the customer the requirements for the subject of purchase, the terms of the contract;
  2. The customer reviews all applications, they must meet the requirements and contain the necessary information provided for in the documentation;
  3. Candidates are being selected. If any points of the application do not meet the requirements, it is rejected.

The notice specifies the timing of individual stages. Based on the results of each of them, a protocol is drawn up, and as a result of the latter, the final protocol is published.

When changes are made to the notice, the suppliers' applications are not rejected, the commission invites them to submit final (additional) proposals.

At any stage after the publication of the interim protocol, each potential contractor may refuse to continue participating in the tender. This is expressed in their failure to provide a clarifying (final) proposal.

Electronic auction with representatives of the SMP is carried out according to the following rules:

  • the supplier makes a bid, reducing the price by a “step”: from 0.5 to 5% of the NMDC;
  • It is impossible to make an equal or greater offer to the last bid, just as it is unacceptable to put a price equal to zero;
  • You cannot reduce the price from your own last offer.

To participate in a procurement such as request for quotation SMEs need to submit a proposal with a price, the supplier’s consent to provide the subject of the contract and other documents that the notice requires.

Peculiarity request for proposals with the participation of SME representatives is that it may include a pre-selection stage, which takes place according to the following rules:

  • the notice clearly establishes the timing of each stage;
  • the requirements are the same for all suppliers and are established by procurement documents;
  • applications are submitted together with documents that confirm the supplier’s compliance with the requirements stated by the customer;
  • if the application does not meet them, it will be rejected.

Where and how the auction takes place

Bidding with the participation of representatives of SMEs is held on eight official electronic trading platforms. The subject must be accredited, otherwise the application will not be possible.

An application for any competition or auction is a document consisting of two parts. When requesting quotes, just fill out one part. A price offer is also prepared for each application. The first part is entirely devoted to the subject of procurement. The second is to the supplier himself. They are served in a certain order.

If these rules are not followed, the application will be rejected. The price quote indicates the cost. If the purchase provides for this, additional price proposals may be submitted; 3 hours are allotted for their submission.

The security is paid according to general rules(transfer to a special account or bank guarantee). Therefore, the SME representative must first open a special account.

An amount sufficient to ensure the execution of the contract is blocked for a month after the expiration of the deadline for submitting an application. The ETP operator sends the bank information about how much money needs to be blocked in the supplier’s special account; the bank is obliged to respond within an hour if there are enough funds on it.

If the supplier has not fulfilled all the clauses of the contract, or has fulfilled them improperly, the blocked money is transferred to the customer.

How does procurement work with representatives of SMEs?

Bidding is carried out in the following stages:

  1. ETP sends the customer the first part of the application and the final offer from each supplier during the next day after the time allotted for accepting applications has expired;
  2. The second part is sent within the time established by the notice;
  3. The customer studies the first part and sends the ETP protocol, it is published in the Unified Information System within an hour;
  4. Within one hour, the operator sends the price comparison protocol to the customer;
  5. Over the course of 1 day, the commission numbers applications, generates and publishes the final protocol. In first place will be the supplier who offered the lowest cost and offered the most favorable conditions; if several contractors offered the same cost, the one who submitted the application first will win;
  6. Using ETP, an agreement is concluded based on the notice and procurement documentation. It is signed with an electronic signature. If the contractor has complaints regarding the points of the agreement, he sends the other party a protocol of disagreements. In it, the supplier can indicate which clauses of the contract violate the requirements of the notice or documentation. The customer corrects the inconsistent items or refuses the contractor with justification of the reasons.

After completion of the transaction, the ETP operator will store all procurement documents for at least 3 years.

Conclusions

As you can see, procurement under 223-FZ is not an easy procedure for beginning suppliers. The law regulates many requirements and procedures.

We tried to tell as briefly as possible the essence, the main points of Law 223-FZ, for dummies, even if not in diagrams, but in tables.

And if you are confident in your abilities, we wish you success and profitable transactions!

According to 223-FZ, the most reliable method to ensure the implementation of a government contract is the use of bank guarantees. Being a kind of obligation, and not a system of mutual settlements between a client and a financial institution, guarantees act as a tool. Its work is based on the fact that in case of failure to fulfill the obligations stipulated by the contract, the bank is the guarantor responsible for the financial part of the contract.

In accordance with Law No. 223-FZ, purchasing from a single supplier should be understood as a method of procurement by sending an application to one single supplier. This form of bidding is a way of non-competitively identifying a candidate for a government contract, and in practice there may be significant corruption risks in relation to such a procedure. Therefore, current legislation imposes significant restrictions on the possibility of using such procurement.

One of the most important issues for suppliers planning to become participants in procurement under Federal Law 223 and organizations acting as customers is the responsibility they will bear in case of failure to fulfill their obligations and the fines provided for under Federal Law 223 for violations of procurement rules in within the framework of this law.

In business practice, it is customary to establish the following methods of ensuring the execution of a contract: transfer of the security deposit to a special account of the customer, as well as the provision of a bank guarantee. The current version of Law 223-FZ does not require the mandatory establishment of security for a contract concluded on a tender basis. However, this condition may be applied at the discretion of the customer.

For a number of organizations, from January 1, 2012, in accordance with Law 223-FZ, the obligation to select suppliers on the basis of a tender is established. The key difference between this Law and Law No. 44-FZ is the ability for the customer to choose forms of procurement, as well as determining the supplier not only according to the criterion of lowest cost, but also on the basis of other non-cost parameters (quality of goods and services supplied, business reputation, personnel composition, technical equipment, etc.).

Let's figure out what you need to know about securing an application for participation in auctions, competitions and tenders under 223-FZ. The organization of various auctions, tenders for government orders and competitions pursues several goals at once, namely the most efficient distribution of budget funds, ensuring accessibility to government (and not only orders) large quantity organizations and individuals and in order to form a transparent procurement market.

Federal Framework Law 223 allows contracting authorities to choose the types of competitive and non-competitive procedures they require for their procurement. One of the most well-known and popular procurement methods is to request price quotes.

Request for proposals under Federal Law No. 223 is one of the common procurement methods used by large organizations. By requesting proposals from suppliers, the customer informs them in advance about his need for a particular product, and also invites potential contractors to compete for participation in the purchase. The contract is signed with the supplier who best meets the buyer's requirements.

Article 2. Legal basis for the procurement of goods, works, services

1. When purchasing goods, works, services, customers are guided by the Constitution Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as legal acts regulating procurement rules adopted in accordance with them and approved taking into account the provisions of Part 3 of this article (hereinafter referred to as the procurement regulations) .

2. The procurement regulations are a document that regulates the customer’s procurement activities and must contain procurement requirements, including the procedure for preparing and carrying out procurement in the ways specified in parts 3.1 and 3.2 of Article 3 of this Federal Law, the procedure and conditions for their application, the procedure for conclusion and execution of contracts, as well as other provisions related to procurement.

2.1. The federal executive body exercising the functions and powers of the founder of a budgetary institution, an autonomous institution, the federal executive body or an organization exercising on behalf of the Russian Federation the powers of the owner of the property of a unitary enterprise has the right to approve a standard procurement regulation, as well as to determine budgetary institutions, autonomous institutions, state unitary enterprises for which the use of such a standard procurement regulation is mandatory when they approve the procurement regulation or make changes to it. Executive body of the constituent entity of the Russian Federation, body local government, exercising the functions and powers of the founder of a budgetary institution of a constituent entity of the Russian Federation, an autonomous institution of a constituent entity of the Russian Federation, a municipal budgetary institution, a municipal autonomous institution, exercising the powers of the owner of the property of a state unitary enterprise of a constituent entity of the Russian Federation, a municipal unitary enterprise, or other authorized by the highest executive body state power of a constituent entity of the Russian Federation, the local administration body has the right to approve a standard procurement regulation, as well as to determine accordingly budgetary institutions of a constituent entity of the Russian Federation, municipal budgetary institutions, autonomous institutions of a constituent entity of the Russian Federation, municipal autonomous institutions, state unitary enterprises of a constituent entity of the Russian Federation, municipal unitary enterprises, for for which the application of such a standard procurement regulation is mandatory when they approve the procurement regulation or make changes to it.

2.2. The standard procurement regulation defines, among other things, the date before which the relevant budgetary institutions, autonomous institutions, and unitary enterprises are required to make changes to the procurement regulation or approve a new procurement regulation in accordance with this standard regulation.

2.3. A standard procurement regulation must contain the following information, which is not subject to change when developed and approved by the relevant budgetary institutions, autonomous institutions, and unitary enterprises:

1) the procedure for preparing and (or) carrying out procurement;

2) procurement methods and conditions for their application;

3) the period for concluding a contract based on the results of competitive procurement, established in accordance with this Federal Law.

2.4. The standard procurement regulation must provide for the specifics of the participation of small and medium-sized businesses in procurement, determined by the Government of the Russian Federation in accordance with paragraph 2 of part 8 of article 3 of this Federal Law.

2.5. The standard procurement regulation is posted in the unified information system by the relevant federal executive body, the executive body of the constituent entity of the Russian Federation, the local government body or the organization specified in Part 2.1 of this article, which approved it, within fifteen days from the date of approval of the standard procurement regulation.

2.6. If changes are made to the standard procurement regulations, such changes are mandatory for application by the relevant budgetary institutions, autonomous institutions, unitary enterprises whose procurement regulations are approved in accordance with the standard procurement regulations.

2.7. Changes made to the standard procurement regulations are subject to placement in the unified information system approved by the federal executive body, executive body of the constituent entity of the Russian Federation, local government body or organization specified in part 2.1 of this article, within fifteen days from the date of approval of such changes. When posting changes made to the standard procurement regulations, the period during which the relevant budgetary institutions, autonomous institutions, unitary enterprises are required to make changes to the procurement regulations or approve a new procurement regulation is indicated. Moreover, such a period cannot be less than fifteen days from the date of posting in the unified information system of changes made to the standard procurement regulations.

3. The procurement regulations are approved:

1) supreme body management of a state corporation or state company if the customer is a state corporation or state company;

2) the head of a unitary enterprise if the customer is a state unitary enterprise or a municipal unitary enterprise;

3) the supervisory board of an autonomous institution if the customer is an autonomous institution;

4) the board of directors (supervisory board) of a business company in the event that the customer is a joint-stock company, or in the case where the charter of the joint-stock company provides for the exercise of the functions of the board of directors (supervisory board) by the general meeting of shareholders of the company, the collegial executive body of the company, or in the absence of a collegial executive body of the general meeting of shareholders of the company;

5) by the general meeting of participants of a limited liability company in the event that the customer is a limited liability company, or in the case where the approval of the procurement regulations is referred by the charter of the limited liability company to the competence of the board of directors (supervisory board) of the company or the collegial executive body of the company, the board of directors (supervisory board) of the company or the collegial executive body of the company;

6) the body exercising the functions and powers of the founder of a budgetary institution, if the customer is a state budgetary institution or a municipal budgetary institution;

7) the supervisory board of a public law company if the customer is a public law company.

4. The management bodies of legal entities specified in paragraphs 2 and 3 of part 2 of Article 1 of this Federal Law have the right, in the manner prescribed by civil law, to decide on the accession of this legal entity to the procurement regulations approved by the management body of the legal entity specified in paragraph 1 part 2 article 1 of this Federal Law, taking into account the requirements established by part 3 of this article. Such a decision is posted in the manner prescribed by Part 1 of Article 4 of this Federal Law.

5. In case of amendments to the procurement regulations of a legal entity specified in paragraph 1 of part 2 of article 1 of this Federal Law, the placement of such changes in the unified information system in the manner prescribed by part 1 of article 4 of this Federal Law is the basis for the joining legal entity decide to join such changes. The acceding legal entity makes such a decision within fifteen days from the date the legal entity specified in paragraph 1 of Part 2 of Article 1 of this Federal Law posts changes to the procurement regulations and places them in the manner prescribed by Part 1 of Article 4 of this Federal Law.

Article 1. Goals of regulation of this Federal Law and relations regulated by this Federal Law

1. The goals of regulation of this Federal Law are to ensure the unity of the economic space, create conditions for the timely and complete satisfaction of the needs of legal entities specified in Part 2 of this article (hereinafter referred to as customers) for goods, works, services with the necessary indicators of price, quality and reliability , efficient use of funds, expanding opportunities for the participation of legal entities and individuals in the procurement of goods, works, services (hereinafter also referred to as procurement) for the needs of customers and stimulating such participation, developing fair competition, ensuring openness and transparency of procurement, preventing corruption and other abuses.

2. This Federal Law establishes general principles procurement of goods, works, services and basic requirements for the procurement of goods, works, services:

1) state corporations, state companies, subjects of natural monopolies, organizations carrying out regulated activities in the field of electricity supply, gas supply, heat supply, water supply, sanitation, wastewater treatment, disposal (disposal) of solid household waste, state unitary enterprises, municipal unitary enterprises, autonomous institutions, as well as business companies in whose authorized capital there is a share of participation of the Russian Federation, a constituent entity of the Russian Federation, municipality in the aggregate exceeds fifty percent;

2) subsidiary business companies, in the authorized capital of which more than fifty percent of the shares in the aggregate belong to the legal entities specified in paragraph 1 of this part;

3) subsidiary business companies, in the authorized capital of which more than fifty percent of the shares in the aggregate belong to the subsidiary business companies specified in paragraph 2 of this part.

3. The procedure for determining the total share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipal entity in the authorized capital of business companies, the total share of participation of legal entities specified in paragraph 1 of part 2 of this article in the authorized capital of subsidiary business companies, the total share of participation specified in paragraph 2 of part 2 of this article of subsidiary business companies in the authorized capital of their subsidiary business companies, as well as the procedure for notifying customers about changes in the total share of such participation is approved by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

4. This Federal Law does not regulate relations related to:

1) purchase and sale of securities and currency values;

2) the customer’s acquisition of exchange-traded goods on a commodity exchange in accordance with the legislation on commodity exchanges and exchange trading;

3) the customer placing orders for the supply of goods, performance of work, provision of services in accordance with Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”;

4) procurement in the field of military-technical cooperation;

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

6) the customer’s selection of financial organizations for the provision of financial services in accordance with Article 18 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition”;

7) the customer’s selection of an audit organization to conduct a mandatory audit of the customer’s accounting (financial) statements in accordance with Article 5 of Federal Law No. 307-FZ of December 30, 2008 “On Auditing Activities”.

Article 2. Legal basis for the procurement of goods, works, services

1. When purchasing goods, works, services, customers are guided by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as those adopted in accordance with them and approved taking into account the provisions of Part 3 of this articles of legal acts regulating procurement rules (hereinafter referred to as the procurement regulations).

2. The procurement regulations are a document that regulates the procurement activities of the customer and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, as well as other related ensuring procurement provisions.

3. The procurement regulations are approved:

1) the highest management body of a state corporation or state company if the customer is a state corporation or state company;

2) the head of a unitary enterprise if the customer is a state unitary enterprise or a municipal unitary enterprise;

3) the supervisory board of an autonomous institution if the customer is an autonomous institution;

4) the board of directors (supervisory board) of a business company if the customer is a joint-stock company, or the collegial executive body of such a joint-stock company if the charter of the business company provides for the exercise of the functions of the board of directors (supervisory board) by the general meeting of shareholders of the business company;

5) a general meeting of company participants if the customer is a limited liability company.

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

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

1) information openness of procurement;

2) equality, fairness, absence of discrimination and unjustified 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 life cycle cost of the purchased products) and the implementation of measures aimed at reducing the customer’s costs;

4) no restrictions on access to participation in procurement by establishing non-measurable requirements for procurement participants.

2. A notice of a competition or auction is placed in accordance with Part 5 of Article 4 of this Federal Law no less than twenty days before the deadline for filing applications for participation in the competition or auction. The winner of the auction in the competition is the person who offered best conditions execution of the contract in accordance with the criteria and procedure for evaluating and comparing applications that are established in the tender documentation on the basis of the procurement regulations, at the auction - the person who offered the lowest contract price or, if during the auction the contract price is reduced to zero and the auction is held on the right conclude an agreement, the highest price of the agreement.

3. The procurement regulations may provide for other (in addition to competition or auction) methods of procurement. In this case, the customer is obliged to establish in the procurement regulations the procurement procedure using the specified methods.

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

5. A procurement participant can be any legal entity or several legal entities acting on the side of one procurement participant, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individual or several individuals acting on the side of one procurement participant, including an individual entrepreneur or several individual entrepreneurs acting on the side of one procurement participant who meet the requirements established by the customer in accordance with the procurement regulations.

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

7. When purchasing, the customer has the right to establish a requirement that there is no information about procurement participants 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 of July 21, 2005 N 94-FZ "On the placement of orders for the supply of goods, performance of work, provision of services for state and municipal needs."

8. The Government of the Russian Federation has the right to establish the priority of goods of Russian origin, work, services performed and provided by Russian persons in relation to goods originating from a foreign state, work, services performed and provided by foreign persons, taking into account the customs legislation of the Customs Union and international contracts of the Russian Federation, as well as the peculiarities of participation in the procurement of small and medium-sized businesses.

9. The procurement participant has the right to appeal in court the actions (inaction) of the customer during the procurement of goods, works, and services.

10. A procurement participant has the right to appeal to the antimonopoly authority in the manner established by the antimonopoly authority, the actions (inaction) of the customer during the procurement of goods, works, services in the following cases:

1) failure to post on the official website on the information and telecommunications network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services (www.zakupki.gov.ru) (hereinafter referred to as the official website) procurement regulations, changes, information on procurement included in the said provision, subject to posting on such an official website in accordance with this Federal Law, or violation of the deadlines for such posting;

2) presenting a requirement to procurement participants to submit documents not provided for in the procurement documentation;

3) procurement of goods, works, services by customers in the absence of a procurement regulation approved and posted on the official website and without application of the provisions of the Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

Article 4. Information support for procurement

1. The procurement regulations and changes made to the said regulations are subject to mandatory posting on the official website no later than fifteen days from the date of approval.

2. The customer places on the official website a plan for the purchase of goods, works, and services for a period of at least one year. The procedure for forming a plan for the procurement of goods, works, services, the procedure and timing for posting such a plan on the official website, and the requirements for the form of such a plan are established by the Government of the Russian Federation.

3. Plan for the purchase of innovative products, high-tech products, medicines placed by the customer on the official website for a period of five to seven years.

4. The criteria for classifying goods, works, and services as innovative products and (or) high-tech products for the purpose of forming a procurement plan for such products are established by federal executive authorities exercising regulatory functions in the established field of activity.

5. When purchasing, procurement information is posted on the official website, including a procurement notice, procurement documentation, a draft contract, which is an integral part of the procurement notice and procurement documentation, changes made to such notice and such documentation, explanations of such documentation , protocols drawn up during the procurement, as well as other information, the posting of which on the official website is provided for by this Federal Law and the procurement regulations, except for the cases provided for in parts 15 and 16 of this article. If, during the conclusion and execution of a contract, the volume, price of purchased goods, works, services or terms of execution of the contract change compared to those specified in the protocol drawn up based on the results of the procurement, no later than ten days from the date of amendments to the contract on the official The website contains information about changes to the contract indicating the changed conditions.

6. The procurement regulations may provide for other additional information to be posted on the official website.

7. The customer additionally has the right to post the information specified in this article on the customer’s website on the Internet information and telecommunications network.

8. A notice of procurement, including a notice of an open tender or open auction, is an integral part of the procurement documentation. The information contained in the procurement notice must correspond to the information contained in the procurement documentation.

9. The procurement notice must include, inter alia, the following information:

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

2) name, location, postal address, address email, customer contact phone number;

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

4) place of delivery of goods, performance of work, provision of services;

6) the period, place and procedure for providing procurement documentation, the amount, procedure and timing of payment of the fee charged by the customer for the provision of documentation, if such a fee is established by the customer, except for cases of provision of documentation in the form of an electronic document;

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

10. The procurement documentation must contain information specified by the procurement regulations, including:

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

2) requirements for the content, form, design and composition of the application for participation in the procurement;

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

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

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

6) form, terms and procedure for payment for goods, work, services;

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

8) the procedure, place, start date and end date of the deadline for filing applications for participation in the procurement;

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

10) forms, procedure, start date and end date of the period for providing procurement participants with explanations of the provisions of the procurement documentation;

11) place and date of consideration of proposals of procurement participants and summing up the results of the procurement;

12) criteria for evaluating and comparing applications for participation in procurement;

13) the procedure for evaluating and comparing applications for participation in procurement.

11. Changes made to the procurement notice, procurement documentation, explanations of the provisions of such documentation are posted by the customer on the official website no later than within three days from the date of the decision to make these changes and provide these explanations. If the procurement is carried out through tendering and changes to the procurement notice, procurement documentation are entered by the customer later than fifteen days before the deadline for filing applications for participation in the procurement, the deadline for filing applications for participation in such procurement must be extended so that from the date of posting on the official website of changes made to the procurement notice, procurement documentation until the deadline for submitting applications for participation in the procurement, this period was no less than fifteen days.

12. Protocols drawn up during the procurement are posted by the customer on the official website no later than three days from the date of signing such protocols.

13. If, when maintaining the official website by the federal executive body authorized to maintain the official website, technical or other problems occur that block access to the official website for more than one business day, information to be posted on the official website in accordance with this Federal law and procurement regulations, is posted by the customer on the customer’s website with its subsequent posting on the official website within one business day from the date of elimination of technical or other problems blocking access to the official website, and is considered posted in the prescribed manner.

14. Procurement information, procurement regulations, and procurement plans posted on the official website and on the customer’s website in accordance with this Federal Law and procurement regulations must be available for review without charging a fee.

15. Procurement information that constitutes a state secret is not subject to posting on the official website, provided that such information is contained in the procurement notice, procurement documentation or draft contract, as well as procurement information on which a decision was made by the Government of the Russian Federation in in accordance with part 16 of this article. The customer has the right not to post on the official website information about the purchase of goods, works, services, the cost of which does not exceed one hundred thousand rubles. If the customer’s annual revenue for the reporting financial year is more than five billion rubles, the customer has the right not to post on the official website information about the purchase of goods, works, services, the cost of which does not exceed five hundred thousand rubles.

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

1) a specific purchase, information about which does not constitute a state secret, but is not subject to posting on the official website;

2) lists and (or) groups of goods, works, services, information about the procurement of which does not constitute a state secret, but is not subject to posting on the official website.

17. The procedure for the preparation and adoption of acts of the Government of the Russian Federation in accordance with Part 16 of this article is established by the Government of the Russian Federation.

18. Customers post procurement information on the official website without charging a fee. The procedure for posting procurement information on the official website is established by the Government of the Russian Federation. The procedure for registering customers on the official website is established by the federal executive body authorized by the Government of the Russian Federation to maintain the official website.

19. The customer, no later than the 10th day of the month following the reporting month, posts on the official website:

1) information on the quantity and total cost of contracts concluded by the customer based on the results of the purchase of goods, works, and services;

2) information on the quantity and total cost of contracts concluded by the customer as a result of procurement from a single supplier (performer, contractor);

3) information on the quantity and total cost of contracts concluded by the customer based on the results of the procurement, information about which constitutes a state secret or in respect of which decisions of the Government of the Russian Federation have been made in accordance with Part 16 of this article.

Article 5. Register of unscrupulous suppliers

1. The register of unscrupulous suppliers is maintained by the federal executive body authorized by the Government of the Russian Federation on the official website.

2. The register of unscrupulous suppliers includes information about procurement participants who evaded concluding contracts, as well as about suppliers (performers, contractors) with whom contracts were terminated by a court decision due to their significant violation of contracts.

3. List of information included in the register of dishonest suppliers, the procedure for customers to send information about dishonest procurement participants, suppliers (performers, contractors) to the federal executive body authorized to maintain the register of dishonest suppliers, the procedure for maintaining the register of dishonest suppliers, requirements for technological, software , linguistic, legal and organizational means of ensuring the maintenance of a register of unscrupulous suppliers are established by the Government of the Russian Federation.

4. Information contained in the register of unscrupulous suppliers must be available for review on the official website without charging a fee.

5. Information contained in the register of unscrupulous suppliers shall be excluded from this register after two years from the date of their entry into the register of unscrupulous suppliers.

6. The inclusion of information about a procurement participant who has evaded concluding a contract, about a supplier (performer, contractor), with whom the contract was terminated due to a significant violation of the contract by him, in the register of unscrupulous suppliers, or the content of such information in the register of unscrupulous suppliers can be appealed by an interested party in court.

Article 6. Monitoring compliance with the requirements of this Federal Law

Monitoring compliance with the requirements of this Federal Law is carried out in the manner established by the legislation of the Russian Federation.

Article 7. Liability for violation of the requirements of this Federal Law and other regulatory legal acts of the Russian Federation adopted in accordance with it

For violation of the requirements of this Federal Law and other regulatory legal acts of the Russian Federation adopted in accordance with it, the perpetrators are liable in accordance with the legislation of the Russian Federation.

Article 8. The procedure for the entry into force of this Federal Law

1. This Federal Law comes into force on January 1, 2012, with the exception of Part 3 of Article 4 of this Federal Law.

3. Until July 1, 2012, unless another period is provided for by a decision of the Government of the Russian Federation, the procurement regulations, changes made to such regulations, procurement plans, other information about the procurement, subject in accordance with this Federal Law and the procurement regulations to be posted on official website, are posted on the customer’s website. After July 1, 2012, unless another period is provided for by a decision of the Government of the Russian Federation, the procurement regulations, changes made to such regulations, procurement plans, other procurement information subject to posting on the official website in accordance with this Federal Law and the procurement regulations , are posted on the official website.

4. If, within three months from the date of entry into force of this Federal Law, the customer (with the exception of customers specified in parts 5 - 8 of this article) has not placed, in the manner established by this Federal Law, the approved procurement regulations, the customer, upon procurement is guided by the provisions of the Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” until the day of placement of the approved procurement regulations.

5. A customer created after the date of entry into force of this Federal Law shall approve the procurement regulations within three months from the date of its registration in the Unified State Register of Legal Entities. If, within the specified period, such a customer does not place an approved procurement regulation in accordance with the requirements of this Federal Law, the customer, when purchasing, is guided by the provisions of the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work , provision of services for state and municipal needs" until the day of placement in accordance with the requirements of this Federal Law of the approved procurement regulations.

6. In the event of a change in the total share of participation of the Russian Federation, a constituent entity of the Russian Federation, a municipal entity in the authorized capital of business companies, the total share of participation of legal entities specified in paragraph 1 of part 2 of Article 1 of this Federal Law in the authorized capital of subsidiaries of business companies, the total share of these subsidiaries business companies in the authorized capital of their subsidiary business companies, as a result of which the provisions of this Federal Law apply to relations arising in connection with the purchase of goods, works, services by the customer, the customer within three months from the date of receipt of notification of a change in the aggregate share in accordance with Part 3 of Article 1 of this Federal Law places the approved procurement regulations in accordance with the requirements of this Federal Law. If such a customer does not place an approved procurement regulation within this period, the customer, when purchasing, is guided by the provisions of the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" until the day of placement in accordance with the requirements of this Federal Law of the approved procurement regulations.

7. Organizations carrying out activities related to the scope of activities of natural monopolies, and (or) regulated activities in the field of electricity supply, gas supply, heat supply, water supply, water disposal and wastewater treatment, recycling (disposal) of solid household waste, if the total revenue from these types of activities is no more than ten percent of the total revenue for 2011 from all types of activities carried out by such organizations, as well as subsidiaries of business companies, more than fifty percent of the authorized capital of which collectively belongs to state corporations, state companies, natural entities monopolies, organizations carrying out regulated activities in the field of electricity supply, gas supply, heat supply, water supply, sewerage, wastewater treatment, disposal (disposal) of solid household waste, government unitary enterprises, state autonomous institutions, business companies in the authorized capital of which the share of participation of the Russian Federation, a constituent entity of the Russian Federation exceeds fifty percent, subsidiary business companies of these subsidiary business companies, in the authorized capital of which the share of these subsidiary business companies in the aggregate exceeds fifty percent, apply the provisions of this Federal law from January 1, 2013.

8. Municipal unitary enterprises, autonomous institutions created by municipal entities, business societies in the authorized capital of which the share of participation of the municipal entity in the aggregate exceeds fifty percent, subsidiary business companies in which more than fifty percent of the authorized capital in the aggregate belongs to municipal unitary enterprises, business societies, in the authorized capital of which the share of participation of the municipal entity in the aggregate exceeds fifty percent, the subsidiary business companies of the specified subsidiary business companies, in the authorized capital of which the share of participation of the specified subsidiary business companies in the aggregate exceeds fifty percent, apply the provisions of this Federal Law from January 1, 2014, if an earlier date is not provided for by the representative body of the municipality.

9. From January 1, 2013 to January 1, 2015, purchase plans for innovative products, high-tech products, and medicines are posted by customers on the official website for a three-year period.

President of the Russian Federation

The heads of many budgetary organizations would prefer to make purchases under 223-FZ rather than comply with the numerous requirements of 44-FZ. To work under 223-FZ, a number of conditions must be met. Let’s take a closer look at what conditions must be met in order to be able to make purchases under a “softer” law.

Who can work under 223-FZ?

Among other lists of organizations that can be purchased in accordance with 223-FZ, the law identifies budgetary and autonomous institutions.

What funds can be spent on purchases?

According to 223-FZ, budgetary institutions can spend on the purchase of goods, services or works only cash, obtained from a specific type of source:

1. Grants that are provided free of charge:

  • individuals and legal entities (including foreign);
  • international organizations;
  • from the budget (on a competitive basis).

2. Funds received from business activities within the framework of statutory purposes (for example, funds from the provision of paid educational services).

In addition, it is possible to work under this law in the case when a budgetary institution, as a contractor under a contract, attracts other persons to fulfill its duties under the contract.

Autonomous institutions may spend budget subsidies under 223-FZ, with the exception of funds allocated for capital investments in capital construction projects owned by the state or municipality, as well as for the purchase of real estate owned by the state or municipality. In this case, it is necessary to work according to 44-FZ.

What documents are needed?

The main condition for working under 223-FZ for budgetary institutions is the presence of an approved Procurement Regulations. The standard regulations were developed and approved by the Ministry of Education and Science on January 17, 2014. This provision regulates the procurement activities of institutions and must contain:

  • the procedure for preparing and conducting procurement procedures;
  • procedure for concluding and executing a contract;
  • other provisions related to procurement.

This document must be approved by the budgetary institution by its founder, and in autonomous institution- supervisory board. The procurement regulations must be posted in the Unified Information System, but until it is operational, such a document must be posted on the government procurement website: http://www.zakupki.gov.ru/223.

In order to start working under 223-FZ, budgetary institutions had to post an approved procurement regulation before 04/01/2014. Those institutions that did not manage to do this will be forced to spend all funds by the end of 2014, taking into account the requirements of 44-FZ. Please note that the provision must be posted on the website within 15 days from the date of approval.

In addition, it is necessary to issue procurement plan, which should also be posted on the government procurement website. The form of such a plan was approved by the Government of the Russian Federation in Resolution No. 932 dated September 17, 2012.

To work under 223-FZ you will need:

  • get enhanced electronic signature;
  • register a personal account on the government procurement website: http://www.zakupki.gov.ru/223;
  • post the procurement regulations and procurement plan on the website;
  • place orders according to the rules established in the approved procurement regulations.

More details on the steps that must be taken to register on the site can be found in the roadmap posted on the government procurement website.

How to automate work under 223-FZ?

To do this, it is convenient to use the free version of the Economy Expert program. You can download the program