Federal Law No. 44 FZ. Procurement methods

Federal Law No. 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” was adopted in mid-2013, namely on April 5. Despite this, it came into full force only on January 1, 2014, when replaced Federal Law No. 94.

Advantages of 44-FZ

Ensuring competition in the field public procurement and municipal orders, which means a real fight against corruption;

transparent rules for conducting tenders, the same for all participants;

creation of a unified information system for customers and tender participants, which unites procurement of all government trading platforms;

the inability to limit the number of participants in placing an order by creating an artificial lack of information;

arbitrary determination of the winner of the auction is excluded: the law obliges the customer to establish and publish in advance the criteria for evaluating applications and proposals of participants;

an exhaustive list of requirements for a procurement participant is specified in the law, which means that the customer cannot limit participation in the tender by imposing additional requirements.

Control in 44-FZ

planning procurement of any kind, the subject of which may be goods, services, etc.;

procedure for determining the executor of the order (supplier or contractor);

conclusion of contracts based on procurement results;

control of compliance with the terms of concluded contracts, monitoring and audit;

control over compliance with all regulations on the contract system in the field of procurement.

In other words, 44-FZ controls and regulates all relations related to the provision of state and municipal needs.

If the customer’s actions contradict the requirements established in 44 Federal Law, then the supplier has the right to file a complaint with the FAS to protect its interests and conduct procurement in accordance with the law.

The advantage of tenders held in accordance with the law on the contract system is that the actions of the customer and supplier are strictly regulated by law and therefore none of them can act outside the framework of 44-FZ. At the same time, any organization can become a participant in government procurement, because GWS purchased for the needs of municipal and government agencies, are very diverse and cover wide range industries.

Amendments to 44-FZ

A number of important innovations will come into force in 2018. We talked about them in detail in this article.

Briefly, the largest changes can be reflected in the following points:

• government procurement is transferred to electronic form;
• mandatory use of only a qualified electronic signature in government tenders;
• the need for registration in the Unified Information System;
• the ability to provide security for the application with a bank guarantee;
• the conditions and amount of security for the application for participation will change;
• depositing the application security into a special bank account, instead of an account on the electronic trading platform;
• introduction standard form applications and documentation;
• paid participation in procurement

Download 44-FZ on procurement with the latest changes 2018

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Government customers make 15% of all purchases from non-profit socially oriented organizations.

What does 44-FZ regulate?

• Planning, monitoring and audit of procurement.
• Selection of suppliers.
• Conclusion of contracts and their execution.
• Procurement control.

What is not regulated by 44-FZ?

• Procurement of services from international financial organizations.
• Procurement of services for state protection of judges, officials, court participants and other people.
• Procurement precious metals and precious stones to replenish the State Fund.
• Procurement related to the support of facilities and information systems for the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
• Procurement free help lawyer or defense in court.
• Procurement of election commissions for elections and referendums.
• Payment for participation in procurement.

Who adopts legal acts under 44-FZ?

• The president Russian Federation;
• Government of the Russian Federation;
• Federal executive authorities;
• Rosatom;
• Roscosmos;
• State authorities of the constituent entities of the Russian Federation and local governments.

44-FZ is based on the provisions of the Constitution, Civil and Budget Codes of the Russian Federation

Principles of the contract system

Important Definitions

State customer is an organization that needs goods and services and pays for the purchase. For example, hospitals, schools, universities, scientific institutes,

Provider- legal or individual, including individual entrepreneurs who participate in the procurement and supply goods and services.

Zakupki.gov.ru— website of the unified information system (UIS), where customers publish purchases and reports. The EIS contains registers of all concluded contracts, unscrupulous suppliers, complaints against customers and other important information.

Initial contract price (IMC)— the cost of delivery of goods, which is set by the customer. The NMC must be justified. Suppliers cannot offer a price higher than the NMC.

Electronic marketplace— a website on which customers place purchases, suppliers submit applications for participation in purchases, and electronic auctions are held.

Specialized electronic platform— a website with access via secure communication channels, where closed purchases are carried out.

Application for participation- these are documents and information that the supplier submits in written or electronic form to participate in the procurement.

Unified Information System (UIS)

Currently contains

• Information about purchases, the ability to search for them,
• Contract templates,
• Standardization rules
• Information on market prices for goods,
• Procurement plans, schedules,
• Reporting on completed contracts,
• Register of unscrupulous suppliers.
• Unified registration and register of procurement participants.
• Unified catalog of goods, works and services.
• Publication of procurement under RF PP No. 615 (major repairs).

Coming in 2020

• A system for recording the actions of procurement participants in the Unified Information System and on 8 federal ETPs.

Access to information on the EIS is free. If information about the same purchase, customer, contract, etc. on the UIS and in another source is different, then priority goes to the information on the UIS.

EDI organization

Suppliers can submit applications for participation in procurement via electronic trading platforms. In cases determined by the government, electronic document management may also pass through the EIS. All documents are signed electronically:

• Customers receive electronic signature free from the federal treasury. They work with it in the EIS and on the ETP.
• Suppliers require a signature to participate in e-procurement. Since July 1, 2018, the system has been used in government procurement qualified signatures. Suppliers can obtain a signature from an accredited certification authority.

National regime

The national regime was introduced to give advantages to suppliers Russian goods and goods from other Eurasian Economic Community member countries. Read more about him here.

Procurement methods

Depending on the source of income, government customers can make purchases under both 44-FZ and 223-FZ. According to 44-FZ, if an organization spends budget money. According to 223-FZ, if it spends its own and it has a procurement provision.

Planning

* From October 1, 2019, customers will plan purchases only according to 3-year schedules; purchase plans will be cancelled. Until the end of 2019, it is still necessary to draw up a procurement plan and schedule.

During an inspection or upon a complaint from a supplier, the FAS may recognize the purchase as unfounded. Then it is adjusted or cancelled. The perpetrators are brought to administrative responsibility.

All government purchases are regulated. The quantity, price, characteristics of goods and services are established by the federal and local legislation of the Russian Federation.

Action anti-crisis measures extended for 2016 - , Procurement Law. In March, in pursuance of these norms, the relevant resolutions of the Government of the Russian Federation were adopted.

Changes have been made to the list of documents that an application for participation in an open competition must contain (). In particular, payment order, confirming the transfer Money as security for an application for participation in an open tender, no longer must necessarily contain a bank mark, and a copy of the order does not have to be certified by the bank. If a bidder provides security by providing a bank guarantee, it must comply with the requirements.

Changes that came into force on January 10, 2016

The list of goods, works, and services that can be purchased from sole supplier(contractor, performer) - . These are goods, works, services that are carried out at the expense of funds allocated for operational investigative activities (). The specific list is approved by the relevant federal body executive power.

Related changes have been made to clause 30, part 1, art. 93 of the Procurement Law.

the federal law No. 44 was issued to regulate contractual relations in the field of public procurement of goods, works, and services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, and 5 days later it was approved by the Federation Council. The effective date of the law is April 5, 2013.

1. (Vv. 1-15) Described general provisions of this law, i.e. in what area it is applied, basic concepts, principles of concluding contracts, etc.;
2. (Art. 16-23) Rules for planning public procurement are described here;
3. (Art. 24-96) Describes the rules by which government procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
5. (Art. 99-104) This chapter was frequently amended because it is one of the important components of Federal Law 44 for dummies; the articles in this chapter regulate control in the field of public procurement;
6. (Art. 105-107) This part legislative act contains information on dispute resolution;
7. (Art. 108-111) Each article in this chapter is devoted to the peculiarities of concluding and executing a contract when certain types government procurement;
8. (Art.-112-114) The last chapter contains final information of Federal Law 44 for dummies.

State authorities made changes to the above chapters on June 7, 2017. Federal Law 44 came into force for dummies on June 18, 2017.

Basic moments

To participate in government procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

• meet the criteria specified in Russian legislation so that persons have the right to supply goods (services);
• the supplier's company is not at the stage of bankruptcy or liquidation;
• the activities of the supplier’s company are not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
• the supplier’s organization has no debt obligations for taxes and fees;
• the person acting as a potential supplier should not have a criminal record in the field of economic crimes;
• according to 44 Federal Law for Dummies, there is no conflict of interest when concluding a contract;
• The supplier's company does not belong to offshore organizations.

Conditions for public procurement:

• All transactions for the purchase of goods (services) are concluded through a specially designed website;
• Customers indicate their data in the system (data is indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
• All potential suppliers have the right to find orders that are suitable for them in the search engine on the government procurement website, then take part in the auction;
• According to 44 Federal Laws for Dummies, when the customer chooses the most profitable option for himself, he enters into a contract with the supplier. Based on the contract, the parties fulfill their obligations.

Difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a limitation for dummies - government procurement is carried out only from one supplier.

The requirements for customers in both laws are different.

According to Federal Law 44 for dummies, the following can act as customers:

• state budgetary institutions;
• municipal.

According to Federal Law 223 for dummies, the following have the right to act as customers:

• enterprises where the state share is more than 50%;
• organizations engaged in certain types of activities - water supply, energy, etc.;
• monopolistic organizations - gas, Russian Railways, etc.;
• budgetary organizations that carry out public procurement using extra-budgetary funds (for example, through grants).

Procurement under 44 Federal Laws: where to start?

It is difficult to begin the procedure for participation in public procurement. All the most important things you need to know from Federal Law 44 on government procurement:

• study Federal Law 44 for dummies;
• prepare a package of documents confirming the organization’s rights to participate in the auction;
• prepare a package of documents for the product (service) that meets the customer’s requirements;
• develop a system of activities that are carried out before the conclusion of a contract;
• appoint responsible persons for carrying out events.

To conclude a contract, it is necessary to take into account the deadlines established by Federal Law 44.

Download the text of the law

According to Federal Law 44 for dummies, government procurement is divided into:

• competitions;
• auctions (electronic ordering);
• quotes;
• government procurement from a single supplier.

To become a supplier, you need to study Federal Law 44 for dummies. You can download the Federal Law “On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs” at .

Document overview

The Law on the contract system in the field of procurement of goods, works, services to meet state and municipal needs is intended to replace the Law on the placement of state (municipal) orders.

The goal of the contract system is to introduce a single transparent cycle of formation, placement of government orders and execution of government contracts.

Special attention is paid to planning purchases and assessing their validity. Customers are required to draw up procurement plans (for the duration of the relevant budget act) and annual procurement plans and schedules. Rationing is being introduced - establishing requirements for purchased goods, works, services, including their maximum price. This should exclude the unreasonable purchase of luxury goods and luxury goods (services). Mandatory public discussion of purchases worth more than 1 billion rubles is provided.

The law establishes the following methods for placing orders. In addition to electronic and closed auctions, different kinds competitions, as well as request for quotations (offers) and purchases from a single supplier. The opportunity to enter into a contract with sole supplier, if competitive ordering procedures have not taken place (but subject to certain restrictions).

Methods for determining the initial (maximum) contract price are prescribed. To combat dumping, the obligation of participants in tenders and auctions to provide increased security is introduced if the price they offer falls below the starting price by 25%. Prequalification is provided for when holding a competition for the supply of goods (works, services) of a highly complex, innovative or specialized nature.

Possibility of concluding contracts life cycle(for the purchase of goods and their subsequent maintenance, operation, repair and disposal). Banking support for contracts is being introduced. Settlements during the execution of a contract accompanied by a bank will be reflected in the accounts opened with it.

When making purchases, benefits are provided not only to penal institutions, organizations of the disabled, small businesses, but also to socially oriented non-profit organizations. Government customers are obliged to give priority to innovative products. In addition, purchases of foreign goods and services are limited (and not only in the field of defense and security).

It is envisaged to maintain a register of bank guarantees issued as security for an application for participation in a competition or closed auction or as security for the execution of a contract.

Another innovation - electronic platforms must return to auction participants not only the collateral they contributed, but also the income received from it.

The procedure for changing and terminating the contract has been regulated. Provision is made for monitoring procurement and auditing the results of contract execution.

To ensure transparency of procurement, a single publicly accessible Information system. It contains procurement plans, data on their implementation, registers of concluded contracts and unscrupulous suppliers, a library standard contracts, catalogs of goods (works, services), results of monitoring and audit of procurement and much more.

Customers whose total annual purchase volume exceeds 100 million rubles must form special contract services. Other customers are required to appoint a contract manager.

In addition, it is introduced public control for purchases.

The federal law comes into force on January 1, 2014, with the exception of certain provisions for which a later date of entry into force is provided.

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