Auction list of goods. Auction list. Exceptions to the rules

Trades held on electronic platform, is the most popular way of identifying a supplier within the framework of relationships in the contract system. In 2016, out of 3 million orders, 58% came from electronic auction With total price placed lots amounted to just over 3.8 trillion rubles. Let's consider in what cases the customer is obliged and has the right to conduct electronic trading, what order approved the current auction list and what goods, works, services are included in it.

Normative base

Part 2 art. 48 44-FZ establishes the priority of holding an open tender in comparison with other methods of determining a supplier. In all cases, the customer makes purchases through an open tender, with the exception of cases provided, inter alia, by Art. 59, revealing the content of the electronic auction (EA) procedure.

Obligation to conduct procurement certain goods and only EA work is established by Part 2 of Art. 59. List approved By Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r, and can also be additionally established by the subject of the Russian Federation.

In addition to the cases specified in the Order, Part 3 of Art. 59 of the Law contains provisions on the customer’s right to carry out an order electronically and if the required item is not on the list.

List of purchases by auction method according to 44-FZ

The obligation to conduct an electronic procedure is established, inter alia, for the following objects:

• agricultural goods and services;
• mining products;
• food and beverages;
• cloth;
• paper;
• medicines;
• computer equipment;
• construction works and etc.

The list established by the Government is quite extensive and includes more than 50 OKPD2 classes. A complete list of auction goods under 44-FZ is presented in the above-mentioned Government order.

Exceptions to the rules

The customer has the right not to conduct an EA even if the subject of the order is in the above list in the following cases.

1. If possible, conduct a two-stage or limited participation competition.
   For example: food products (OKPD2-10) are included in the list, however, according to paragraph 6 of Appendix No. 2 to Resolution dated 02/04/2015 No. 99, it is possible to hold a competition with limited participation upon delivery food products, purchased for educational and other organizations, with NMCC more than 500,000 rubles.
2. When purchasing food products, drinks purchased for institutions engaged in educational process and children's recreation, medical organizations, institutions social services, children's recreation organizations.
3. When purchasing children's clothing.
4. When carrying out construction, reconstruction, overhaul of particularly dangerous, technically complex and unique objects, as well as artificial road structures included in highways federal, regional or intermunicipal, local significance.
   Although construction works (OKPD2-43) are included in the list, the customer has the right to hold an open or limited participation competition, depending on the size of the NMCC for these specialized works.
5. When providing food services and servicing ritual events (weddings, banquets on the occasion of the birth of a child, anniversary).
6. When purchasing souvenir and gift ballots for voting in elections and referendums.
7. When purchasing services for the exchange of residential real estate.

Special conditions

The customer has the right to purchase objects included in the auction list in other ways in the following cases:

• for NMTsK not exceeding 500,000 rubles - request for quotation (either in accordance with Articles 75, 76, regardless of the size of NMTsK on the territory of a foreign state or for the provision of medical care);
• when ordering from sole supplier, according to Art. 93. For example, with NMCC not exceeding 100,000 rubles;
• when conducting a request for proposals, in accordance with Art. 83. For example, when a repeated EA is declared invalid.

To a greater extent, the auction list is a restriction for the open tender procedure, and not a condition for holding an auction.

Responsibility for choosing the procurement method

Art. 7.29 Code of Administrative Offenses establishes liability for incorrect decision-making in choosing a method for identifying a supplier in the form of an administrative fine of up to 50,000 rubles.

The most numerous part of the auction list under 44-FZ is the list of goods for which government procurement requires a mandatory electronic auction. These include:

Raw materials. A fairly large group of goods, including oil and petroleum products, natural gas and coal and coke oven products, a variety of chemical substances and products, metals in finished and ore form, products of other mining enterprises, as well as wood, lumber and other products of forestry and logging industries.

Food. This category of goods included in the auction list covers a variety of food and beverage products, fish and products from fishing and aquaculture farms, as well as related processing industries, natural and purified water, as well as the supply of ice, cold air and chilled water.

Cloth. Includes textiles and textile products, clothing and footwear, leather and leather products.

Equipment. This section of the list includes different kinds equipment, including computer, optical and electronic, as well as specialized medical equipment. Industrial and procurement equipment is included in a separate group.

Other. A fairly diverse category of goods, which includes products from agricultural and hunting farms, the paper industry and products made from paper, cardboard and other similar materials, various medicinal and medical supplies, materials and tools.

The presence of an auction list greatly simplifies the competent application of 44-FZ in practice. This is due to the fact that any customer or supplier, using this document, can quickly determine whether an electronic auction is a mandatory procedure when conducting public procurement of a particular product.

The auction list under 44 Federal Laws is approved by orders of the Government of the Russian Federation and is periodically updated. Its full name is a list of goods, works, services, in the case of procurement of which the customer is obliged to hold an auction in electronic form(electronic auction).

The two previous editions of the list are no longer valid. These are Government Orders No. 2019-r dated October 31, 2013 and No. 740-r dated April 25, 2015.

Auction list 2017 approved by Government Order No. 471-r dated March 21, 2016 and has already been amended twice in 2016. The auction list under 44 Federal Laws of 2016 dated August 10, approved by Order No. 1682-r, is valid in 2017.

What is included in the auction list under 44 Federal Laws

The list includes groups of goods, works and services indicating the type of activity All-Russian classifier. You can download the original document and find out whether your type of activity is included in the auction list under 44 Federal Laws.

We have prepared a more understandable and simplified structure of the auction list under 44 Federal Laws for easier searching as reference information.

Bidding held on an electronic platform is the most popular way to determine a supplier within the framework of relationships in the contract system. In 2016, out of 3 million orders, 58% came from an electronic auction with a total price of placed lots of just over 3.8 trillion rubles. Let's consider in what cases the customer is obliged and has the right to conduct electronic auctions, by what order the current auction list was approved and what goods, works, and services are included in it.

Normative base

Part 2 art. 48 44-FZ establishes the priority of holding an open tender in comparison with other methods of determining a supplier. In all cases, the customer makes purchases through an open tender, with the exception of cases provided, inter alia, by Art. 59, revealing the content of the electronic auction (EA) procedure.

The obligation to purchase certain goods and works only by EA is established by Part 2 of Art. 59. The list was approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r, and can also be additionally established by a subject of the Russian Federation.

In addition to the cases specified in the Order, Part 3 of Art. 59 of the Law contains provisions on the customer’s right to place an order electronically even if the required item is not on the list.

List of purchases by auction method according to 44-FZ

The obligation to conduct an electronic procedure is established, inter alia, for the following objects:

• agricultural goods and services;
• mining products;
• food and beverages;
• cloth;
• paper;
• medicines;
• computer equipment;
• construction work, etc.

The list established by the Government is quite extensive and includes more than 50 OKPD2 classes. A complete list of auction goods under 44-FZ is presented in the above-mentioned Government order.

Exceptions to the rules

The customer has the right not to conduct an EA even if the subject of the order is in the above list in the following cases.

1. If possible, conduct a two-stage or limited participation competition.

For example: food products (OKPD2-10) are included in the list, however, according to paragraph 6 of Appendix No. 2 to Resolution No. 99 dated 02/04/2015, it is possible to hold a competition with limited participation in the supply of food products purchased for educational and other organizations, with NMCC more than 500,000 rubles.

2. When purchasing food products and drinks purchased for institutions providing educational process and recreation for children, medical organizations, social service institutions, children’s recreation organizations.

3. When purchasing children's clothing.

4. When carrying out work on the construction, reconstruction, overhaul of particularly dangerous, technically complex and unique objects, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance. Although construction works (OKPD2-43) are included in the list, the customer has the right to hold an open or limited participation competition, depending on the size of the NMCC for these specialized works.

5. When providing services for providing food and servicing ritual events (weddings, banquets on the occasion of the birth of a child, anniversary).

6. When purchasing souvenir and gift ballots for voting in elections and referendums.

7. When purchasing services for the exchange of residential real estate.

Special conditions

The customer has the right to purchase objects included in the auction list in other ways in the following cases:

• for an NMCC not exceeding 500,000 rubles - a request for quotation (or in accordance with Articles 75, 76, regardless of the size of the NMCC on the territory of a foreign state or for the provision of medical care);
• when ordering from a single supplier, according to Art. 93. For example, with NMCC not exceeding 100,000 rubles;
• when conducting a request for proposals, in accordance with Art. 83. For example, when a repeated EA is declared invalid.

To a greater extent, the auction list is a restriction for the open tender procedure, and not a condition for holding an auction.

Responsibility for choosing the procurement method

Art. 7.29 of the Code of Administrative Offenses establishes liability for making an incorrect decision in choosing the method for determining the supplier in the form of imposing an administrative fine in the amount of up to 50,000 rubles.

The customer is obliged to hold an auction when purchasing goods, works or services from the list, which the Government approved by Order No. 471-r dated March 21, 2016. Make a mistake with the choice of procurement method, employee contract service or the contract manager will be fined up to 50,000 rubles.

What is an auction list under 44-FZ

The list includes 63 items. These are goods, works and services that need to be purchased only through an electronic auction. This obligation is established in Art. 59 of Law No. 44-FZ. It was approved by order of the Government of the Russian Federation dated March 21, 2016 No. 471-r. It is updated periodically. Last changes were introduced in February 2018.

The list of goods, works and services for the procurement of which customers must conduct an electronic auction has changed three times. The latest amendments were made by order of the Government of the Russian Federation dated February 12, 2018 No. 213-r. These cannot be called significant innovations. The text of item 49 in the list has been corrected - “land and pipeline transport».

Which GWS are included in the auction list under 44-FZ

The list of resources included coal (05), crude oil and gas (06), metal ores (07), and mining products (08). The list also includes services in the field of mining (09). As for clothing (code 14), the list does not include children's clothing.

Also included in the list are tobacco products(12), textiles (13), paper and products made from it (17), medicinal products and materials used in medical purposes (21), electrical equipment (27).

Catalog versus customer: how to plan purchases if KTRU is constantly being supplemented

To timely correct planning documents for new items in the GWS catalogue, use the ones we have verified quick ways catalog search and algorithm for updating planned purchases. After all, dozens of new items appear in the TRU catalog every day, and in December alone there were two thousand of them. If you do not take into account the catalog update in your plan in time, purchases will stop until you correct the error.

The list of works and services includes, in particular:

• machine repair, installation (33);
• water treatment and supply (36);
• waste collection, treatment and disposal, waste disposal (38);
• specialized construction work (code 43, except code 43.13), etc.

Please note that the list excludes goods, works and services that the customer has the right to purchase through a tender with limited participation and a two-stage tender.

Auction list under 223-FZ in 2019

Technically, the list under 223-FZ cannot be called an auction list. Customers must purchase items from it electronically, but not necessarily by auction.

They are included in the list established by Decree of the Government of the Russian Federation dated June 21, 2012 No. 616. The list is quite extensive. Here are a few points:

• wooden container (16.24.1);
• pulp, paper and board (17.1);
• services for copying sound and video recordings, as well as software (18.20);
• surgical rubber gloves (22.19.60.111);
• glass stationery supplies (23.13.13.130);
• computer, electronic and optical equipment (26, except codes 26.20.14.000, 26.70.11, 26.70.2);
• lifting machines for mechanization of warehouses, not included in other groups (28.22.18.260);
• other equipment and installations for filtering or purifying air (28.25.14.119);
• other weighing and dosing equipment (28.29.39.000);
• passenger cars (29.10.2);
• buses (29.10.30.110);
• furniture for offices and trade enterprises (31.01.1);
• wholesale and retail trade services and repair services for motor vehicles and motorcycles (45);
• services for technical inspection of vehicles (71.20.14.000);
• cleaning and cleaning services (81.2), etc.

Please note the cases in which customers are not required to purchase goods, works and services listed in the regulatory legal acts in electronic form:

• procurement information should not be placed in the Unified Information System;
• the need for procurement is related to an emergency, the need for urgent medical intervention;
• procurement is carried out from a single supplier.

Auction list according to 44-FZ 2019

1 In addition to goods, works, services, the purchase of which the customer has the right to conduct through a tender with limited participation and a two-stage tender under Part 2 of Article 56 and Clause 1 of Part 2 of Article 57 of Law No. 44-FZ.

2 In addition to food products purchased for:

• preschool educational institutions;
• general educational institutions;
• educational institutions of primary vocational education;
• educational institutions of secondary vocational and higher vocational education;
• special (correctional) educational institutions for students, pupils with disabilities health;
• institutions for orphans and children without parental care;
• special closed educational institutions for children and adolescents with socially dangerous behavior;
• atypical educational institutions of the highest category for children, adolescents and young people who have demonstrated outstanding abilities;
• educational institutions additional education children and other organizations;
• medical organizations, social service institutions, organizations for children's recreation and their health improvement that carry out the educational process for children.

3 In addition to children's clothing.

4 With the exception of construction, reconstruction, and major repairs:

• especially dangerous, technically complex and unique capital construction projects;
• artificial road structures as part of highways of federal, regional or intermunicipal, local significance.

5 In addition to services for providing food and servicing ritual events - weddings, banquets on the occasion of the birth of a child, anniversary, etc.

6 With the exception of souvenir and gift sets - notepads and notebooks, ballots for voting in elections and referendums.

7 With the exception of services for the exchange of residential real estate.

Attached files

• Auction list 2019.docx

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