Interested in government procurement for dummies in Russia in 2019? We will find out what are the stages of their implementation, how to become a member and on which sites to register.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and IS FREE!
Although out of the corner of your ear, almost everyone has heard about the public procurement system. But even now, most entrepreneurs treat it with caution.
But all that is required in order to participate in public procurement is to take some simple preliminary steps.
Information on public procurement is available on all official Internet resources. You can try to understand the presented data yourself. You can also ask for help from a specialist-buyer.
State tenders can bring not only, but also prestige. Both a large enterprise and an ordinary individual entrepreneur or individual can become their participants.
What is it for the supplier:
A tender or purchase is a procedure in which a supplier selects a product or service or a contractor on a competitive basis.
The choice is made based on the proposals of the participating persons. The terms of the tender are determined in advance.
The main principles of tenders are that they are competitive, fair and efficient.
Public procurement is a system of placing orders for goods, services for municipal or state needs.
State and municipal orders are numerous, but most of small ones that do not exceed 1 million rubles.
Due to this, not only large firms, but also representatives of small businesses can become participants.
Suppliers that represent small businesses or are non-profit enterprises should be aware of the existing quota - at least 15% of the total annual public procurement should be made by the customer ().
State procurements produced on special portals, each of which is an electronic trading platform, which is selected by order of the Ministry of Economic Development.
All information about the auctions that are being held is presented on the official page for placing orders for the supply of goods.
A customer under the contract system can be a state or municipal body, a state or budgetary institution. Orders are available, which means that they can be reviewed by all interested suppliers.
There are not only government sites, but also other sites where information is collected and tenders of a commercial and government nature.
Some are free, some will provide access at a certain rate, offering training and support accompanied by a tender.
When conducting public procurement, persons must rely on the provisions.
If we are talking about state corporations, subjects of natural monopoly, an economic company, including a subsidiary, with a state participation of more than 50 percent, and some other firms, the norms are relevant.
Such purchases are also considered state. Sometimes the term "corporate purchases" is used.
There is also such a type of procurement as commercial, which is represented by tenders organized by other enterprises that do not fall under the aforementioned legislative documents.
The options by which the supplier is determined are specified in . The method may be competitive or non-competitive.
In the second case, we are talking about purchases from one supplier / contractor. The competitive classification is as follows:
If public procurement is open, then information about them is communicated by customers to persons without restrictions. The requirements for each participant are the same.
With a closed method for determining suppliers, a limited number of companies are invited, which are selected according to certain requirements.
The closed method is applicable if:
Most often, public procurement takes the form of an electronic auction, open tender and purchase from a single supplier.
If the norms of Federal Law No. 223 are applicable to the customer, then he has more opportunities. In addition to the competitive method of procurement, procurement is also carried out from a single supplier.
When exactly this option is possible, it is indicated in the legislation, since there is a corruption risk.
Actual regulations:
With such a procedure as electronic auctions, the price is reduced with each subsequent offer. So the winner will be the participant who offers the lowest price.
The auction is carried out by operators (ETP). Any legal or individual, which:
It is not difficult to prove your right to participate in the tender - you just need to declare the fact that the company meets the established requirements.
Government customers do not check the information and do not write requests. On behalf of the company, a member can be a manager or a trusted employee of the company.
If the enterprise is large, a tender department may be set up to monitor and prepare tenders that have been approved by management.
To gain access to the auction, it is worthwhile to obtain accreditation in advance at the site where it is held. Collect certain documents and receive a sample electronic signature at the Certificate Authority.
How accreditation is carried out is described on the website of the site. To participate in tenders, certain documents are prepared, taking into account the requirements of customers.
The application is sent within the specified time. The competition is held in electronic format, at the request for quotations or on "paper" (when the application is submitted in a sealed envelope).
Although it is possible to accept applications in both ways. Envelopes are opened and access to electronic applications is opened at the same moment.
The commission evaluates the applications and determines the winner. In the competition, the winner can be the person who offers Better conditions– availability of experience, guarantees for the delivered goods and other criteria are important.
We describe the procedure that companies and individuals wishing to participate in the auction must follow:
| The first step is to obtain a digital signature | If you do not have it, then you will not be able to become a participant in the auction. This sample signature has the same legal effect as a regular signature on a paper document. sells special center |
| Next, you should register on the portal zakupki.gov.ru | Since information about existing orders is collected there. But this site is used only for registration, participation itself is carried out through special electronic platforms |
| Register on any e-platform | You don't have to pay anything for this. Come up with a username and password to enter your account, go through accreditation. Scan certificates, upload them and wait for your candidacy to be approved. Scroll required documents is on the portal. If you are, then an extract from, a copy of the passport is provided. LLC must provide a larger package of documentation |
| The application is checked by the platform staff within 5 days | If an error is found in one of the documents, you will have to register again. Please note that if you want to register on several sites, the registration procedure must be completed on each of them |
| When is accreditation completed? | You can start looking for suitable purchases. At the same time, it is worth studying all the proposed conditions, and then submit applications. Before the application is submitted, a certain amount is paid. To apply, you need to know how to properly prepare it. It should consist of 2 parts, one of which is anonymous (this is the consent to deliver the goods). The second part contains the participant's data, lists the documents confirming that the participant meets the requirements. When the deadline for submitting applications expires, customers will form protocols for consideration of 1 part of each application |
| Next, at the set time, go to the portal and take part in the competition | Offer an amount that will be beneficial to you and the customer, and this way you can become a winner. Then an agreement can be made. |
Consider some of the features of participation. To find the right auction, you should review the information on the official all-Russian website.
Information will be posted 7-20 days before the end of accepting applications from participants. The initial maximum price is taken into account.
In the Russian Federation there are such electronic platforms:
Each site has auction registries and a search form. The address of an authorized certification center where you can obtain an electronic digital signature, look at the portal www.zakupki.gov.ru.
You can get a signature in a couple of days. In the event that the operator refuses to accept your application, he must justify his decision, indicating what errors were made.
None of the sites sets restrictions on the passage of accreditation. But it is worth remembering that consideration of each application is carried out within 5 days.
Now let's talk about the amount of the contribution. Funds should be transferred to an account on one of the trading platforms.
If persons belonging to small businesses participate, then the payment amount will be 2 percent of the maximum initial price.
In other cases, pay 5 percent. When the auction is over, the amount will be unlocked, and it will be possible to withdraw money from the account.
When participating in an auction, you should pay attention to the time left before the end and the steps of the auctions.
Video: 5 problems for new bidders
Steps are set at the legislative level - 0.5% of the cost, which was originally set. Each time the bidder has 10 minutes to consider whether or not to bid.
If the auction is open, bidders may not bid for a contract that is greater than the amount previously bid. But the cost cannot be zero. But do not deviate from the established step.
If within 10 minutes no one has offered their price, the auction ends. Next, a protocol is formed with the result of the auction. The winner is sent a contract, which is signed on time.
Federal Law No. 223 is intended to regulate the procedure for making purchases by certain types of legal entities. This law governs general principles procurement. 223-FZ involves the independent development by the customer of a procurement provision for his own organization.
According to law No. 223, the following can act as a customer:
Both legal entities and individuals, including individual entrepreneurs, can act as a supplier (participant).
Electronic auctions are held on any ETP with any conditions of participation at the discretion of the customer. At the same time, the customer has the right to independently set the terms for the purchase and fulfillment of the order, therefore, the tenderers must study the Regulations on the purchase of a specific customer before submitting an application. Also, the customer has the right to independently determine the size and method of securing the contract, as well as change the terms of the contract, having previously agreed them with the supplier.
Federal Law No. 223 provides for two methods for selecting suppliers' proposals - an auction and a tender held in electronic form. Electronic auctions are held in open or closed forms. To conduct an open auction, it is necessary to publish information about it in the customer's procurement schedule on the public procurement website. Any organization registered on the trading platform can participate in an open auction. In the case of a closed auction, there is no need to publish information about it in the schedule. Moreover, only companies invited by the customer can take part in the closed auction.
In this regard, 223-FZ defines restrictions on holding such auctions. A closed auction is held in the event of a transaction involving state secrets or in cases where the form for determining the supplier is directly provided for by the relevant decisions of the Government of the Russian Federation. Also, the customer may not post information about the purchase, the cost of which does not exceed a certain amount.
The rules of the auction are determined by the customer. Auctions may be held in one or several stages, if the tender is for complex works, goods or services. The customer determines the timing of the auction. An electronic tender can be carried out both in a fixed period and with an extension of the auction due to new proposals from suppliers. The auction step can also be fixed (a certain amount or percentage of the transaction) or non-fixed (a certain range of amounts, or a range of percentages from the transaction). In this case, the auction step can be reduced.
Procurement Regulation- This is a document that marks the beginning of the procurement activities of the customer. The document prescribes the method of procurement, the plan for its preparation and maintenance, the rules for concluding and executing the contract, as well as the list of purchased works (goods or services). This provision is published on the public procurement website.
Procurement plan drawn up for a period of at least 1 year. The plan is placed in the open part of the site zakupki.gov.ru and contains information about the purchase and the date of its delivery (taking into account the time period for completing the procurement procedure). The annual procurement plan is divided into periods: monthly or quarterly.
Purchase Notice is formed by the customer in his personal account on zakupki.gov.ru using the functionality of the official public procurement website.
purchase documentation, including the draft contract must be published in electronic form on the public procurement website.
According to the law, the establishment of a contract security is not a mandatory condition, however, the customer may require a security guarantee at his discretion. In practice, it is customary to secure the contract by transferring a security deposit to the customer's account or providing a bank guarantee. All requirements and methods of providing a guarantee must be set out in the Procurement Regulations. Since collateral is an inefficient diversion of funds from the company, most e-bidders prefer to use a bank guarantee to secure a contract.
Price request- this is the procedure for determining the supplier by accepting bids from participants. The request for price quotations is a competitive way of making a purchase, in which the customer informs potential suppliers about the need for goods (services or works) by sending notifications electronically.
Request for quotations can be carried out in case of a not too expensive delivery and subject to sending a notice to at least three suppliers. The tender is considered valid if three or more participating companies have applied for participation. If the tender did not take place, then the request for proposals begins anew or a purchase is made from a single supplier, provided that such a requirement is indicated in the Regulations. The winner is determined by a special commission, which compares the reasonable price and the timing of the order.
Request for proposals is created by the customer by determining the conditions for the acquisition of goods (services or works), their quality and requirements for the supplier. The generated request is sent to the procurement participants in the form of a notification. Further, the customer receives applications for participation in the procurement from potential suppliers and conducts their consideration by a special commission. Information on the result of the request for proposals is subject to mandatory publication on the customer's website in the public domain, after which a contract is concluded with the winner of the request.
The customer can issue a refusal to conduct a request for quotations or a request for proposals at any stage before the conclusion of the contract without reimbursement to the participants (winner) of the costs incurred in connection with the procurement procedure. However, this right should not be abused, since the regulatory authorities have the right to require the provision of strong arguments for terminating the procedure for requesting quotations or requesting proposals.
It is worth paying attention to the fact that the law provides for disciplinary, civil and administrative liability for violation of the procurement rules. At the same time, penalties can be imposed both on the procurement participants and on the customer, as well as their officials.
Below is a helpful video:
According to 223-FZ, a customer is an organization in whose authorized capital, in addition to its own funds, there is a state share of 50% or more. The law highlights (part 2 of article 1):
Examples of such organizations include:
Such organizations have large financial resources due to government support. Through procurement activities, they encourage suppliers to participate in tenders, expand their opportunities, and develop competition. Moreover, they must spend money and meet needs efficiently. But there is a risk that such buyers may abuse their position. That is why a separate law, 223-FZ, has been created for such companies.
There are features of how purchases are made by the customer under 223-FZ. The main internal document here is the regulation on procurement (parts 2, 3, article 2), which details the procedure and all stages of such activities. The document is published in the EIS within 15 days after approval.
The obligation to purchase part of the products from small and medium-sized businesses remains (clause 2, part 8, article 3). There should be a section on this in the plan.
The law also stipulates the rights of the customer:
Suppliers, executive authorities of the constituent entities of the Russian Federation and the Corporation for the Development of Small and Medium Enterprises can apply to the Federal Antimonopoly Service (part 10 of article 3) to file a complaint under 223-FZ against the actions of the customer if:
In general, the algorithm for filing a complaint will be similar to the norms of Law No. 44.
Cases of violations are considered by the FAS (Article 23.83 of the Code of Administrative Offenses of the Russian Federation). The amounts of fines for a particular violation are collected in the table.
|
Violation of 223-FZ |
Amount per official, rub. |
Amount per legal entity, rub. |
The basis for the Code of Administrative Offenses |
|---|---|---|---|
|
The procurement was not carried out in electronic form, when it should have been carried out in electronic |
From 10,000 to 30,000 |
From 100,000 to 300,000 |
Part 1 Art. 7.32.3 |
| The procurement was not carried out in electronic form, when it should have been carried out in electronic form, by an official who was previously subjected to administrative punishment more than twice | 40,000 to 50,000 or suspension from office for a period of six months to one year | — | Part 2 Art. 7.32.3 |
| The purchase was carried out in accordance with 223-FZ, although it had to be carried out in accordance with 44-FZ | From 20,000 to 30,000 | From 50,000 to 100,000 | Part 3 Art. 7.32.3 |
|
Violated the terms of publication of information on procurement |
2000 to 5000 |
From 10,000 to 30,000 |
Ch. 4 Art. 7.32.3 |
| Procurement information not posted in EIS | From 30,000 to 50,000 | From 100,000 to 300,000 | Ch. 5 Art. 7.32.3 |
|
Violated the deadlines for publishing changes |
From 5,000 to 10,000 | From 10,000 to 30,000 | Ch. 6 Art. 7.32.3 |
|
Approved documentation that does not comply with the law |
2000 to 3000 |
From 5,000 to 10,000 |
Ch. 7 Art. 7.32.3 |
|
Rejected the participant, evaluated and considered applications based on requirements and criteria that are not provided by the documentation |
2000 to 3000 |
From 5,000 to 10,000 |
Ch. 8 Art. 7.32.3 |
|
Incorrectly sent information about dishonest participants to the RNP |
From 10,000 to 15,000 |
From 30,000 to 50,000 |
Art. 19.7.2-1 |
|
Did not comply with the instructions of the regulatory authority (FAS) |
From 30,000 to 50,000 |
From 300,000 to 500,000 |
Ch. 7.2 Art. 19.5 |
Read more about when they will be fined in the article.
On November 8, 2018, the Federal Antimonopoly Service posted a draft Federal Law on the official website of draft regulations. The project establishes administrative, including for delaying payment. You will find a table of new punishments in the article.
In 2011 the State Duma Russian Federation A federal law regulating the procurement of goods, works and other types of services by legal entities was approved. This legislative act received the number 223-FZ and came into force in 2012. The meaning of the adopted law is to regulate the procedure for the purchase of various goods and services by legal organizations of certain categories.
223-FZ on procurement, in contrast to 44-FZ, gives legal entities certain freedom in the conditions of tenders and the choice of procurement options. This law is aimed at developing the tender system, supporting small businesses, eradicating corruption schemes and bringing new players to the public procurement market.
Download the text of federal law 223 "On the procurement of goods, works, services by certain types of legal entities" with the latest changes and comments.
This legislative decision has fundamental features aimed at successful regulation and monitoring of procurement. The key goals of the law are:
The principles of 223-FZ have greatly improved the position of small enterprises. In addition, thanks to this law, it was possible to achieve transparency in all operations and diversify suppliers.
The law regulating the procurement of goods and services between certain types of legal entities has 8 main articles:
The legislative document defines the activities of the following groups of legal entities:
State corporations and objects of natural monopolies with a state share of participation of more than 50%.
Subsidiaries of the above companies.
Budgetary organizations that buy goods and services at the expense of financial grants, their own funds or through the involvement of third parties.
An exception that goes beyond the regulation of 223-FZ is the purchase and sale valuable papers, precious metals and others.
For the convenience of comparing two similar laws, the following table can be compiled:
| Comparison criterion | Federal Law No. 44 | Federal Law 223-FZ |
| Who can act as a customer and supplier. | All budgetary organizations can act as customers. Suppliers can be individual entrepreneurs, individuals and legal entities. | The customers are companies with a state share of 50 percent or more, budget organizations that organize their own tenders without attracting public money. Suppliers - individual entrepreneurs, individuals and legal entities. |
| Permitted methods of conducting procurement activities. | The law allows procurement through: tender, auction, request for quotation, request for proposals. It is possible to conclude a supply contract with a single supplier. | Procurement is carried out by auction or tender. These can be both closed and open forms of procurement events. Limited competitions and requests for quotations are also allowed. The buyer himself has the right to choose the appropriate method. The law allows for non-competitive purchases, subject to mandatory justification of the choice. The only supplier under 223-FZ is possible only as an exception. |
| Conditions for the implementation of agreements. | 44-FZ requires mandatory enforcement of contractual obligations. In addition, according to the law, if the cost of work exceeds 50,000,000 rubles, the cost of the security should be from 30% to 50% of the total amount. If the contract with the supplier is drawn up for a smaller amount, then the costs of collateral will range from 5% to 30%. | According to 223-FZ, all decisions regarding the amount of security and other points are made directly by the customer. |
| Possibility of making changes or complete termination of the contract. | It is not possible to make significant changes to the contract after it is signed by the parties. Termination of the contract is possible on the terms described in the tender documentation. | The contract under 223-FZ may undergo any changes, subject to the mandatory indication of this feature in the procurement regulations. |
| anti-dumping sanctions. | Article 37 of Law No. 44 provides for the mandatory application of anti-dumping measures. | Anti-dumping measures are not provided for in the text of the law 223-fz, however, they can be introduced at the discretion of the customer. |
| Possibility of appealing the actions of the customer. | The completed complaint is transferred to the FAS. After that, within two days, it is published on the procurement website and then reviewed by service specialists within five working days. Absolutely all purchases made under 44 Federal Laws are subject to a similar rule. | It is possible to file a complaint with the FAS, however, for this, such a feature must be stipulated in the contract. |
Thus, the key differences between federal law 223-fz are:
A bank guarantee under 223-FZ can be of three different types:
According to the text of federal law 223-FZ, all bank guarantees must be:
The amount provided under bank guarantees is individual in each individual case.
In accordance with the law 223-fz, bank guarantees cannot exceed 10% of overall indicator bank capital.
The key factors influencing the cost of guarantees are the terms of provision and the presence or absence of the necessary security.
Typically to reduce cost bank guarantees you can open a bank account and provide collateral in the form of bills or deposits.
To make purchases under the law 223-FZ, you need to take the following steps:
Appearance personal account on the website zakupki.gov.ru is shown in the figure below:
Regulation on 223-FZ without fail contains the following information:
From October 01, 2018, to participate in trading on any electronic trading platform approved for procurement under 44-FZ, you must have a special account with an authorized bank. Familiarize yourself with the offers of banks on special accounts and bank guarantees
Law 223-FZ allows not to have all procurement information in a single information system in the following cases:
The latest version of 223-FZ 2018 allows you not to disclose information regarding the transfer of rights to real estate and certain financial services. So, now, according to 223-FZ, it is not necessary to submit data to a single information system on raising funds from individuals, obtaining credit funds, etc.
The key terms operated by federal law 223-fz are most conveniently placed in the table:
| Type of documentation | Submission deadline | Relevant link to law | |
| Article | Part | ||
| Statement of Proposed Purchases | Up to fifteen days from the date of signing. | 4 | 1 |
| Changes made to the original document. | Up to fifteen days from the date of approval. | 4 | 1 |
| Submission of information on the conduct of procurement events. | In the case of an auction or competition: a minimum of twenty days from the end of the application period. With other methods of procurement, the terms are regulated in accordance with the position of the customer. | 3 | 2 |
| Corrected notice. | For three days. | 4 | 11 |
| Information about necessary purchases. | Submitted along with the notice. | 3 | 2 |
| Interpretation of the features of the contract. | within three days of the request. | 4 | 11 |
| Approved protocols on the completion of a certain stage of procurement activities. | No more than three days after signing. | 4 | 12 |
| final protocol. | Within three days from the date of its compilation. | 4 | 12 |
| Signed contract. | No more than three days from the moment of sighting by both parties. | 4.1 | 2 |
| Changes to the contract. | Up to ten days from the date of the decision. | 4.1 | 2 |
| Report. | Until the tenth day of the month following the reporting month | 4 | 19 |
Note! In the event of technical malfunctions during the publication of documents in the EIS, the deadlines for submitting documents are shifted by one business day from the moment the technical problems are resolved.
At the end of last year The State Duma adopted a number of amendments to the federal law 223-FZ. These changes affected, first of all, suppliers and electronic trading platforms. Among the main amendments of the law are:
A more complete list of key changes in 2018 can be found by studying the 223-FZ with the latest changes, which is available at the link:
Starting from 2018, small and medium-sized businesses will be able to participate in procurement with the following conditions:
Until 2018, a complaint to the front under 223-FZ was made approximately according to the following scenario:
After the implementation of the amendments, a limited list of grounds for filing complaints appeared. Now you can complain to the FAS if:
Until 2018, a complaint to the FAS became the reason for organizing an antimonopoly audit of the entire organization. For example, when filing a complaint about the provisions on technical documentation, the FAS also checked other documents. Even if the antimonopoly service could not find violations in the technical documentation, but found a violation in, for example, procurement plans, the order was still issued.
In connection with the appearance of Part 13 of Article 3 of Law No. 223, consideration of the complaint will be limited to the arguments contained in it. That is, now the FAS, upon detection of violations unrelated to the complaint, will not have the right to issue instructions on them.
The Register of Unscrupulous Suppliers is a list of organizations that have violated key aspects of Law 223-FZ or Law No. 44. The lion's share of all customers works exclusively with organizations that are not included in the register.
Among the main reasons why an organization can be placed on the list of fines are:
A complete list of organizations included in the register of unscrupulous suppliers can be found at http://www.zakupki.gov.ru/epz/dishonestsupplier/quicksearch/search.html.
As you can see from the screenshot, the site dedicated to public procurement has a convenient search. When drawing up contracts with organizations, customers are advised to check their counterparty on this list to ensure its reliability. If, during the search, it suddenly turns out that the partner is among unscrupulous suppliers under 223-FZ, then perhaps you should look for another organization for procurement.
After the regulatory body decides to enter the organization into the register of unscrupulous suppliers, the following information is published:
Thus, we can conclude that the execution of the contract under 223-FZ is a necessity. In case of gross violations of the terms of the contract, an organization or an individual runs the risk of being included in the register of unscrupulous suppliers and leaving the public procurement market for a long time.
At the moment, the only way to quickly get out of the register of unscrupulous suppliers is to appeal the FAS decision in court. Judicial practice has a huge number of cases when an organization was able to successfully prove its case, quickly left the register and successfully continued to participate in procurement activities.
In all other cases, organizations included in the register of unscrupulous suppliers will automatically leave the lists of unreliable companies after two years from the date of entry into the register.
Federal Law 223 on public procurement regulates the procedure for conducting procurement activities by certain types of legal entities. Key Features of this Law 223-FZ became the transparency of transactions, the efficient use of financial resources and the possibility of participation of all business entities in competitions and tenders.
Federal law number 223 is a great opportunity for small businesses to participate in the purchases of large corporations. Relatively simple rules participation in competitions and a simple system for filing electronic applications makes it easy to compete for the supply of goods or services.
Illustration: Pravo.ru/Petr Kozlov
Innovations in the law on procurement will significantly change the procedures for 223-FZ. All purchases will be divided into competitive and non-competitive. Priority will be given to the first, which will be conducted mainly in electronic form. The regulations give the customer new responsibilities. In particular, rules have been added on how to describe the subject of the purchase. The main trend is convergence with the stricter rules of the Law on Public Procurement 44-FZ.
On July 1, significant amendments to Law No. 223-FZ came into force, which regulates the procurement of state corporations, unitary enterprises and other commercial organizations with state participation of more than 50%. The main innovation is that purchases will be divided into competitive and non-competitive. In competitive notices, as a rule, they will be placed in the unified information system (UIS), and such purchases themselves will become electronic by default. An exception is if the customer indicated a different order in the documentation. If only small and medium-sized businesses can participate in the procurement, then the electronic form becomes mandatory, the new law says. He for the first time provided the rules according to which customers should prepare the terms of reference, equated the request for quotations and proposals with the forms of tenders and defined general requirements for them. It also regulates the features of holding auctions and competitions.
The law determined the procedure for conducting competitive purchases in electronic form. Entrepreneurs will have to pass accreditation on new electronic platforms. In order to deposit cash as collateral, the supplier will have to open a special bank account authorized by the Government. According to Kalinina, purchases from small and medium-sized businesses will not start working from July 1, 2018, but only after new site operators begin to operate (tentatively in the fall). As Vedomosti reported, the Government extended the deadline for banks to conclude agreements with sites until January 1, 2019. Large customers do not have time to prepare: round table in the Federation Council, they asked for a few more months to dock their programs with the EIS. Suppliers, in turn, need time to open special bank accounts, Kommersant wrote. Despite the delay, customers already need to take into account the upcoming changes, Kalinina warns.
Previously, most procurement regulations contained an open list of purchases from a single supplier. As a result, state-owned companies carried out a third of purchases in this form. A closed list should improve the situation.
Art De Lex lawyer Anna Bolshakova
In addition, there were rules for describing goods, works or services in competitive procurement:
Instead of the initial (maximum) price of the contract, it will be possible to set the price of a unit of goods and the maximum price of the contract. Another option is the formula for determining the contract price and its maximum value.
According to Kalinina, 223-FZ has ceased to be a framework law that defines only general principles and transfers most issues to the customer. Now the freedom of the customer is significantly limited.
The main trend is the convergence of the rules of the 223rd and more stringent 44th laws. The new restrictions in 223-FZ are largely mechanically written off from the public procurement law 44-FZ, but it has a completely different subject of regulation.
DS Law Partner Maria Kalinina
The trend is visible in the example of the new rules for describing the items of purchase. They are written off from 44-FZ, but are not adapted to the specifics of corporate procurement, continues partner DS Law. But in general, she advocates restricting the rights of corporate customers: “Until now, it was a very uncompetitive market, where it was customary to fish in troubled waters.”
Suppliers should now prepare new procurement regulations that would meet all the requirements of the new edition of 223-FZ. “Our lawyers help joint-stock companies, autonomous institutions and other corporate customers to be in time by July 1,” Kalinina shared. But not everyone is doing it. In this case, they will be spurred on by complaints from suppliers when the changes go into effect.”
