Open competition on 223 federal laws terms of carrying out. Electronic trading platforms - news. Invalid and failed bidding

Description of the tender in the procurement regulations

The competition is held if the price is not the only criterion for choosing the winner. There must be at least two evaluation criteria. Minimum term acceptance of applications - 20 days.

Basic distinctive feature competition is the stage of evaluation and comparison of bids, at which the procurement commission ranks the bids of participants in accordance with the order specified in the documentation.

The procedure for holding a tender, evaluating and comparing applications, concluding an agreement is not regulated by Law No. 223-FZ.

The customer determines the tender procedure in the procurement regulations independently.

When holding a competition under 223-FZ, a competition commission must be created.

The composition of the commission may change, if necessary, from purchase to purchase, may remain constant.

Winner of competition

According to paragraph 4 of Art. 447 of the Civil Code of the Russian Federation, the person who, according to the conclusion of the tender committee appointed in advance by the organizer of the auction, offered the best conditions, is recognized as the winner of the tender.

According to part 2 of Art. 3 of Law No. 223-FZ, the person who offered the best conditions for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing bids, which are established in the tender documentation on the basis of the procurement regulation, is recognized as the winner of the tender at the tender.

Inclusion of tender in the procurement plan

Before the competition is held, it must be included in, which, as you know, can be adjusted during the year.

Government Decree No. 932 of September 17, 2012 “On approval of the Rules for the formation of a plan for the procurement of goods (works, services) and requirements for the form of such a plan”: “8. The procurement plan may be adjusted, among other things, in the following cases:

a) changes in the need for GWS, including the timing of their acquisition, the method of procurement and the deadline for the execution of the contract;

b) changes by more than 10 percent of the cost of GWS planned for acquisition;

c) in other cases established by the procurement regulations and other documents of the customer.

If the purchase of goods (works, services) is carried out by holding a tender or auction, changes to the procurement plan are carried out no later than posting on the official website Russian Federation in the information and telecommunications network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services, procurement notices, procurement documentation or changes made to them.

Thus, in the event of a plan adjustment, 2 documents should be posted on the official website:

• Procurement plan in new edition(clause 6 of PP No. 908)
• A document containing a list of changes to the plan (clause 5 of PP No. 908).

Procurement of goods, works, services not provided for by the plan cannot be carried out.

Development of tender documentation

The customer has the right to establish that a fee is charged for the provision of documentation on paper. In this case, it is necessary to determine in the documentation the amount, terms and procedure for making such a fee.

On the basis of paragraph 10, part 10 of Art. 4 of Law No. 223-FZ, the documentation determines the procedure for providing clarifications to the provisions of the documentation.

Usually the documentation consists of several parts:

• General part (the same for all purchases)
• Information card
• Specifications (TK)
• Draft contracts for each lot
• Participant Forms

The procedure for providing tender documentation is determined in the notice of the tender. It must be indicated that the documentation is provided in Russian.

Requirements for a notice of purchase in accordance with part 9 of article 4 of Law No. 223-FZ.

223-FZ establishes requirements for the content of the notice and documentation.

The notice of purchase must contain the following information:

1. Procurement method (open tender, open auction or other method provided for by the procurement regulations).

2. Name, location, mailing address, email address, contact phone number of the customer.

3. The subject of the contract, indicating the quantity of goods supplied, the volume of work performed, services rendered.

4. Place of delivery of goods, performance of work, provision of services.

6. Deadline, place and procedure for providing procurement documentation. The amount, procedure and terms for paying the fee charged by the customer for the provision of documentation, if such a fee is established by the customer, with the exception of cases where documentation is provided in the form of an electronic document.

7. Place and date of consideration of proposals of procurement participants.

According to part 10 of Art. 4 of Law No. 223-FZ, the documentation must contain the following information:

1. Quality requirements set by the customer, technical specifications goods, works, services, their safety, functional characteristics (consumer properties) of goods, dimensions, packaging, shipment of goods, results of work and other requirements related to determining the conformity of the goods supplied, work performed, services provided to the needs of the customer.

2. Requirements for the content, form, execution and composition of the application for participation in the procurement.

3. Requirements for the description by the procurement participants of the supplied goods, which are the subject of procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, the requirements for the description by the procurement participants of the work performed, the service provided, which are the subject of procurement, their quantitative and qualitative characteristics .

4. Place, conditions and terms (periods) of delivery of goods, performance of work, provision of services.

5. Information about the initial (maximum) contract price (lot price).

6. Form, terms and procedure for payment for goods, work, services.

7. The procedure for forming the price of the contract (price of the lot) (including or excluding the costs of transportation, insurance, payment customs duties, taxes and other obligatory payments).

8. Procedure, place, start date and end date of the deadline for filing applications for participation in the procurement.

9. Requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements.

10. Forms, procedure, start date and end date for providing the procurement participants with clarifications of the provisions of the procurement documentation.

11. Place and date of consideration of the proposals of the procurement participants and summing up the results of the procurement.

12. Criteria for evaluating and comparing applications for participation in the procurement.

13. The procedure for evaluating and comparing applications for participation in the procurement.

In some cases, the customer, according to 223-FZ, has the right to indicate a specific trademark purchased products without the possibility of supplying equivalents.

Example: Resolution of the Fifteenth Arbitration Court dated September 9, 2013 No. 15 AP-11903/2013. The customer indicated in the documentation the subject of the contract: lubricants for cars of the SHELL brand. The supplier indicated the same in his application. However, after he was announced as the winner, he sent the customer a draft contract indicating the subject of the contract: Lotos Oil. The customer recognized the supplier as evading the conclusion of the contract, the supplier filed a lawsuit in court. The court found that the documentation did not provide for the supply of analogues, the customer had a need for a specific product.

If a customer under 223-FZ purchases a “trademark or equivalent”, but has not established equivalence parameters, it will be necessary to prove, for example, that citrus gingerbread is not equivalent to cranberry gingerbread. Example: Resolution of the Eighteenth Arbitration Court of Appeal dated August 29, 2013 No. 18AP-8046/2013. The customer has determined that he is purchasing “Gingerbread with cranberry filling “Cranberry” or equivalent”. However, he did not indicate what is the equivalent. The supplier offered citrus gingerbread. The customer rejected the application, the supplier complained to the OFAS, which recognized the complaint as justified. The customer did not agree with the decision of the OFAS and appealed against it in court. The Court found that these products are not equivalent from a medical and dietary point of view. Conclusion: if you do not want to prove the obvious in court, indicate this in the documentation.

Publication of the competition on the ETP and OOS

First, the documentation is published on the electronic platform, and from there it is automatically sent to the official website, but this only happens when electronic platform integrated with the official website. You should pay attention to this in order to be sure that the information is posted on the official website.

Competition in electronic form

Decree of the Government of the Russian Federation of June 21, 2012 No. 616 "On approval of the list of goods, works and services, the purchase of which is carried out in electronic form» determines which goods the customer is obliged to purchase only in electronic form. All other goods the customer can purchase in electronic form and in the usual form.

Decree of the Government of the Russian Federation No. 616 does not apply to procurement in the following cases:

• If the purchase is not subject to placement on the CAB (state secret, decision of the Government).
• If the purchase is made from a single supplier (including purchases up to 100/500 thousand rubles).
• If the need for the purchase arose due to an emergency.

Acceptance of applications

When holding a tender in electronic form using the ETP, the customer does not need to independently accept and register participants' applications - these actions are carried out by the ETP operator.

A notice of a tender or auction is posted in accordance with part 5 of article 4 of Law No. 223-FZ at least twenty days before the deadline for submitting applications for participation in the tender or auction. That is, in fact, the notice is on the site for 22 days. If the procurement regulation does not say anything about whether these are working days or calendar days, then according to the Civil Code of the Russian Federation, the period will be considered in calendar days. The beginning of the term is the next day after the notice is posted. If the last day of the term falls on a non-working day, the expiration date of the term shall be the next working day following it. The term expires at the hour when the corresponding operations are terminated in the organization according to the established rules.

Amendments to the notice and documentation (part 11, article 4 of Law No. 223-FZ).

Changes are posted on the CAB within 3 days from the date of their adoption.

If, during the bidding, changes are made by the customer later than 15 days before the deadline for filing bids, the deadline for submitting bids must be extended so that from the day the changes are posted on the CAB until the deadline for filing bids for participation in the procurement, such a period is at least 15 days .

Opening access to applications

When conducting a competition not in electronic form, this procedure, as a rule, is called "Opening of envelopes with applications of participants". The details of this stage should be spelled out in the Procurement Regulations.

In the electronic competition, the correct name for this stage is "Opening access to applications".

It is recommended that after opening access, draw up and publish on the official website a protocol for opening access, which indicates the number of applications received, the names of participants, the proposed price and other indicators that are evaluation criteria.

Consideration of applications

At the stage of consideration of applications, the customer can send a request for additional documents to participants who have provided unreadable or incomplete information in the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

Winner Selection Steps

Selection criteria

Requirement	Document provided by the participant	Verified information
The correctness of the application and the procedure for its submission	Application, including all documents in its composition	The composition of the application, the correctness of registration
Not exceeding the initial (maximum) price		Bidder price offer
Provision of application security	Payment order, bank guarantee, etc.	Availability of supporting documents
Application validity period		Bidder's proposal for the duration of the application
Absence of a participant in the RNP		The presence of a participant in the RNP

A reasonable requirement is to establish, when purchasing under 223-FZ, such a condition as that the participant in the purchase has a warehouse in his property or other legal possession.

The decision of the Arbitration Court of the Krasnoyarsk Territory dated October 30, 2013 in case No. A33-7770 / 2013 states that additional requirements for procurement participants on experience, business reputation, equipment and material resources, taking into account the specifics of the supply of petroleum products to the regions of the Far North, due to natural and climatic features, are reasonable wishes of the customer.

Refusal to conduct electronic trading

According to Art. 448 of the Civil Code of the Russian Federation, unless otherwise provided by law or notice of the auction, the organizer open auction has the right to refuse to hold the tender no later than 30 days before the date of its holding.

Law No. 223-FZ does not provide for such a provision, the customer can provide for this in the notice.

If the organizer of an open auction refused to hold it in violation of the specified time limits, he is obliged to compensate the participants for the real damage they have suffered.

It is recommended to include the following wording: “The customer has the right to refuse to hold the tender at any time before the selection of the winner of the tender. The notice of refusal to hold the tender is posted by the customer on the official website no later than the day following the day the decision to refuse to hold the tender was made.

In case of refusal to conduct other competitive procedures, the following wording can be included in the Procurement Regulations: “The customer has the right to refuse to conduct a request for quotations at any time before the conclusion of the contract. A notice of refusal to conduct a request for quotations is posted by the customer on the official website no later than the day following the day the decision was made to refuse to conduct a request for quotations.

Rebidding

Rebidding can be carried out only if the Procurement Regulations provide for such a possibility and the procedure for its implementation is prescribed. It is also necessary to indicate in the documentation the possibility of rebidding.

Rebidding can be a fight for first or second place. In public procurement, she completes electronic auction.

Participation in the auction is voluntary.

There can be two forms of rebidding: face-to-face - online auction, correspondence - submission of proposals.

Evaluation and comparison of applications

Approximate evaluation criteria. (At least two evaluation criteria must be established in the procurement documentation.)

1. Contract price. It is a mandatory criterion in all cases.

2. Delivery time of the goods.

3. Terms of payment for goods, works, services. It is used in cases when the customer allows the procurement participants to propose the amount of the advance payment in the application.

4. The term of the provided guarantees of the quality of goods, works, services.

5. Functional characteristics or quality product characteristics.

6. Qualification of the procurement participant:

Provision of material and technical resources;

Availability of human resources;

Degree of implementation operating system quality management.

When purchasing under 223-FZ, the requirement for participants “at least N years of work experience” may be recognized as an unreasonable restriction of competition. In the Resolution of the Sixth Arbitration Court of Appeal No. 06AP-5029/2013 dated 10/17/2013, it is written that the establishment of a work experience period of 3 years is a restriction of competition, since these actions not only restrict, but also prevent newly created enterprises from entering the market, even if , if they have an appropriate production base and production capacity, qualified personnel and material resources.

Evaluation criterion "Price"

Score according to the criterion price of the contract = (minimum offer of the participant / offer of the evaluated participant) * 100 .

Example: NMTs = 100 rubles, the weight of the criterion is 30%.

U1 - 10 rubles. 100 points

U2 - 20 rubles. 50 points

U3 - 80 rubles. 12 points

Evaluation criterion "Delivery time".

Score for the criterion delivery time.

Cmax - 0 points

BCi = (Cmax-Ci/Cmax-Cmin) * 100

C min, or earlier - 100 points

The maximum delivery time is 80 days.

The minimum delivery time is 10 days.

The weight of the criterion is 70%.

U1 - 80 days 0 points

U2 - 50 days 43 points (calculated using the formula (80-50/80 -10) * 100)

Cumulative significance of all criteria = 100 points

If we assume that applications were evaluated by only two criteria, then the following calculations can be made.

Conclusion of an agreement under 223-FZ

Based on the results of the procurement procedure in the form of tenders, the customer is obliged to conclude an agreement with the winner specified in the protocol.

If the customer evades signing the contract, the supplier has the right to apply to the court with a demand for compulsion to conclude the contract, as well as for compensation for losses caused by evading its conclusion.

According to Art. 448 of the Civil Code of the Russian Federation, if the subject of the auction was only the right to conclude an agreement, such an agreement must be signed by the parties no later than 20 days or another period specified in the notice after the completion of the auction and the execution of the protocol.

Who signs the contract first? It doesn't matter unless something specific on the subject is stated in the documentation.

Is it possible to conclude an agreement with a person who has taken “second place”? It is possible in the event that the winner evaded the conclusion of the contract, and the procurement provision provides for the possibility of concluding a contract with the participant who took second place.

The final version of the contract = Draft contract in the customer's documentation + Separate conditions in the participant's application

framework agreement

Contracts concluded before 2012 without volume are subject to 223-FZ.

Each delivery under such a contract = a separate purchase.

Each contract must indicate the number of GWS (clause 3, part 9, article 4 of Law No. 223-FZ).

Output: in the contract, indicate the assortment, price per unit and the maximum volume for each item. Delivery is carried out as the need arises from the customer at the request of the customer.

RNP (Register of dishonest suppliers)

In the event that the winner of the tender or another person obliged to conclude an agreement evades the conclusion of an agreement, information about such a participant, the customer must send to the authorized body for inclusion in the register unscrupulous suppliers in accordance with Decree of the Government of the Russian Federation of November 22, 2012 No. 1211 "On maintaining a register of unscrupulous suppliers, provided for federal law“On Procurement of Goods, Works, Services certain types legal entities"".

The further course of action of the customer in the event of the winner or another person evading the conclusion of the contract should be determined in the Procurement Regulations. It is recommended to provide for the possibility of concluding an agreement with the participant who took second place in the tender, the possibility of conducting the procurement procedure again or concluding an agreement with a single supplier.

Making changes to the contract

The Procurement Regulations should provide for the possibility of changing the terms of the contract: price, volume, terms, product quality.

Changes in price, volume and term must be entered into the CAB.

What should the final protocol contain? (Part 5, Article 4 of Law No. 223-FZ)

Based on the results of the procurement, a final protocol is drawn up, which must necessarily contain information on the volume, price of the purchased goods, works, services and the terms of the contract.

Invalid and failed bidding

Invalid auction (Article 449 of the Civil Code of the Russian Federation):

Carried out in violation of the law

Involve the contract concluded as a result of the auction

Failed auctions (Article 447 of the Civil Code of the Russian Federation) are legitimate. The auction did not take place if:

There are no members

There is only one member

There are several participants, but only one is allowed

Based on the results of the failed auction, an agreement can be concluded with sole member or with a single supplier.

Important issues that the customer should independently determine in his Procurement Regulations:

• What to do with received applications?
• What should I do if I received 2 or more applications from one participant?
• Should the application for participation be in a separate envelope?
• Can the participant change the application? How should it be framed?
• Can a participant withdraw an application? How should it be framed?
• What to do with applications received after the deadline for their submission?
• Should the procedure for opening envelopes be carried out in the presence of procurement participants?
• If the opening procedure is open, what should be included in the documentation?
• Who directly performs the opening of envelopes?

Questions from listeners

Question: Who approves the regulation on the commission?
Answer: This is not regulated by law. Each organization has the right to independently determine who approves the Regulations on the Commission.

Question: Is it necessary to make an audio or video recording of the envelope opening procedure, if the Procurement Regulations say nothing about this?
Answer: No, not necessarily. Laws do not regulate this. But this can be useful to exclude subsequent possible questions from the regulatory authorities.

Question: If the purchase is carried out in the amount of up to 100 thousand rubles, is it necessary to hold a tender?
Answer: This is not regulated by law. This should be spelled out in the Procurement Regulations.

Question: In the purchase plan, indicate the exact amount of the purchase or the approximate amount of the goods?
Answer: Usually the estimated price is indicated.

Question: How to indicate OKVED and OKDP correctly if we have two types of work in one competition: delivery of equipment and its installation?
Answer: You can try to split into lots. If not, then the one that accounts for the largest volume of the contract is indicated.

Question: When purchasing for what amount can a tender be held?
Answer: The customer himself determines this issue for himself when he draws up the Regulations on Procurement and prescribes all these points in detail there. This is not limited by law.

Question: When holding a competition for the conclusion of an agency agreement, a percentage of the agent's remuneration may be won back. Is it necessary in this case to indicate the entire amount of the contracts (including the costs of the agent)?
Answer: It is necessary to indicate the amount that will be paid to the agent as a result.

Question: In electronic form, the purchase is not necessary on the ETP, it can be done through email by requesting an ES?
Answer: Yes that's right. But the electronic platform removes some of the risks from the customer and makes it easier to make purchases.

Question: Is it possible to accept scanned originals of applications with a signature and seal by e-mail when conducting a request for quotations? mail?
Answer: The scanned copy itself is not electronic document, and, accordingly, is not an officially filed application. It will be a document only if it is signed by ES.

Question: Is it possible to have one application log for all purchases (request for quotations, tender, auction)?
Answer: Yes.

Question: Is it necessary to set an initial maximum price during the competition?
Answer: It is desirable to set an initial maximum price, as otherwise it may be necessary to prove in court later that starting price could not be installed objective reasons which is not always possible to do.

Question: We order medical services, is it possible to indicate as a criterion the territorial proximity to the enterprise?
Answer: It is possible, if subsequently it will be realistic to justify such a need in case of questions from the monopoly service or in court.

Question: And if there is no order of evaluation in the position yet? Can we write in the documentation?
Answer: Documentation should not expand the position in terms of such essential things. However, initially in the provision it is possible to prescribe the procedure and evaluation criteria with the addition of such a phrase “and other criteria specified in the documentation”. Then it will be possible to use criteria that were not originally specified in the Procurement Regulations.

Question: Can the chairman of the commission and the secretary of the commission be the same person?
Answer: Yes, if it does not contradict any internal documents of the organization.

Question: Separately, should there be a provision on the commission or is it enough prescribed in the regulation?
Answer: Enough prescribed in the Procurement Regulations.

Question: Is the contract concluded in paper or electronic form?
Answer: The contract is concluded in the form provided for in the Procurement Regulations.

Question: Tell me, if we want to conclude a contract for the supply of food, and there are a lot of items, how to do it? Split into lots? Then you get 54 lots in one competition. What if different participants win them?
Answer: In this case, you should not split into 54 lots, it is better to group products according to the principle “ bakery products”, “dairy products”, etc. In this case, there will be not 54 different persons on one side of the suppliers, but only a few. On the other hand, there will be no restriction of competition.

Question: Is there a universal formula ( good example some enterprise) to establish the significance of the criteria, which allows to protect the enterprise from unscrupulous suppliers as much as possible?
Answer: There is no universal formula. Each customer determines for himself the significance of the criteria independently.

Evaluation is carried out to determine the winner. To do this, the customer evaluates the application for a set of parameters. Points are assigned to each parameter, the application with the most points wins. To get the maximum score, carefully review the evaluation criteria and procedure and prepare your application.

In what procedures does the customer evaluate applications?

• in open competitions.
• In requests for proposals.
• in the pre-qualifiers.

Procurement Evaluation Rules

All criteria must be spelled out in the procurement regulations. The customer himself chooses the requirements, criteria and evaluation procedure and applies them to all procurement participants. Criteria examples:

1. contract price,
2. properties or quality characteristics of the goods,
3. quality of works, services or qualification of the participant,
4. the cost of operating the product,
5. expenses for Maintenance goods,
6. terms of delivery of goods, performance of work, provision of services,
7. the term and scope of the provision of quality assurance,
8. any other reasonable criteria to evaluate the application.

223-FZ does not clearly indicate which parameters are mandatory and which are not. What does the customer do? Selects any, sets their "cost" in points and adds up the result. You can also set the cost of the criteria as a percentage, in which case the significance factor is used in the formulas.

In the documentation of each purchase, the customer lists the criteria by which he will evaluate, and specifies their significance. The cumulative significance of all criteria is always 100%. For example:

• contract price - 35%,
• qualitative characteristics of a product or service - 25%,
• detailing the offer - 15%,
• availability of material and technical resources - 15%,
• experience in the market - 10%.

When evaluating criteria that are not related to price, the number of points can be calculated using formulas. Each customer can use his own, but most often formulas are taken from the government decree on the evaluation of applications in the state order.

The customer should set only measurable requirements:

If it appears from the documentation that the customer is violating this requirement, contact the customer for clarification. If nothing changes after that, file a complaint with the FAS before the deadline for filing applications has expired.

All information about the held competition is published in the protocols. On the day of signing the document, the customer places it on zakupki.gov.ru:

• the protocol of opening the envelopes lists the participants and all documents attached to the applications,
• the protocol of consideration and evaluation of applications lists the list of applications admitted to the competition, evaluation of applications, information about the winner, whose proposal contains the best conditions.

Evaluation example

January 25, 2016 Federal State Unitary Enterprise "Kurgan PrOP" of the Ministry of Labor of Russia completed an open tender for the provision of services for the annual audit of financial statements for 2015. 2 audit companies took part in the tender. When evaluating applications, a commission of 5 people used the following criteria:

• contract price,
• quality service characteristics,
• qualifications (qualification of managers, experience of the participant, labor resources, business reputation).

Let's look at the results.

Contract price

The significance of this criterion is 60%, the coefficient of significance of the criterion is 0.6, the maximum value of points awarded to the application according to the criterion is 100.

The participant who offered the lowest price received the maximum 100 points for this parameter.

CB1 is the number of points awarded to the i-th application according to the “price” criterion.

Qi — the price in the application, which is evaluated.

Пmin - the minimum price offered by the procurement participant.

Qualitative characteristics of the procurement object

The significance of this criterion is 20%, the coefficient of significance of the criterion is 0.2, the maximum value of points awarded to the application according to the criterion is 100.

Criteria indicators:

1. the quality of the audit methodology (the maximum score awarded to the application for the indicator is 50),
2. the quality of the audit program (the maximum score awarded to the application for the indicator is 50).

The score is the subjective opinion of the committee members. In this criterion, both participants scored the same number of points - 100 each and with a coefficient of 0.2 earned 20 points in the rating.

Qualification of procurement participants

The significance of the criterion is 20%, the coefficient of significance of the criterion is 0.2, the maximum value of points awarded to the application according to the criterion is 100. Criterion indicators:

1. qualification of managers and key specialists, the maximum score is 15,
2. the participant's experience in providing services of a comparable nature and volume, the maximum score is 30,
3. labor resources, the maximum score is 30,
4. business reputation of the procurement participant, the maximum score is 25.

№	Procurement participant	Proposal for the "Qualification" indicator	Proposal for "Experience"	Proposal for the indicator " Human Resources»	Proposal for the indicator "Business reputation"
1	LLC "Auditfinance service"	2	21
2	LLC "AuditFinance Consult"	3	76

Judging by the proposal of the participants, the first supplier has more people in the state, the second has more work experience, and his business reputation they evaluated subjectively (whether it exists or not, in their opinion). Despite the differences in the proposals, the customer gave the same ratings to both:

The decisive criterion was the price, and customer No. 2 (60+20+12 = 92) won by the sum of points in the rating. The number of points depends on the completeness of the documents that suppliers attach to the application. They confirm one or another criterion. For example, in this case, “experience” was measured by the number of completed contracts.

It causes much more difficulties compared to the competition under 44-FZ.

Open tenders under 223-FZ are held in paper form and in electronic form, there are combinations of them in one purchase.

There are several hundred types of tenders under 223-FZ related to other types of purchases. They have names: request for proposals, request for quotations. Such purchases can take place in two or three stages, they can last for weeks, including rebidding.

According to 223-FZ, customers are given the right to determine the timing of the tender, the requirements for documents, which are often redundant. In this case, the calendar terms for the preparation of documentation can be only a few days.

The holding of an open tender under 223-FZ is regulated in most detail in the Procurement Regulations of the customer.

Competitions under 223-FZ are held on dozens of electronic trading platforms that have features of registration, provision and participation.

Holding an open tender under 223-FZ

• The customer under 223-FZ publishes a notice of the tender on the official procurement website 20 days before the deadline for accepting applications
• To participate in the competition, you will need to register on the electronic trading platform.
• Examine the tender documentation, the customer's procurement regulations, the criteria for evaluating applications
• Assess the requirements for the contestant and the capabilities of your organization
• Divide documents for participation in the competition into 2 groups: internal and external
• Request external documents from government agencies(extracts from the Unified State Register of Legal Entities, certificates of no debts)
• Prepare internal documents and issue and certify in accordance with the requirements of the documentation
• Fill out the application forms, attach documents, make an inventory
• Scan the documents in the required format, upload to the site, sign the application with an EDS

Thank you very much, Mikhail, everything was done promptly and, most importantly, it was clear to me ... Since we found mutual language. I would like to keep in touch with you in the future. I hope for fruitful cooperation.

Olesya Mikhailovna - general director LLC "VKS"

On behalf of the State Unitary Enterprise "Sevastopol Aviation Enterprise" we express our gratitude for the professionalism and efficiency of your company! We wish your company further prosperity!

Guskova Liliya Ivanovna - manager. SUE "SAP"

Thank you Michael for your help with the design. Very qualified employee +5!

Nadiya Shamilyevna - Entrepreneur IP Anoshkina

On behalf of the company "AKB-Avto" and on my own behalf, I express my gratitude to you and all the employees of your company for productive and high-quality work, sensitive attitude to customer requirements and efficiency in the execution of ordered work.

Nasibullina Alfira - Senior Manager"AKB-Auto"

I want to thank the consultant Mikhail for the excellent work, timely and complete consultations. He is very attentive to the client's problems and questions, promptly solving the most difficult situations that would seem to me. It's a pleasure to work with Michael!!! I will now recommend your company to my clients and friends. Yes, and technical support consultants are also very polite, attentive, they helped to cope with the difficult installation of the key. Thanks!!!

Olga Sevostyanova.

Acquisition of the key turned out to be very easy and even pleasant. Many thanks for the assistance to the manager Michael. Explains things that are complex and massive to understand, concisely, but very clearly. In addition, I called the toll-free hotline and left a request online, together with Mikhail. I got the key in 2 business days. In general, I recommend it if you save your time, but at the same time you want to have an understanding of what you are buying and what you are paying for. Thank you.

Levitsky Alexander Konstantinovich Samara

Personal gratitude to the consultant Mikhail Vladimirovich for the prompt consultation and work on the accelerated receipt of the ES certificate. During the preliminary consultation, the optimal set is selected individual services. Final result received immediately.

Stoyanova N.L. - Chief Accountant LLC "SITECRIME"

Thanks for the quick work and expert help! I was very pleased with the advice!

Dmitry Fomin

LLC "Expert System" thanks the consultant Mikhail for the prompt work! We wish your company growth and prosperity!

Sukhanova M.S. - AppraiserLLC "Expert System", Volgograd

Thanks to the consultant, who introduced himself as Mikhail, for the efficiency in working with clients.

Ponomarev Stepan Gennadievich

Many thanks to the consultant Mikhail, for the assistance in obtaining the EDS. For prompt work and advice on issues arising in the process of registration.

Leonid Nekrasov

The company, represented by consultant Mikhail, does the impossible! Speed ​​up accreditation in less than 1 hour! Payment upon rendering of the service. I thought this didn't happen. With full responsibility I can advise you to contact the Center for issuing electronic signatures.

Competitions and auctions are the most common types of competitive procurement procedures that customers financed from the budgets of the state, regional or municipal levels carry out under the Law on contract system(FZ-44). They do not have a price limit, unlike purchases from a single supplier or when conducting a request for quotations, they allow you to participate in the procedure a large number contract bidders. Differences between tenders and auctions According to Federal Law-44, a tender is a method for determining the contract executor (supplier or contractor), during which the winner is the participant who gave the best offer for the customer on the terms of the contract, and the auction is a method in which the winner is the one who offered the smallest contract price.

What is the difference between an auction and a competition in the field of state orders?

Federal Law 44-FZ "On the contract system" (Article 72) defines the framework for applying the request for quotations for the purpose of selecting a supplier:

• NMTs of the contract should not exceed 500,000 rubles,
• the annual volume of purchases made through the request for quotations should not exceed 10% of the total annual purchases of the customer and should not exceed 100 million rubles.

A request for quotation is also called a request for quotations, since the price is the only criterion for selecting a supplier. Using this method of procurement, standard and inexpensive products are purchased in short time, the terms of quotation contracts are not complicated, quotation order short and simple, it contains only the agreement of the participant to fulfill the terms of the contract, basic information about the supplier, and of course the price offer.

What is the difference between e-competition and auction?

In the technical part, you need to provide a description and general information about the object of the auction, set out instructions for suppliers, provide an information card. The commercial part should indicate prices, conditions, payment schedules, sources of financing the contract. The specific content of the tender documentation is determined by the tender committee.
How is a tender different from a competition? In fact, they are synonyms. Unlike "tender", the concept of "competition" is defined in the main document regulating property relations in Russia - the Civil Code of the Russian Federation. The concept of "tender" is widely used in Russian business practice and is absent in Russian legislation.

Choosing a procurement method in accordance with 223-FZ

The one who proposes wins best conditions at the best price.

• Summing up and transferring the order to the winner.
Similar features of auction and competition

1. All registered users can participate, unless otherwise stated. special conditions specific procedure.
2. Similar steps in the procedure.
3. The initiator of the auction is not required to justify the price.

Differences between auction and competition

1. The auction is initiated by the seller, the competition - by the buyer.
2. The criterion for choosing the winner of the auction is the maximum price, the winner of the tender may have other competitive qualities, for example, a large positive experience in performing similar work.

If the customer is the state Large auctions related to the needs of the Russian Federation are regulated by Law No. 44-FZ.

What is the difference between an electronic auction and an open tender

Attention

So, in articles 447-449 Civil Code RF defines the specifics of holding in Russia public auction. Article 447 of the Civil Code of the Russian Federation states that the owner of a thing or the owner of a property right or a specialized organization can act as an organizer of the auction. Bidding is carried out in the form of an auction or competition. The form of the auction is determined by the owner of the thing being sold or the owner of the property right being sold, unless otherwise provided by law.

Auction and competition, in which only one participant participated, are declared invalid. Article 448 defines the procedure for conducting an auction, according to which "the person who won the auction and the organizer of the auction sign on the day of the auction or competition a protocol on the results of the auction, which has the force of a contract." Article 449

Electronic trading: auction, competition, request for quotations

Info

For example, ROSATOM cooperates with such ETPs as:

• Fabrikant.ru
• EETP.
• B2B Center.

For the needs of the Ministry of Defense, another subsidiary project of Fabrikant.ru is used: the Oborontorg Trading System. To work on the ETP, you must have accreditation and electronic signature(EP). The process of obtaining and using an ES is regulated by Law No. 63-FZ.

Public procurement procedure Planning and substantiation of procurement is obligatory for a state customer. Justification is subject to:

• The initial price of the contract.
• Method for determining the supplier and requirements for participants in the procedure.

Price justification The price is justified by one of the following methods:

1. Market analysis method.

This is the most commonly used method;

• normative method. At the same time, the price is determined by calculation and, as a rule, it exceeds the market price due to the specific conditions of the purchase.
• The tariff method is applied when pricing for required view goods are regulated by the government.
• The design estimate method is used to justify construction work.
• The cost method is used as a last resort, where the price is the sum of the industry average profit and the projected cost of completing the order.
Supplier determination method Bidding can be closed (participants are invited privately) or open (all users accredited to the ETP participate). Open methods for determining a supplier include: open tender, electronic auction.

The difference between the competition and the auction for 223 ap

• open, closed, with limited participation
• single-stage, two-stage, multi-stage
• without pre-selection, with pre-selection
• without rebidding, with mono-rebidding, with multi-rebidding
• single-criteria, multi-criteria
• without alternative proposals, with alternative proposals
• in electronic, not in electronic form
• without negotiations, with clarifying negotiations, with technical and financial negotiations

Competitive procurement Competitive procurement can be organized in the following two ways:

• through bidding,
• without bidding.

Bidding involves the announcement of the procurement procedure with the publication of the parameters and requirements for suppliers and their products, the collection of bids from participants, their analysis, the selection of the winner and the conclusion of a contract.

Differences between the tender and the auction on 223 fz

Consequences of Violating the Rules for Conducting Bidding” characterizes the auction held in violation of the rules established by law as invalid on the basis of a lawsuit of an interested person. Recognition of the auction as invalid entails the invalidity of the contract concluded with the person who won the auction. How is a tender different from an auction? Auction - the competition of bidders is carried out only on one criterion - the price.

Important

The auction offers prices and offers for all participants. It differs from the tender by the possibility of participants to change the submitted offer. Each participant of the auction can change his offers, offering more profitable terms than its competitors.

The auction is held by reducing the initial (maximum) contract price (lot price) specified in the notice of an open auction by an "auction step".

• All users accredited to the ETP who meet the requirements for a supplier under Law No. 44-FZ can participate.
• Similar steps in the procedure.
• The initiator of the auction is the customer.
Differences between a tender and an auction with a state customer:

1. The criterion for choosing the winner of the auction is the minimum price, the winner of the tender may have other competitive advantages (own production, high quality personnel, patents and well-known trademarks, the period of existence of the organization, etc.), the winner is the one who offered the best conditions for the implementation of the contract.
2. During the competition, the customer makes additional requirements for the contractor with the arrangement of their priority.
3. Competitive application and is secured by making Money or by providing a bank guarantee.