Government procurement “from scratch”: step-by-step instructions for a beginner. Government procurement - we start and win Government procurement 44 federal law main

“On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 was replaced by Law No. 94-FZ, which previously regulated government procurement. The law is intended to regulate relations between government customers and procurement participants at all stages of procurement activities.

Purposes of the Federal Law on Procurement

• increasing the efficiency and effectiveness of procurement of goods, works, and services. Effective and economical spending of budget funds is not only one of the main goals of Law No. 44-FZ, but also one of the basic principles of the Budget Code of the Russian Federation. According to Art. 34 of the Budget Code of the Russian Federation, customers “must proceed from the need to achieve specified results using the least amount of funds (economy).”
• ensuring openness and transparency of government procurement, ensuring access to information. Achieving this goal was realized in the creation of a Unified Information System, in which it is possible to track all stages of procurement, complaints and decisions of regulatory authorities on these complaints. All information collected in one place greatly simplifies the work of both system users and regulatory authorities.
• preventing corruption and other abuses in procurement. When conducting an electronic auction, participants act under numbers, and not under their own names, the customer will find out after the fact who won the auction. When requesting quotes, envelopes can be submitted anonymously; only during the procedure of opening the envelopes will the customer find out who submitted the applications. Such measures help to minimize the possibility of unfair competition.

To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get an electronic signature. Select the platform that best suits your organization and register. Next, generate documentation and notices, carry out procedures and identify a supplier and conclude a contract, taking into account the characteristics of each procurement method.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.

Six principles of the contract system

Principle No. 1 - openness and transparency. The principle is expressed in the fact that all information about government procurement, with the exception of that relating to state secrets, is publicly available in the Unified Information System. Anyone can obtain information about who is purchasing what, on what terms, and how the supplier is or will be determined.

Principle No. 2 - ensuring competition. Competition must be based on the principle of “fair price and non-price competition between procurement participants” (Article 8 of Law No. 44-FZ). Any legal entity or individual can become a participant in government procurement if it meets the mandatory requirements imposed on suppliers by 44-FZ. Unreasonable restriction of competition is contrary to Law No. 44-FZ and entails administrative liability for the customer and its officials.

Principle No. 3 - professionalism. This means, first of all, the professionalism of the customer. Customers “take measures to maintain and improve the level of qualifications and professional education of officials involved in procurement” (Part 2 of Article 9 of Law No. 44-FZ). Procurement under 44-FZ is a complex process consisting of several stages. Only a professionally savvy specialist - a contract manager - can plan a purchase promptly, competently and without violations, prepare documentation, conduct a competitive procedure and sign a contract.

Principle No. 4 - Encouraging the use of innovative technologies and processes. The principle is expressed in the fact that when purchasing, the customer must make a choice in favor of high-tech goods, works and services, if possible.

Principle No. 5 - unity of the contract system. Law No. 44-FZ regulates all government procurement, regardless of the scope and subject of the purchase. Compliance with the requirements of 44-FZ is mandatory for all customers and all procurement participants.

Principle No. 6 - responsibility for the result. Customers are responsible for the preparation of documentation, for ensuring competition in procurement, for the legal selection of a supplier, and for fulfilling their obligations under the contract. Participants are responsible for the accuracy of the information provided, for timely provision and confirmation of their good faith, if necessary, for the execution of the contract. And if any of them fails to fulfill their responsibilities, they will be forced to bear responsibility for the violation.

Differences between 44-FZ and the previous regulator 94-FZ

Among the main differences of 44-FZ are:

• EIS. The unified information system is designed to ensure maximum transparency and openness of procurement. Previously, control systems did not allow a quick, objective and comprehensive assessment of the legality of a particular purchase.
• Register of bank guarantees. In accordance with Article 45 of Law No. 44-FZ, bank guarantees provided by procurement participants “must be included in the register of bank guarantees,” otherwise the customer will not be able to accept such security. Frequent cases of fraud with bank guarantees obligated the legislator to provide for the customer a kind of “insurance” against dishonest entrepreneurs and banks.
• Anti-dumping measures under Article 37 of Law No. 44-FZ. When a participant significantly underestimates the price, he must confirm his good faith or provide security “in an amount exceeding one and a half times the amount of security for the execution of the contract.” This will allow the customer to make sure that such a participant intends to conclude a contract and not disrupt the purchase.
• New competitive ways to determine a supplier and criteria for evaluating applications.
  Law No. 44-FZ provides for five main ways to determine a supplier.
• Expanded requirements for procurement participants. For example, 94-FZ obligated customers to allow for procurement only those participants who are not listed in the RNP. According to 44-FZ, the customer can establish a requirement that not only a legal entity, but also individuals - representatives of the organization’s management team - be absent from the RNP.

Methods for identifying a supplier

Law No. 44-FZ provides five ways to determine a supplier in accordance with Article 24:

• contest;
• auction;
• request for quotations;
• request for proposals;
• purchase from a single supplier.

The first four purchasing methods are competitive procedures. Purchasing from a single supplier can be carried out in a number of cases - when the competitive procedure did not take place (not always), when we are talking about small purchases of up to 100 thousand and in other cases provided for in Article 93 of Law No. 44-FZ.

Contest- this is a method of determining a supplier, in which the winner is the participant who offered the best conditions for the customer, that is, price is not the only criterion for evaluating applications (Part 3 of Article 24 of Law No. 44-FZ).

There are competitions:

• open (Article 48 44-FZ);
• with limited participation (Article 56 44-FZ);
• two-stage (Article 57 44-FZ);
• closed (Article 84.85 44-FZ);
• closed with limited participation (Articles 84.85 44-FZ);
• closed two-stage (Article 84,85 44-FZ).

Auction is a method of determining a supplier in which the main evaluation criterion is price. The participant who offered the lowest price will be recognized as the winner of the auction (Part 4, Article 24 of Law No. 44-FZ). An auction must be held if the customer purchases goods, works and services included in the list approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r.

Auctions are:

• electronic (Article 59 of Law No. 44-FZ);
• closed (Article 86 of Law No. 44-FZ).

Request for quotation- a form of procurement in which the winner is the participant who offered the lowest contract price (Part 1, Article 72 of Law No. 44-FZ).

Request for proposals- a procurement in which the winner is the one whose proposal best meets the requirements for a product, work or service established by the customer (Part 1 of Article 83 of Law No. 44-FZ).

Electronic procurement platforms under 44-FZ

Procurement under 44-FZ is carried out on 6 specialized electronic platforms.

• CJSC "Sberbank-Automated Trading System";
• State Unitary Enterprise “Agency for State Order, Investment Activities and Interregional Relations of the Republic of Tatarstan” (All-Russian Electronic Commerce System);
• JSC Electronic Trading Systems (National Electronic Platform);
• OJSC Russian Auction House;
• LLC "RTS-Tender";
• JSC "Unified Electronic Trading Platform".

Trading under 44-FZ can only be carried out on these sites.

Planning and algorithm for procurement under 44-FZ

Procurement planning. All purchases carried out by the customer must be included in the schedule and procurement plan. You cannot purchase something that is not included in the schedule and procurement plan. Decree of the Government of the Russian Federation No. 73 of January 25, 2017. introduced new forms of schedules and procurement plans.

To conduct a purchase under 44-FZ, the customer needs:

1. Register (re-register) in the Unified Information System and on the ETP, obtain an electronic digital signature (EDS) at the Treasury. Those who registered in the Unified Information System (US) before July 15, 2016 must register again. The deadline is 04/01/2017; if this is not done, access to your personal account will be denied. The requirement is indicated in the Order of the Federal Treasury dated December 30, 2015 No. 27n.
2. Appoint a contract manager or create a contract service. In accordance with the requirements of Article 38 of Law No. 44-FZ, a contract service must be created for those customers whose annual purchase volume is above 100 million rubles. For the rest, a contract manager can be appointed. Since January 2017, the contract manager and contract service employees must have higher or additional education in the field of procurement.
3. Place plans and plans - procurement schedules in the Unified Information System.
4. Prepare and post procurement documentation (choose the correct method for determining the NMCC). This must be done taking into account the national regime and all existing bans on the supply of imported products.
5. Make a purchase. Depending on how the supplier is determined, the customer must publish intermediate and final protocols. In the auction - a protocol for the consideration of the first parts of applications, a protocol for summing up the results of the auction, in a request for quotations - a protocol for the consideration and evaluation of applications for participation. It is necessary to strictly adhere to the deadlines for posting documents. Administrative liability is provided for violation of deadlines.
6. Sign contract. The EIS library already has several standard contracts for certain types of procurement items. The development of the contract is carried out by the contract service of the customer or the contract manager.
7. Accept the product/work/service.
8. Pay for the contract and post reports.

If the winner avoids concluding a contract, the customer is obliged to submit information to the FAS. FAS, in turn, decides to include such a supplier in the register of unscrupulous suppliers.

Customer reporting under 44-FZ

The customer is obliged to publish a report in the Unified Information System:

• By volume of purchases from SMP and SONKO. The procedure and form of the report are regulated by Decree of the Government of the Russian Federation No. 238 of March 17, 2015.
• For completed contracts. The form and procedure for submitting the report is described in Government Decree No. 1093 of November 28, 2013. The report must be accompanied by the results of the examination and a document confirming the acceptance of the results in accordance with Part 10 of Art. 94 of Law No. 44-FZ. Separate reporting is provided for the register of contracts (Article 103 of Law No. 44-FZ) and separate reporting for the stages of contract execution (Part 9 of Article 94 of Law No. 44-FZ).
• For purchases from a single supplier, contractor. The customer must justify the need for procurement in this particular way in accordance with Part 3 of Article 93 of Law No. 44-FZ.

Timely placement of the report is the personal responsibility of the contract manager. For violation of deadlines, administrative liability is provided under Art. 7.30 Code of Administrative Offenses of the Russian Federation.

Who can participate in procurement under 44-FZ

According to the requirements of Law No. 44-FZ, procurement participants can be any legal entities and individuals, regardless of their location and legal form, if they comply with the requirements of Article 31 44-FZ.

Cannot participate in procurement persons who:

• have a criminal record under Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation. If anyone from the management team of a participant has an outstanding or unexpunged criminal record under these articles, they cannot participate in government procurement. It is also not allowed to apply “punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities” to a procurement participant in accordance with Part 1 of December 28, 2016;
• were prosecuted under Article 19.28 of the Code of Administrative Offenses of the Russian Federation 2 years before participating in the procurement (Part 2 of Law No. 489-FZ of December 28, 2016);
• are in a state of liquidation, bankruptcy or suspension of activity;
• have debts to the budget to pay taxes, fees, penalties, fines;
• are under the jurisdiction of Turkey or under the direction of Turkish citizens when it comes to the procurement of works and services;
• are offshore companies;
• have a conflict of interest with the customer, its managers, contract manager, and members of the commission. A conflict of interest is understood as the presence of direct family ties.

What does a supplier do to participate in government procurement?

In order to become a participant in government procurement you must:

1. Obtain an electronic signature from a special certification center;
2. Register on the trading platform. Send the organization’s constituent documents to the site operator;
3. Install and configure digital signature;
4. Be accredited on trading platforms according to 44-FZ;
5. Find the procurement of interest independently or with the help of special organizations, familiarize yourself with its requirements, prepare and timely submit an application for participation;
6. Decide on the form of securing the application (contract). If the procurement form allows, using a bank guarantee is more convenient and cheaper. Confirm good faith, if necessary, in the manner prescribed by the procurement method.
7. If you win, sign the contract in a timely manner (submit a protocol of disagreements).

You can participate only after detailed familiarization with the terms of purchase. If any item in the procurement documentation raises questions, you can contact the customer for clarification.

Procurement control

Departmental control. The rules for conducting departmental control in public procurement are regulated by Decree of the Government of the Russian Federation dated February 10, 2014 No. 89. In accordance with Art. 100 of Law No. 44-FZ, departmental control is carried out by:

• government agencies;
• State Atomic Energy Corporation Rosatom;
• State Corporation for Space Activities "Roscosmos";
• management bodies of state extra-budgetary funds;
• municipal authorities.

FAS controls the procurement procedures themselves. Powers to control public procurement are distributed between the Treasury and the Ministry of Economic Development in accordance with Decree of the Government of the Russian Federation of September 30, 2014 No. 996. At the moment, treasury control is under Part 5 of Art. 99 of Law No. 44-FZ suspended in accordance with Decree of the Government of the Russian Federation No. 315 of March 20, 2017:

• for federal customers until 01/01/2018;
• for municipalities and constituent entities of the Russian Federation until 01/01/2019

From July 1, 2017, the Ministry of Economic Development will transfer to the Ministry of Finance all powers to control the UIS and regulate the entire contract system.

Internal control. It is expressed in the fact that the customer must control the execution of the contract by the supplier (Article 101 of Law 44-FZ). Control over the involvement of subcontractors and co-executors also lies with the customer. The customer determines the control methods himself; they are not prescribed by law.

Public control. Implemented in the ability of citizens, public associations and associations of legal entities to publicly discuss government procurement and request all documents of interest from customers. Customers are required to deal with such requests in accordance with the general procedure. As part of public control, the following can be carried out:

• independent monitoring;
• assessment of the effectiveness of public procurement.

As part of public control, a third party, not being a procurement participant, can file a complaint with the supervisory authority.

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07 April 2017, 12:39, question No. 1600668 Alexander, Naro-Fominsk

Application of 44-FZ from 01/01/2017, for municipal unitary enterprises

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04 October 2016, 15:21, question No. 1396870 Svetlana, Kaliningrad

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The term for placing a contract with a single supplier in accordance with Part 2 of Art. 93 Law No. 44-FZ

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Form or examination form for government procurement 44-FZ

form or form or example of examination for public procurement 44-FZ procurement for major repairs of a building

December 30, 2014, 18:07, question No. 672377 Salbiy, Krasnogvardeyskoye

Today, all issues related to the placement of government orders are regulated by the Law on the Contract System - 44-FZ.

Any legal entity or individual entrepreneur can be a participant in the placement of a state order. Only those registered in offshore zones will not be allowed to purchase. The list of these zones is regularly updated by the Ministry of Finance. At the beginning of 2019, this list included 42 states.

Let's look in more detail at what options for placing an order are provided for the customer in the contract system, as well as in which he can take part.

Methods for placing orders under 44 Federal Laws

Available for budget institutions:

• competitive (for example, competition);
• non-competitive (for example, purchasing from a single supplier);
• remote (electronic auction);
• for a limited circle (closed competition)

procedures for identifying a supplier.

All these methods of choosing a winner were introduced by the law on placing orders No. 94-FZ more than 12 years ago. However, they are currently adjusted by 44-FZ.

All options for placing a government order (also known as methods for selecting a supplier) can be represented by such a diagram.

Non-competitive method of selecting a performer

Of the above methods of placing an order, only purchasing from a single supplier is a non-competitive method of selecting a contractor. Law 94-FZ allowed it in 37 cases. According to the rules in force at the beginning of 2019, there are 54 such cases.

The services of a single supplier are resorted to when purchasing goods and services from subjects of natural monopolies, works from authors of artistic works or copyright holders, and concluding contracts by order of the government or the president. The full list is presented in Art. 93 of Law 44-FZ.

Purchasing from a single supplier requires less organizational, time and material costs compared to competitive methods. Therefore, regulatory authorities ensure that customers do not abuse this opportunity.

Competitive ways to select a performer

The most common competitive procurement method is an electronic auction. This type of selection is remote (carried out on electronic platforms), is not limited in price and is carried out in accordance with Art. 59 of the Law “On the Contract System”. It is mandatory if services, works or goods listed in Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r are purchased for the needs of the state. Among them:

• food and drinks;
• tobacco products;
• textiles and clothing;
• leather and leather products;
• wood and products made from it (except furniture);
• paper and products made from it;
• petroleum products;
• coal;
• chemical products and substances.

It is also possible to place an order through a competition. This is another competitive method of supplier selection. It can be open or limited participation, or two-stage. The most common of them can be considered an open competition. Nowadays it is mandatory to establish a requirement to secure the application in the documentation. It must be accepted both in the form of a bank guarantee and in the form of real cash. In addition, compared to 94-FZ, they differ:

• minimum deadlines for submitting applications (not thirty days, but twenty);
• terms for which it is possible to extend the period for accepting proposals (at least 10 days, instead of at least 20);
• procedure for concluding a contract if one application has been submitted or remains (approval required).

When conducting a request for quotations, an important point is the initial maximum contract price (IMCP). When it exceeds half a million rubles, the customer is prohibited from choosing a supplier using this method. This rule can only be violated by customers who work in a foreign country.

As for the request for quotes, after 44-FZ came into force, the customer had the opportunity to make changes to the notice. The main limitation is that these adjustments should not be related to the procurement object. In addition, bid openings are now held publicly.

We will clearly show the features of each option for selecting a performer in the diagram.

Brought major changes. The new law added an auction list regulating the purchase of goods through an electronic auction. FZ-44 introduced the Unified Information System. Some of the changes affected procurement planning. The approach to their formation and timing has changed, and the possibility of public discussion has been added.

Federal Law-44 “On Government Procurement” is a document that regulates the system for processing and placing government orders for bidding, using a purchasing system available to both the buyer and the supplier. The document is intended to establish a system for purchasing goods of municipal and state importance.

According to Federal Law 44, customers must create annual procurement schedules, placing them in a single information database for maximum transparency of the process. For goods sold worth more than 1 billion rubles, a condition of mandatory public discussion is imposed. In general, public control has been introduced.

In the executive part of orders, the new law has introduced diversity in their placement. Orders can be placed electronically, on a competitive basis, during closed auctions, etc. Contracts for orders are now supervised by banking organizations. The procedure for their amendment and termination has been changed.

According to Federal Law 44, restrictions are imposed on foreign purchases.

Download FZ-44

Federal Law 44 “On Public Procurement” in the latest edition with comments, available at. The document also contains notes related to changes in the law.

Placing orders

Changes in the law on placing orders mainly affected schedules. The formation of schedules must be done in advance. They are posted by customers on the official website, based on the procedure approved by the Ministry of Economic Development and the Treasury of the Russian Federation.

According to the law, changes to the schedule are made only if there is a change of more than 10% of the cost of goods planned for purchase. To make changes, you must indicate the reasons.

Procurement for municipal needs under 44-FZ

According to 44-FZ, procurement for municipal needs is a process, a set of actions, agreed upon by Federal Law, aimed at meeting state or municipal needs. Any legal entity can become a participant in the transaction; the customer is any government agency. The main change affecting procurement was mandatory public discussion, with a purchase amount of 1 billion rubles or more.

The new law provides for only a few cases when procurement can take place without public discussion:

• with closed determination of suppliers;
• within the framework of defense government orders;
• when purchasing through an electronic auction;
• for purchases that are sold as humanitarian aid.

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.
• Purchases of 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.
• Purchasing free legal assistance or defense in court.
• Procurement of election commissions for elections and referendums.
• Payment for participation in procurement.

Who adopts legal acts under 44-FZ?

• President of 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- a legal or natural person, including individual entrepreneurs, who participates in the procurement and supplies 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 apply to participate in procurement on electronic trading platforms. In cases determined by the government, electronic document flow may also pass through the Unified Information System. All documents are signed electronically:

• Customers receive an electronic signature free of charge 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 uses qualified signatures in public procurement. Suppliers can obtain a signature from an accredited certification authority.

National regime

The national regime was introduced to give advantages to suppliers of 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.