Changes in 44 Federal Laws from 01.01. Legal services. We describe the procurement object in a new way
Changes to 44-FZ from July 1, 2018 provide new order securing applications and new uniform conducting competitive procedures. There are other important innovations. Let's consider these changes made to Federal Law 44.
Read in the article:
Changes to 44-FZ from July 1, 2018 are introduced by Federal Law No. 504-FZ dated December 31, 2017, as well as Government Resolution No. 439 dated April 12, 2018.
Amendments to 44-FZ regarding securing applications
From July 1, 2018, application security will be established when the initial maximum contract price (IMCP) within the framework of a competition or auction is more than 1 million rubles.
The customer will also require application security in two other cases:
- when purchasing by request for proposals, if a re-tender has not taken place;
- with an electronic request for proposals, if an open competition, a competition with limited participation, a two-stage competition and an auction have not taken place (all in electronic form).
The requirement to secure an application is mandatory for all participants. But not in terms of government institutions.
The security amount consists of two ranges:
- from 0.5% to 1%, when the NMCC is from 5 million rubles. up to 20 million rubles;
- from 0.5% to 5% when the NMCC is more than 20 million rubles.
For a number of categories of participants there are special conditions. These include organizations of people with disabilities and institutions of the penal system. The amount of security for them has been reduced. It is no more than 2% of the NMCC. But at the same time three conditions must be met:
- NMCC is no more than 20 million rubles.
- the procurement establishes benefits for these categories of participants;
- the participant has a preferential status.
We also note that preferential security conditions for SONO and SMP were excluded from 44-FZ.
The participant has the right to provide security for the application either in the form Money or in the form of a bank guarantee. When conducting a competition in paper form, the participant has a choice of these two types. In an electronic competition, it is possible to secure an application only in cash. The documentation must establish the right of the participant to choose the method of security.
Please note that when conducting an electronic competition or electronic auction The participant does not have the right to use a bank guarantee for security until June 30, 2019.
Amendment to Law 44-FZ: new electronic procedures
From July 1, 2018, customers will carry out new electronic procedures on a voluntary basis. From January 1, 2019 they will become mandatory.
Changes to Law 44-FZ provide that electronic procedures can now be in the form of:
- auction;
- competition;
- request for proposals;
- request for quotations.
The venue for electronic procedures is electronic trading platforms. To be admitted, a participant must be accredited. The procedure is similar to the current admission procedure for electronic auctions. The potential participant provides the operator with everything Required documents, in electronic form. In this case, the documents must be signed electronic signature.
Please note that from July 1, 2018, in order to take part in government procurement, you must have a qualified electronic signature. She can sign any electronic documents. Qualified electronic signature from BukhSoft is accepted on 108 trading platforms.
From 2019, registration will be carried out in a unified information system. It will be free and one-time. Participants will no longer need to be accredited for each trading platform separately.
The EIS will create single register procurement participants. It is a list of all registered participants who participated, are participating or would like to participate in government procurement. It will be maintained by the Treasury on the EIS website from 01/01/2019.
All participants registered in the EIS will automatically be included in this register. Registration will be available from 01/01/209 to 12/31/2019.
Other important changes to 44-FZ
The duration of competitive procedures has been reduced. In particular, this applies to the consideration of the first and second parts of applications within the framework of the electronic auction and the electronic request for quotations. You will have to recalculate the procurement stages and timing of each procedure. Determining the deadlines for the competitive procedure will help you with this.
The clause on mandatory procurement through open competition was excluded from 44-FZ. Thus, competition is no longer the preferred method of procurement.
The list of uniform requirements for procurement participants has been supplemented. Now the participant will be required to confirm that he has no restrictions on participation in government procurement.
A new system will appear " Independent registrar" This system will reflect and record the actions of customers and participants. Including, video recording mode will be available. The system will be useful for solving problems that have arisen controversial situations.
See the table below for other changes:
Electronic procurement starts in July. This means that customers under 44-FZ will be able to conduct electronic tenders, electronic requests for proposals and electronic requests for quotations. The transition to electronic forms of competitive procedures will greatly change the working rules for all participants in the contract system. Let's consider the main changes to 44-FZ from July 1, 2018.
44-FZ from July 2018 briefly:
☆ unified register of procurement participants;
☆ "Independent Registrar" system;
☆ new rules for securing applications;
☆ new procedure for working with electronic signatures;
☆ providing the application only with money;
☆ the timing of all competitive procedures has changed;
☆ and much more.
New terms will appear in the conceptual apparatus. In Article 3 of Law No. 44-FZ, new concepts with explanations will appear. Definitions will be introduced into the article in separate paragraphs electronic platform, a specialized electronic platform and the operators of these platforms. Follow the changes in the latest edition of 44-FZ »
Changes in 2020 under 44-FZ and 223-FZ
During the webinar you will learn:
☆ What will change in procurement planning for 2020;
☆ How control will be carried out according to the new rules;
☆ New projects to change the national regime;
☆ What to do with standard documentation.
A new register will be introduced into the UIS. From July 1, 2018, a new register will appear in the UIS - a unified register of procurement participants. The treasury will be entrusted with maintaining the register. Additional subclause 6.1, clause 6, part 3 in Article 4 of Law No. 44-FZ was introduced by Law No. 504 of December 31, 2017.
New state information system “Independent Registrar”. It is needed to track the actions of procurement participants and customers. And record, including on video, who did what. will help all participants in the contract system in resolving disputes. For example, it will help to record the inoperability of the UIS on the last day of posting information to the contract register. This will save the customer from a fine of 20 thousand rubles.
New rules for securing applications will come into effect. Important changes in 44-FZ from July 2018, the rules for securing applications will be affected. Since July, procurement participants have been depositing bid security in special banks that will be selected by the Government. Only government institutions were exempted from the obligation to provide security for applications. And preferential terms of support for the NSR and SONO were removed from the law altogether. The benefit for procurement participants from the category of institutions of the penal system and organizations of the disabled is expressed in the provision of applications in an amount that cannot exceed 2% of the NMCC. A complete table of the new rules and 6 examples of how to write conditions in the documentation
An expert will tell you why your colleagues make mistakes when setting up application security
For the impatient
An expert will explain why your colleagues make mistakes when setting up application security
☟ Go
A separate article will appear about the features of electronic procedures. The next item in the review of changes to Federal Law 44 from 07/01/2018 includes. The Law on the Contract System will be supplemented with Article 24.1, dedicated to the features of electronic procedures. There will also be new articles dedicated to each electronic procedure. Our expert materials will help you understand all the variety of new things.
The list of uniform requirements for procurement participants will be added. Previously, in order to become a procurement participant, it was necessary to confirm compliance with the uniform requirements under Part 1 of Article 31 of Law No. 44-FZ. The last tenth item on the list of requirements was information that the procurement participant is not an offshore company. Now part of the article ends with clause 11. In accordance with the requirements of the new clause, participants will be required to confirm that they have no restrictions for participating in the procurement. The clause that the operator of the electronic platform checks participants for offshore status has become invalid.
The refinancing rate was changed to the key rate. Corresponding changes were made to Article 34 of Law No. 44-FZ. Now, if the customer violates the terms of the contract, the supplier has the right to collect a penalty from the customer and the penalty will be calculated based on the key rate. Similar conditions apply to the supplier if he has overdue obligations under the contract. Do not forget that penalties are charged for each day of delay and only for late obligations. For other violations a fine is imposed.
We have collected all the fines on one page so that you know how much to collect from the violating supplier and how much you will pay for your own mistake if you violate the contract yourself. Use automatic calculations
Catalog in the singular. Previously, the law on the contract system mentioned catalogs of goods, works and services. Now the multiple “catalogues” have been changed to a single “catalog” - meaning the catalog of industrial goods and materials, which customers are required to use to describe the procurement item.
How to use the TRU catalog correctly: step-by-step instructions
The catalog of goods, works and services is a subsystem in the UIS that you use to describe the procurement object. You use information from KTU in planning documents, notices, procurement documentation, and contracts. We have compiled step by step instructions, which will help you use the catalog correctly. See when it is used and how to find information in it.
They will be required to provide applications in competitions and auctions with a small NMCC. Law No. 44-FZ itself specifies the range within which the customer may require security for applications for participation in procurement. And the beginning of the NMCC for this range is 5 million rubles. It is also indicated that the government has the right to establish its own order and the government has established it. It obliged customers to establish application security in competitions and auctions at NMCC from 1 million rubles. But the amount of security was not indicated.
New procedure for working with electronic signatures. As of July 1, unqualified electronic signatures are no longer used. Only qualified personnel may be used.
Applications will only be supported by money. Bank guarantees to secure applications from potential participants in electronic procedures will not be accepted. The participant will be able to secure an application in electronic procedures only with money.
The timing of all competitive procedures will change. For example, the time frame for reviewing the first and second parts of applications in an electronic auction will be reduced. The electronic request for quotation procedure will also take less time than the paper procedure. There is no universal way to calculate all deadlines at once. Because each procedure has its own time frame and its own procurement stages. We have developed a Time Map that will make it easier for you to calculate the calendar dates of purchases, which means you will not make a mistake and receive a fine. Download and install it on your computer.
Competition is no longer the preferred method of procurement. Until July 1, customers under 44-FZ were required to conduct procurement through open competition in all cases, with some exceptions. On July 1, this clause became invalid.
Changes to the schedule for purchases that did not take place and government purchases with a single supplier (for all reasons, Part 1 of Article 93) occur 1 day before the notice is posted in the Unified Information System.
The provisions in the draft contract have changed
In accordance with clause 2, part 13, art. 34 of Law No. 44-FZ, the contract includes a condition on reducing the amount of payment by the amount of taxes, fees and other obligatory payments to budgets if the customer performs the functions of a tax agent
According to paragraph 16 of Art. 34 44-FZ, the customer has the right to conclude, but is not obliged to - this was the case before the changes.
Part 18 Art. 34 was supplemented by the opportunity to supply additional goods to the extent of savings during a competition, auction, or request for proposals.
From 07/01/2018, the draft contract must stipulate the procedure and terms of payment, acceptance and registration.
Requirements for participants have been added
Changed the order of consideration of applications
The maximum period for consideration of applications in procurement with NMCC is less than 3 million rubles. — 1 business day from the deadline for accepting proposals.
From July 1, 2018, an application cannot be rejected due to lack of information and electronic documents, which are provided for in clause 5, part 5, art. 66 (benefits to organizations of disabled people and organizations of the penal system), as well as clause 6 of part 5 of art. 66 (restrictions and conditions of admission within the framework of the national regime under Article 14), excluding situations when GWS are purchased that are prohibited from acquisition under Art. 14.
Avoiding paper-based procedures
All competitive procurement methods provide for the possibility of conducting them in electronic form, including closed ones.
To conduct a closed auction: procurement of bodies, institutions and enterprises of defense and government. management according to the list established by the government.
The ability to carry out “paper” procedures in 44-FZ was retained for government customers who are based in the territory foreign country, for normal life support, prequalification and procurement under Art. 111 and 111.1
- Part 43 Art. 112 from 07/01/2018 - electronic procurement: the right of the customer. Read more about this in the article;
- Part 43 Art. 112 from 01/01/2019 — electronic government procurement: Customer's responsibility.
Before selecting a pool of “new” trading platforms, we will work on previously identified sites.
Securing the application
The state customer must prescribe the requirement for securing applications for participation in competitive procedural and auctions, provided that the NMCC exceeds 1 million rubles ().
Amount to secure the application:
- 0.5-1% (NMCC 5-20 million rubles);
- 0.5-5% (NMCC over 20 million rudds);
- 0.5-2% (NMCC over 20 million rubles + Articles 28, 29).
The government agency is exempt from securing the application.
Special account
Reporting standards have been adjusted
Information in the register of contracts is now entered within 5 working days.
Information about the executors of the government contract, a copy of the contract, and acceptance documents were removed from free access in the register of contracts in cases of
In accordance with Part 9 of Art. 94, the report on the execution of an individual stage is open only:
- For construction work, reconstruction, major repairs, preservation of cultural heritage sites;
- if the price exceeds 1 billion rubles.
The one-day rule for publishing information about changes and termination of a contract (Clause 26, Article 95) has ceased to apply.
Control over the comparison of protocols and procurement documentation was excluded (Part 5 of Article 99).
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In December 2017, amendments to Federal Law 44 were adopted, bringing changes for suppliers and customers.
Electronic form
Now customers will be able to conduct open procurement electronically if they wish. To correctly determine the supplier, the following methods are used:
request for proposals in electronic form;
request for quotes in electronic form;
open competition in electronic form;
competition with limited participation in electronic form;
two-stage competition in electronic form.
From January 1, 2019, all customers plan to use exclusively an electronic form to determine a supplier. By decision of the Government of the Russian Federation, it can also be carried out in electronic form. closed procedures.
Changes to 44 Federal Laws significantly simplify the participation in tenders of suppliers from other regions, eliminating the need to pay for courier and postal services. However, this requirement introduces the need for all participants to obtain an electronic signature and accreditation on electronic platforms.
From July 1, 2018, only a qualified electronic signature can be used to participate in electronic procurement.
Registration in the EIS
The next innovation of 44-FZ will oblige participants previously accredited to the ETP to register in the Unified Information System during 2019 to participate in electronic procedures. All tender documentation and other necessary information will be available on electronic trading platforms.
Bank guarantee
From July 1, 2019, the participant will be able to independently determine the method of submitting an application security for participation in an open competition, a competition with limited participation, a two-stage competition or an auction in electronic forms. In addition to cash, it will be possible to use a bank guarantee.
This innovation is associated with the transition to electronic views bidding The choice of supply method will have a positive effect on competition in procurement and will provide an opportunity more participants to participate in the procedure for determining the supplier.
Amount of application security in 2018
According to the new norms of 44-FZ, the customer must establish a requirement to provide security for the application only if the NMCC exceeds 5 million rubles.
If NMCC is from 5 million rubles. up to 20 million rubles, then the security is set from 0.5% to 1% of the initial contract price. If the NMCC is more than 20 million rubles, then the security will range from 0.5% to 5% of the initial contract price.
Possibility not to set application security for purchases with a starting price of less than 5 million rubles. allows the customer to attract more suppliers to participate in the procurement, thereby receiving the most advantageous offer for concluding a contract.
Special accounts
Until June 30, 2018, the old procedure for submitting security for participation in the procurement is in effect, i.e. transfer of funds to the participant’s account on the electronic trading platform.
From July 1, 2018, participants will be required to deposit application security into special accounts opened by them in banks, the list of which is established by the Government of the Russian Federation.
At the first stages of applying this system, problems may arise, both from procurement participants and from banks. Participants may have problems if they have multiple accounts opened in different banks to participate in trading on different platforms. Banks that do not have experience distributing funds from participants as collateral for applications will also initially make technical errors.
This will relieve the workload of operators of electronic platforms, but most likely will increase the time it takes for funds to be received and credited as security for the application. Over the course of several years, the mechanism for crediting funds as security for an application was debugged and worked almost without failure.
Standard application and documentation form
The Government of the Russian Federation will determine a standard application form for participation in electronic procedures for identifying a supplier. Also, the Government can develop and establish requirements for the content, composition and procedure for developing standard procurement documentation. The forms will be required for use by both the customer and the supplier.
Regarding application forms, this innovation will not bring any significant changes. Previously used in competitions and quotes on paper standard forms, mandatory for use. Unification of documentation is a definite plus, which will allow information to be presented to participants in an understandable and uniform manner.
Payment for participation in state auctions
With the entry into force of new regulations 44-FZ, the Government of the Russian Federation establishes the right for operators of electronic platforms to charge fees for participation in procurement.
It can be established both for participation in the procurement, i.e. for all suppliers submitting bids and for the winner of the electronic procedure. Payment may be charged to the customer for placing a purchase on the ETP. The Government of the Russian Federation will also determine the procedure for its collection and indicate size limit board that can be installed by the ETP operator.
Surely, for many participants this will be an unpleasant innovation. Previously, participation in government tenders was free, requiring minimal non-refundable investments.
On July 1, 2018, amendments to Law No. 44-FZ came into force, which introduced Federal law dated December 31, 2017 No. 504-FZ.
| Planning | Customers will be able to publish changes to the schedule one day before the purchase. State corporations and significant institutions will standardize purchases |
| Purchasing methods | From July 1, 2018, customers have the right to conduct electronically not only an auction, but also a tender, request for quotations, and request for proposals. From January 1, 2019, e-procurement is a requirement. Electronic platforms will be able to charge fees from customers and participants. Amendments were made to all competitive purchases and to the procurement rules from the supplier |
| Procurement | Participants will be required to declare that there are no legal restrictions on their participation in the procurement. Customers will be able to demand that the application be secured only if the NMCC is above 1 million rubles. |
| Contract | The contracts will include new required condition- deduction from payment of taxes, fees and other payments. If the contract is changed or terminated, it will not be necessary to publish information in the Unified Information System within one day. Information must be sent to the contract registry within five working days, not three. |
| Control and appeal | Controllers will not compare information in documentation and protocol. We expanded the list of procedures that the customer has the right to appeal |
Planning
The deadlines for making changes to the schedule have been changed. From July 1, 2018, a reduced period applies for some cases. The rationing rules will be used by two state corporations.
The deadline for the plan has been reduced - garfika
By general rule the customer makes changes to the schedule and only after 10 calendar days has the right to place a procurement notice in the Unified Information System or send an invitation to a closed procurement. Exceptions were introduced for the rule - the period was reduced to one calendar day for purchases:
| Name of purchase | Norm 44-FZ |
| Repeated tender or new purchase when the tender did not take place | Part 2 of Article 55 |
| Request for proposals under clause 8 of part 2 of Article 83 of Law No. 44-FZ or other procurement when a re-tender did not take place | Part 4 of Article 55 |
| New purchase or re-tender when the two-stage tender did not take place | Parts 5, 6 of Article 55 |
| Request for proposals in electronic form or a new procedure when the electronic tender did not take place. At the same time, the deadline for submitting applications for the electronic competition has already been extended | Part 4 of Article 55.1 |
| Request for proposals under clause 8 of part 2 of Article 83 of Law No. 44-FZ or other procurement when the electronic auction did not take place | Part 4 of Article 71 |
| Repeated procurement when the customer has extended the deadline for submitting applications for a request for quotation, but no applications have been received | Part 4 of Article 79 |
| New purchase when email request quotes did not take place. At the same time, the deadline for submitting applications for an electronic request for quotations has already been extended | Part 2 of Article 82.6 |
| Repeated request for proposals when no applications were received for the first purchase | Part 19 of Article 83 |
| New procurement when the electronic request for proposals has not taken place | Part 27 of Article 83.1 |
| Purchasing from sole supplier | Part 1 of Article 93 |
The notice must be published no earlier than the changes made to the schedule are posted in the unified information system in accordance with Part 15 of this article. (Part 14 of Article 21 of Law No. 44-FZ)
Standardization rules began to be applied at the State Corporation
The rationing rules established by the Government will be applied by the state corporations Rosatom, Roscosmos, as well as the most significant institutions of science, education, culture and healthcare. The most significant institutions are determined by the Budget Code.
Rosatom and Roscosmos will approve requirements for certain types of goods, works, services, including maximum product prices and standard costs for providing functions. We are talking about procurement by state corporations themselves and organizations subordinate to them (parts 4.1, 7 in Article 19 of Law No. 44-FZ).
Notice
The list of information required to be included in the procurement notice has been supplementedArticle 42 of Law No. 44-FZ establishes what information must be included in the procurement notice.
Purchasing methods
New electronic procedures have appearedCustomers are required to conduct all competitive procurements on electronic platforms. A transition period is provided - from July 1, 2018 to January 1, 2019.
From July 1, 2018, customers have the right to use new electronic forms of procedures, and from January 1, 2019, they are required to purchase products only through electronic procedures. It is impossible to hold an open tender, a tender with limited participation, a two-stage tender, a request for quotations, or a request for proposals in non-electronic form from January 1, 2019.
Purchases in paper form are only possible in exceptional cases:
- purchases by customers abroad;
- requests for quotes for emergency medical care in an emergency or urgent form and normal life support for citizens;
- pre-selection of procurement participants or request for quotations for humanitarian assistance or liquidation of the consequences of natural or man-made emergencies;
- closed procurement methods;
- purchases from food suppliers;
- procurement in accordance with Government decisions.
New rules for electronic procedures.
- Electronic procurement is carried out on sites selected by the Government.
- Closed procedures will be carried out at specialized sites.
- Until the sites are selected, electronic procurement will be carried out on currently operating sites.
- Participants will submit applications for electronic procurement only through electronic platforms or specialized electronic platforms.
- Provisions regarding the possibility of filing an application through the Unified Information System were excluded from Law No. 44-FZ.
- One of mandatory requirements electronic procurement - the parties use an enhanced qualified electronic signature. You can obtain a signature at certification centers accredited by the Ministry of Telecom and Mass Communications. Until the end of 2018, a qualified electronic signature will be issued by the Treasury.
- Operators of electronic platforms will be able to charge money for holding an electronic auction. Previously, payment was prohibited. It was also prohibited to take money from participants in the electronic auction for accreditation and for participation in the procurement. The Government has the right to establish the procedure and amount of fees from July 1, 2018.
Major changes in open competition.
The phrase that the customer holds an open competition in all cases, except for exceptions, was removed from Article 48 of Law No. 44-FZ.
Competitive application:
- In the application, all participants indicate mailing address, and not just a legal entity, as was previously the case.
- In the application, the participant submits documents that are required by regulations legal acts according to the national regime. If the participant does not submit documents, the application is equated to an offer of foreign goods, works or services of foreign persons.
- The participant indicates the country of origin of the goods only when the customer has established conditions, prohibitions, and restrictions on the admission of foreign goods in the notice and documentation.
- Each volume of the application must contain an inventory.
Consideration of application:
The application must be rejected if the participant does not provide security for the application or if the refusal is provided for by legal acts within the framework of the national regime. Let’s say the customer did not attach documents to the application that confirm the benefits for penal institutions or people with disabilities. Then the application cannot be rejected.
Protocols.
The requirement was removed that the customer must attach the participant’s proposal for the procurement item, the unit price, and the name of the country of origin of the goods to the protocol for the consideration and evaluation of applications for a single application.Major changes in the electronic auction
From July 1, 2018, the norms of Law No. 44-FZ, which regulate document flow and the procedure for concluding a contract during an electronic auction, will no longer be in force. This is due to the fact that now an article on electronic procurement has appeared in the law (Articles 24.1, 60 and 70 of Law No. 44-FZ).Auction application.
The procedure for submitting an application for the auction has been changed.In the first part of the application, the participant agrees to supply goods, perform work, or provide services on the terms of the documentation. They added that consent is submitted through an electronic platform. If you are purchasing goods or works and services for which the participant uses the goods. Then in the first part the participant writes:
- country of origin of the goods, only if the customer has established a national regime;
- specific indicators of the product and trademark, if available. Information is included in the application if there is no trademark in the documentation or if the participant offers a product with a trademark different from the trademark from the documentation.
- The postal address is indicated by all participants, and not just by the legal entity, as was the case before.
- If in the second part the participant does not submit documents according to the national regime, the application will be equated to an application with foreign goods, works, and services of foreign persons.
The application no longer has a serial number, but an identification one. This number is assigned to the application and communicated to the participant by the operator of the electronic platform. The identification number is indicated in the protocols.
Review of the application.
The deadline for the customer to review the first parts of applications has been changed. The period for consideration of the first parts of applications for participation in an electronic auction cannot exceed seven days from the deadline for filing these applications, and if the initial (maximum) price of the contract does not exceed three million rubles, such period cannot exceed one working day from the date the deadline for submitting these applications.
Protocols.
The protocol on consideration of the first parts will now include additional condition- the presence of foreign goods, works or services of foreign persons among the participants’ proposals. This information is written in the protocol when purchasing under an established national regime.
Auction step.
The step cannot be less than 100 rubles. The amount of reduction in NMCC is from 0.5 percent to 5 percent.Major changes to the request for quotations
Quotation application
- In the quotation application the participant indicates:
- mailing address
- proposal on the price of the contract, and it is also necessary to register a proposal on the price of each item of goods
- declaration of conformity with the requirements of paragraphs 3-9 of part 1 of article 31 of Law No. 44-FZ
- if a national regime is established in the procurement, the participant provides documents on the conformity of the goods. If such documents are not provided, then the application will be equated to an application with foreign goods, works, and services of foreign persons.
Protocol
The customer commission formalizes the results of consideration and evaluation of applications in a protocol. The protocol must now include the names and characteristics of the goods supplied by the participants.Major changes to the request for proposals
From July 1, 2018, it is impossible to conduct a request for proposals when a repeat electronic auction has not taken place. The customer has the right to conduct a request for proposals only if a re-tender has not taken place (clause 8, part 2, article 83 of Law No. 44-FZ).Opening envelopes.
Not only participants, but also their representatives have the right to be present at the opening of envelopes.When opening the envelopes, the commission announces:
- place,
- date and time of opening,
- name or full name,
- participant's mailing address.
Review of applications.
We added the reasons when the commission should reject a participant’s application:- the application does not comply with the notice;
- the participant provided false information;
- in cases provided for by regulatory legal acts on the national regime.
Final proposals.
A rule has been added that the final proposal of the request for proposals participant cannot worsen the conditions from the application. If the participant violates this rule, the final offer will be rejected by the customer. In this case, the proposal from the application is considered final.
Major changes in closed procurement
From July 1, 2018, closed procedures have the right to conduct:- federal executive authorities with the functions of developing and implementing state policy in the field of defense, public administration in the field of ensuring the country's security;
- government institutions, state unitary enterprises that are subordinate to the customers from paragraph 1.
Major changes in procurement from a single supplier
The customer has the right to enter into a contract with a single supplier when:- there was no request for quotations for the purchase of goods, works, services for humanitarian aid or emergency response (clause 9, part 1, article 93 of Law No. 44-FZ);
- There are not enough products that were purchased by requesting quotes for humanitarian assistance or emergency response. The customer has the right to buy the missing volume from the supplier (clause 9, part 1, article 93 of Law No. 44-FZ);
- An open tender, a tender with limited participation and a two-stage tender in electronic form, a request for quotations and a request for proposals in electronic form did not take place. The only participant in such procurements is equated to the winner of the procurement (clauses 25.1, 25.2, 25.3, part 1, article 93 of Law No. 44-FZ).
Procurement
Customers will make one more requirement for procurement participants. The amount of security for the application will depend on the NMCC, and security can be required for purchases of up to 5 million rubles.New requirements for procurement participants
A clause has been added to the uniform requirements for procurement participants. Each supplier, performer or contractor must confirm that the law does not restrict it from participating in the procurement. The participant declares the status and confirms that he meets the requirement on the electronic platform. The customer establishes the requirement in the notice and documentation.The notice has been supplemented with a list of mandatory information
Article 42 of Law No. 44-FZ states what information must be included in the procurement notice. The list of information has been supplemented. The notice must include, among other things:- a specific part of Article 15 of Law No. 44-FZ - when you carry out procurement under parts 4-6 of Article 15 of Law No. 44-FZ. If you are purchasing under parts 5 and 6 of Article 15 of Law No. 44-FZ, attach copies of the contracts or agreements referred to in these parts to the notice;
- benefits for penal system enterprises and organizations of disabled people (parts 28 and 29 of Law No. 44-FZ);
- prohibitions, restrictions and conditions of admission;
- information on procurement under the state defense order.
Securing applications Application security is not established:
- the customer does not have the right to demand that an application be secured when conducting a competition or auction with NMCC up to 1 million rubles.
- State institutions, if they are procurement participants, are exempt from securing the application.
For SMP and SONO, the special regime with security ceases to apply. As amended by Law No. 44-FZ, until July 1, the maximum amount of security for such participants is no more than 2 percent of the NMCC (Part 15, Article 44 of Law No. 44-FZ).
Cases when it is necessary to allocate lots in a purchase
The customer has the right to divide the purchase into lots, but this is prohibited when conducting a request for quotation, request for proposals, as well as electronic procurement - closed or open. Only paper competitions and closed auctions can be divided into lots.When you select lots, for each lot you separately indicate:
- object of purchase;
- NMCC and its rationale;
- the amount of security for the application when the requirement was established;
- terms and other conditions of product delivery.
Information that must be included in the contract
We have added mandatory information that must be included in the contract from July 1, 2018. The reporting rules for contracts have been adjusted.
Contract
The participant submits an application for a specific lot. The parties enter into a separate contract for each lot.
The government has the right to determine requirements for the formation of lots during procurement individual species goods, works, services.
Entering information into the register of unscrupulous suppliers
The rules by which information is sent to the register of unscrupulous suppliers have been changed. If the only participant in a failed competitive procurement evades the deal, send the information to the RNP within three working days. The deadline starts from the day the participant is found to have evaded.- The contract must include a condition under which the customer will reduce the amount of payment for taxes, fees and other obligatory payments to the budget when required by law. The rule applies to individuals, individual entrepreneurs and legal entities who participate in the procurement.
- The government has the right to establish a procedure for determining the minimum period for the counterparty to fulfill the contract.
We have increased the deadline for posting information to the contract register
The deadline for posting contract information to the contract register has been increased by two working days. From July 1, 2018, customers have the right to send such information to the register within five working days, rather than three, as previously.
Rules for changing and terminating the contract
The requirement to publish information about a change or termination of a contract in the Unified Information System the next day after the contract was changed or terminated. Changes or termination of the contract are made within 5 working days. This deadline is also set for entering information about the contract into the register of contracts.Contract reporting
The order in which a report on the stages of contract execution is prepared has been changed.1. The contract was concluded for work on the construction, reconstruction, major repairs of capital construction projects, and the preservation of cultural heritage sites.
2. The contract price exceeds 1 billion rubles.
In other cases, there is no need to report on milestones from July 1, 2018.
Control and appeal
Some of the information that controllers check was excluded from Law No. 44-FZ. The list of procedures that a procurement participant has the right to appeal has been expanded.The Treasury, financial control bodies of regions and municipalities, and management bodies of state extra-budgetary funds will not verify information in procurement protocols and procurement documentation from July 1, 2018.
The appeal procedure from July 1, 2018
The rules by which you can appeal against a customer’s actions have been changed. A participant has the right to file a complaint in paper procedures, including a request for quotation, at any time from the date on which the customer published a notice or sent invitations to a closed procurement. Previously, the deadline was counted from the date of publication of the procurement plan in the Unified Information System and only the provisions of the documentation were appealed.We expanded the list of electronic procedures, including closed ones, under which the participant has the right to appeal the actions of the customer. Added:
- open and closed competition in electronic form;
- competition with limited participation in electronic form, including closed ones;
- two-stage competition in electronic form, including closed;
- closed auction in electronic form;
- request for quotes in electronic form;
- request for proposals in electronic form.
Changes to 44-FZ since 2019
New terms
New definitions were introduced into Law No. 44-FZ: electronic platform, operator of an electronic platform, specialized electronic platform, operator of a specialized electronic platform. The terms define the requirements for the operator’s organizational and legal form, the share of foreign participation, and the information security of the functioning of software and hardware.The concept of the refinancing rate was replaced by the key rate of the Central Bank. The unqualified signature was replaced with a qualified one.
- From January 1, 2019, customers are required to purchase products only through electronic procedures
- Participants will be required to register in the EIS.
- In a unified information system and on an electronic platform, the state will operate Information system.
Participants must register in the Unified Information System
Procurement participants must register in the Unified Information System. Then, within one day, information about the participants goes to all electronic platforms that were selected for procurement under Law No. 44-FZ. The participant is registered in the EIS and accredited on the site for three years. It will be possible to re-register no earlier than six months before the expiration of the registration period. The system will notify the supplier four months in advance that the deadline is about to expire. Three months before the end of the registration period, a participant who has not completed re-registration will not be able to submit applications.
Participants who register in the EIS will be included in the register of suppliers. The register will be maintained in the Unified Information System from January 1, 2019.
Terms of accreditation for electronic signature
| From July 1, 2018 to January 1, 2019 | The procedure for accreditation of participants on the electronic platform is the same |
| From January 1, 2019 | The old procedure for accreditation of participants on the electronic platform will no longer apply. Article 61 of Law No. 44-FZ will become invalid |
| From January 1, 2019 to December 31, 2019 | Participants who are accredited on electronic platforms are required to register in the EIS |
| From January 1, 2019 | The participant will be able to get accredited on the electronic platform only after registering in the EIS |
| From January 1, 2020 | Registers of electronic auction participants maintained by electronic platforms will cease to operate |
New information system
A new state information system will be launched in the UIS and on electronic platforms. The system is needed to monitor and record the actions and inactions of participants and customers. The system’s task, among other things, is to monitor the performance of the UIS and the electronic platform. In real time, the system will record the actions and inaction of participants and customers in the UIS and on the electronic platform, and conduct video recording. Who will be responsible for the work new system, will be determined by the Government. The system will begin operating on October 1, 2019.
Changes to 223-FZ from July 1
Table with a brief description of changes in Federal Law 223 from July 1, 2018| What's changed | Short description changes |
| Procurement methods | We expanded the list of competitive procurements: a request for quotations and a request for proposals were added to the competition and auction. We determined which procurement is competitive. We regulated electronic procurement, which will take place on electronic platforms. Non-competitive purchases included purchases from the supplier and any other purchases that the customer writes in the purchase regulations |
| Supplier selection | Customers will conduct purchases according to new rules. Thus, in the description of the item of purchase you cannot indicate trademarks. In exceptional cases, you can write a trademark, but with the phrase “or equivalent.” It is possible to demand to secure an application only if the initial (maximum) contract price is from 5 million rubles. The amount of security is up to 5 percent of NMCD. The deadlines for publishing notices and concluding contracts have been changed |
| Rules for purchasing from SMEs | Customers will make purchases from SMEs only in electronic form on electronic platforms approved by the Government. The time frame for publishing a notice is reduced compared to procurement on a general basis |
| Work according to Law No. 44-FZ | Customers will work according to the rules of Law No. 44-FZ if they do not fulfill the obligation to purchase from SMEs, do not publish an annual report on purchases from SMEs, or publish an inaccurate report. At the same time, customers will not apply some of the provisions of Law No. 44-FZ |
| Rules for the work of electronic operators | Only a legal entity can be an operator of an electronic platform. When purchasing among SMEs, purchases will be carried out only on digital signatures from the list of the Government |
| Procurement reporting | Customers will separately report on contracts with food suppliers based on the results of competitive procurement that did not take place. There will be no need to publish monthly reports on purchases from small and medium-sized businesses |
| Judicial appeal | Participants will be able to appeal any actions of the customer. The SME Corporation, regional authorities and organizations created by regional authorities have the right to file a complaint only against customers who are being assessed and monitored |
| Procurement for investment projects | Procurement rules for investment projects will apply if the cost of such a project is from 500 million rubles. The rules do not apply to state corporations, state-owned companies, economic entities in the authorized capital of which the state’s share of participation exceeds 50 percent, and “subsidiaries” of the listed organizations |
| Procurement with approved NMDC | The government will establish lists of goods with an initial (maximum) contract price. If the customer has planned a higher price, he must coordinate the purchase with the Government coordinating body |
The main part of the amendments to Law No. 223-FZ was made by Federal Law No. 505-FZ of December 31, 2017. For a full overview of the changes, read further in the recommendation.
Procurement methods
The two main changes are the expansion of the list of competitive procurement and the establishment of electronic procurement rules. Read more about the innovations.ADDED COMPETITIVE PROCUREMENTS
TO competition And auction added request for proposals And request for quotation. These methods of competitive procurement are called bidding. The customer has the right to conduct all competitive methods on an electronic platform, as well as in a closed form. The list is not exhaustive - the customer has the right to write in the procurement regulations other methods in addition to the four, established by Law No. 223-FZ.The procurement is competitive if the customer simultaneously complies with three conditions:
- Publishes procurement information in the Unified Information System or sends invitations to potential participants.
- Ensures competition for the right to conclude a contract based on procurement results.
- Describes the subject of procurement, taking into account the requirements listed below.
WE HAVE DETERMINED THE PROCEDURE FOR COMPETITIVE PROCUREMENT
To conduct a competitive procurement, the customer publishes a notice and documentation in the Unified Information System. When requesting quotes, there is no need to publish documentation. The customer specifies the requirements for participants' applications in the documentation, and when requesting quotes - in the notice.Applicants have the right to submit only one application, and in case of multi-lot procurement - one application for each lot. Before the customer finishes accepting applications, the participant has the right to change or withdraw the application.
Any participant has the right to ask for clarification of the notice and documentation. The response must be published in the Unified Information System within three working days from the date the request was received. The customer has the right not to respond to requests received later than three business days before the deadline for submitting applications. Explanations cannot change the essence of the documentation.
The customer has the right to cancel the purchase before he finishes accepting applications. The decision to cancel must be published in the EIS.
To select a supplier, the customer creates a purchasing committee. Procurement records must be kept for at least three years.
WE HAVE ESTABLISHED REQUIREMENTS FOR PURCHASE FROM A FOOD SUPPLIER
Customers will publish information about procurement from the supplier in the Unified Information System only if they provide for such an obligation in the procurement regulations. Also in the regulations it is necessary to write down the procedure for such a purchase and a complete list of cases when the customer has the right to conclude a contract with the supplier. Recommendations will help you carry out procurement from food suppliers and other non-competitive procedures.DESCRIBED THE PROCEDURE FOR ELECTRONIC PURCHASING
With electronic procurement, all document flow will take place on electronic platforms. Through the electronic signature, participants will submit applications, send requests for clarifications of documentation, and customers will publish clarifications in the Unified Information System, gain access to applications, and create draft protocols. The operation of the electronic platform will be provided by the operator. The customer, participant and operator of the electronic platform sign documents with an enhanced qualified electronic signature. To participate in the procurement, the participant will be accredited to the electronic signature.To change or withdraw an application, the participant sends a notification to the operator of the electronic platform. This can be done no later than the closing date for applications. For more information about e-procurement, see the recommendations.
CLOSED PROCUREMENTS WERE REGULATED
Customers have the right to conduct any competitive procurement in a closed manner. A closed form is chosen if information about the procurement is a state secret or the information is not published in the Unified Information System by decision of the Government or the Government’s coordinating body for procurement within investment projects.Information about closed procurement is not published in the Unified Information System. The customer sends invitations to participate in the procurement to at least two possible participants. The participant submits the application in a sealed envelope. How to conduct closed procurements in electronic form will be determined by the Government.
Supplier selection
Customers will be required to describe the item of purchase according to the rules. The deadlines for publishing notices are tied to procurement methods. Read on to see what else has changed.WE HAVE APPROVED THE RULES FOR DESCRIPTION OF THE SUBJECT OF PROCUREMENT
Customers will describe the procurement object according to rules that are similar to the provisions of Law No. 44-FZ. It is necessary to write the functional, technical, quality and operational characteristics of the product, work or service.It will not be possible to indicate trademarks, service marks, trade names, patents, utility models, industrial designs, or the country of origin of the goods. Exception: There is no other way to accurately describe the product. The phrase “or equivalent” must be used. There is no need to indicate equivalence in cases where the customer purchases:
- products and it is necessary to ensure compatibility with the product that the customer already has;
- spare parts for machines and equipment that the customer already has;
- goods to fulfill a contract under Law No. 44-FZ;
- goods, works or services under international agreements or customer agreements under Law No. 223-FZ, which provide for specific brands of goods.
THE RULES HAVE BEEN CHANGED BY WHICH NMDC ARE INDICATED
Customers will indicate the initial (maximum) contract price in the notice and documentation in one of three ways:
- initial (maximum) contract price (NMCP);
- price formula and maximum value of the contract price;
- unit price of a product, work or service and the maximum value of the contract price.
HAVE ESTABLISHED REQUIREMENTS FOR SECURING APPLICATIONS
If the customer requires the application to be secured, then the conditions must be written in the notice and documentation. The customer will specify how to secure the application in the procurement regulations. This may be a cash deposit, a bank guarantee and other methods under the Civil Code. The participant himself chooses the method from those installed by the customer. In addition to a bank guarantee and collateral, it is possible to secure obligations with a penalty, withholding of an item, a guarantee, a deposit, a security deposit or in another way (clause 1 of Article 329 of the Civil Code).
The customer has the right to establish security if the initial (maximum) price of the contract exceeds 5 million rubles. The amount of the application security should not exceed 5 percent of the NMDC.
The customer will not return the security if the winner of the purchase does not enter into an agreement or does not provide security for the agreement (if it is provided for in the notice).
CHANGED INFORMATION IN THE NOTICE AND DOCUMENTATION
The following was added to the information that the customer will be required to provide in the notice from July 1, 2018:- address of the electronic platform for competitive procurement;
- deadline and procedure for submitting procurement applications;
- the order in which the customer summarizes the results of the procurement (purchase stages);
- description of the procurement object in accordance with the rules described above.
- requirements for participants and subcontractors when purchasing work on the design, construction, modernization and repair of particularly dangerous, technically complex capital construction facilities and products related to the use of nuclear energy;
- description of the subject of purchase in accordance with the rules described above.
They will change the procedure in which amendments are made to the notice and documentation. If the customer changes the notice and documentation, it is necessary that after publication of the amendments, at least half of the deadline for submitting applications remains in accordance with the procurement regulations. Let's say they published a notice about the auction on July 2. Applications are accepted for 15 calendar days, that is, until July 18. On the 16th the documentation was changed. The deadline must be extended by at least 8 calendar days, that is, until July 26.
THE DATES FOR PUBLICATION OF NOTICES HAVE CHANGED
The time frame within which customers will publish a notice in the Unified Information System depends on the procurement method. The period must be counted from the date of publication of the notice until the date when you finish accepting applications, and in the case of a request for proposals - when you complete the request. The deadlines for procurement from SMEs and for procurement on a general basis are different.| Purchasing method | Minimum period for general purchases | Minimum period for purchasing from SMEs |
| Contest | 15 calendar days | Seven calendar days for NMCD up to 30 million rubles, 15 calendar days for NMCD above 30 million rubles. |
| Auction | ||
| Request for proposals | Seven working days | Five working days, NMCD should not exceed 15 million rubles. |
| Request for quotation | Five working days | Four working days, NMCD should not exceed 7 million rubles. |
Currently, the customer must give participants at least 20 calendar days to submit applications. The rule applies only to competitions and auctions. The deadlines for competitive purchases that are not tenders are set by the customer in the regulations (Part 2 of Article 3 of Law No. 223-FZ).
ESTABLISHED REQUIREMENTS FOR THE CONTENT OF PROTOCOLS
Customers will draw up two types of protocols: for each stage of the procurement and for the results of choosing a supplier (final protocol).See the table for information that needs to be included in the protocols.
| Protocol of the procurement stage | Final protocol |
| Date of signing the protocol. Results of consideration of applications (if the customer is reviewing applications at the stage). The results of the evaluation of applications with the final decision of the commission on whether the applications meet the documentation requirements. |
Date of signing the protocol. Number of applications, date and time of registration of each application. Name or full name of the participant with whom the customer will enter into an agreement. Application numbers in decreasing order of profitability of participants' proposals. Results of consideration of applications. Application evaluation results. Reasons why the purchase did not take place (if necessary). Other information according to the procurement regulations |
WE DEFINED THE PROCEDURE FOR CONCLUSION OF THE AGREEMENT
The parties will enter into an agreement no earlier than 10 and no later than 20 calendar days from the date on which the customer published the final protocol in the Unified Information System. Another deadline applies if the participant has appealed the purchase to the Federal Antimonopoly Service or if the customer needs approval from the governing body. In this case, the parties sign the agreement no later than five working days from the date the customer received approval or the antimonopoly authority made a decision. Based on the results of competitive procurement, the customer will be able to conclude contracts with several participants in the cases provided for in the procurement regulations. For example, an agreement with several contractors for research and development work.
Rules for purchasing from SMEs
Customers will make purchases among small and medium-sized businesses only in electronic form. When purchasing from SMEs, the customer has the right to hold a competition in stages at which:- discuss product characteristics with participants to clarify them;
- will discuss proposals from participants in order to clarify product characteristics;
- will review and evaluate applications;
- will conduct qualifying selection;
- will compare additional price offers from participants.
The customer has the right to include a qualification selection stage in the auction and request for proposals, the terms of which must be written in the documentation. When requesting quotes, customers will not conduct a qualifying selection process.
The participant has the right to provide security for the application in the form of a cash deposit or a bank guarantee. Other forms of security for procurement among SMEs are not provided. In this case, the applicant deposits the money not into the customer’s account, but into a special account, which is opened in a bank from the list of the Ministry of Finance.
Applications for the competition, auction and request for proposals will consist of two parts and price offer. In the first part, the SME describes the products. In the second, he indicates information about himself, describes the consumer properties of the product, and provides other conditions for the execution of the contract.
The contract between the customer and the SME will be concluded on an electronic platform. The winner has the right to send a protocol of disagreements to the customer, also through an electronic platform. Read more about e-procurement from SMEs in the recommendations.
Operating procedure according to 44-FZ
Customers who have not fulfilled their purchase obligations from SMEs work under Law No. 44-FZ. From July 1, violators will not apply all provisions of Law No. 44-FZ, but only:- justify the contract price;
- choose a procurement method;
- purchase goods, works and services from SMP and SONO;
- make demands on participants;
- evaluate applications;
- create a purchasing commission;
- choose a supplier;
- send information about participants to the FAS for inclusion in the register of unscrupulous suppliers;
- conclude contracts with food suppliers according to the rules of Part 1 of Article 93 of Law No. 44-FZ.
Requirements for electronic platform operators
The operation of the electronic platform will be provided by the operator. The ES operator can only be entity in the form of a limited liability company or non-public joint stock company. In the authorized capital of a legal entity, the share of foreign citizens or stateless persons, foreign legal entities should be no more than 25 percent. The operator must own the electronic platform, including the equipment and programs necessary for the operation of the electronic platform.The operator of the electronic platform ensures the secrecy of documents that it receives from the participant and transfers to the customer. Negotiations between the customer and the operator of the electronic platform are prohibited, but only if such negotiations create advantages for any of the participants or confidential information is disclosed.
The requirements for site operators when purchasing among SMEs are different. Such sites will operate in accordance with the rules of Law No. 44-FZ, taking into account additional requirements that will be established by the Government. There are currently six operating sites, but the exact list will be determined by the Government.
Procurement reporting From July 1, 2018, there is no need to publish monthly reports on purchases from small and medium-sized businesses. In the UIS, customers place information on the quantity and cost of contracts based on the results of all purchases, purchases from the supplier, as well as contracts with the supplier based on the results of a failed purchase.
The procedure for judicial appeal
The participant has the right to appeal any actions of the customer in court. The SME Corporation, regional authorities and organizations created by them will be able to file a complaint only if the customer:- conducts procurement in violation of Law No. 223-FZ or procurement regulations;
- made demands on participants that were not provided for in the procurement documentation;
- did not approve and publish the procurement regulations in the Unified Information System and conducted the procurement not in accordance with the rules of Law No. 44-FZ;
- did not publish an annual report on purchases from SMEs in the Unified Information System or posted false information.
They will introduce a new basis for a complaint to the FAS - violation of Law No. 223-FZ by the operator of the electronic platform. Only the procurement participant has the right to contact the antimonopoly authority on this basis.
Procurement for investment projects
The new procurement rules for investment projects apply subject to the simultaneous fulfillment of two conditions:- The customer is implementing an investment project with state support, while the project includes a list of investment projects.
- Price investment project is at least 500 million rubles.
- state corporations;
- state-owned companies;
The changes come into force on June 30, 2018.
Procurement with approved NMDC
The government will establish lists of goods with an initial (maximum) contract price. If the customer has planned a higher price, he must coordinate the purchase with the Government coordinating body. It is also necessary to purchase, in agreement with the coordinating body, works, services and rent if the counterparty will use goods from the list.The rules apply to the following customers:
- state corporations;
- state-owned companies;
- economic entities in the authorized capital of which the state's share exceeds 50 percent;
- subsidiary business companies, in the authorized capital of which more than 50 percent belongs to the listed legal entities.
