Electronic trading platforms - news. Electronic trading platforms - news Holding an open tender for 223 fz

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. The minimum term for receiving applications is 20 days.

The main distinguishing feature of the tender is the stage of evaluation and comparison of bids, at which the procurement commission ranks the bids of the 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, a person who, according to the conclusion of the tender commission appointed in advance by the organizer of the auction, has offered Better conditions.

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 procurement plan for 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 made no later than posting on the official website Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services, notices of purchase, documentation of purchases 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, postal address, e-mail 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. The requirements established by the customer for the quality, technical characteristics of goods, works, services, their safety, functional characteristics (consumer properties) of goods, dimensions, packaging, shipment of goods, work results and other requirements related to determining the conformity of the delivered goods , the work performed, the service 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 of the 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 SHELL vehicles. 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 the 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 Purchased 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 from sole 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 is usually called “Opening of envelopes with participants' applications”. 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 additional documents participants who provided illegible or incomplete information as part of 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 a notice of the auction, the organizer of an open auction has the right to refuse to hold a 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, it completes the 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 characteristics goods.

6. Qualification of the procurement participant:

Provision of material and technical resources;

Availability of human resources;

Degree of implementation of the current quality management system.

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 of unscrupulous suppliers in accordance with Decree of the Government of the Russian Federation dated November 22, 2012 No. 1211 “On maintaining the register of unscrupulous suppliers provided for by the Federal Law “On the procurement of goods, works, services certain types legal entities"".

The further course of action of the customer in case of evasion of the winner or another person from 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 formatted?
• Can a participant withdraw an application? How should it be formatted?
• 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 advisable to set an initial maximum price, since otherwise it may be necessary to prove later in court that the initial price could not be set for objective reasons, which is not always possible.

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 more than 54 suppliers on the one hand different faces, 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 participants took part in the tender audit companies. When evaluating applications, a commission of 5 people used the following criteria:

• contract price,
• quality characteristics of the service,
• 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.

C min — minimum price offered by the bidder.

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. managerial qualifications 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 on staff, the second has more work experience, and they assessed their business reputation 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 arrange and certify in accordance with the requirements of the documentation
• Fill out the application forms, attach documents, make an inventory
• Scan documents to desired format, upload to the site, sign the application with an EDS

We will tell you how to take part in an open tender under 223-FZ, prepare the necessary documentation, submit an application on an electronic platform, evaluation criteria, and the timing of the tender.

Open tender under 223-FZ - distinctive features

An important detail is that an open tender under 223-FZ, like an auction, is considered an auction and must be specified in the Procurement Regulations. However, it is not legally required to use this method.

Participation in an open tender under 223-FZ causes much more difficulties compared to a tender under 44-FZ.

home distinguishing feature open competition - the winner is the participant who offers the best conditions. The price does not matter or just fades into the background. The auction winner is the one who offers the lowest (or highest) price.

223-FZ gives customers the right to determine the bidding procedure, their rules, criteria for selecting participants, and so on. The competition can be held in one, two or several stages - there are no restrictions here either. It all depends on the complexity of the order.

Sometimes the competition is held with rebidding - potential suppliers can make changes to their programs already along the way. The winner is the participant whose offer will be the most successful and profitable after the rebidding.

The rules of the competition, although they are determined by the customer himself, must be the same for all participants and cannot be changed in the process. There is a clear instruction for this: everything related to the procedure for holding a tender must be reflected in detail in the main document - the Procurement Regulations.

Open competition under 223-FZ - evaluation criteria and procedure.

When holding an open tender under 223-FZ, the winner is usually determined as follows. The customer determines the criteria, their significance and the scoring system and writes all this in official documents. A special commission created by the customer checks the compliance of the participants with these criteria and issues a verdict.

Here are some criteria that customers consider the most important when conducting such competitions:

• The price requested by the supplier
• Experience of the participant in the relevant field
• Warranty provided
• Turnaround time
• Market reputation
• Availability of qualified personnel and special equipment

The procedure for holding the competition, although it is unique for each specific case, can be divided into several conditional stages:

• Drawing up a procurement plan
• Preparation of documents, both external and internal
• Placement on the ETP
• Reception and consideration of applications
• Evaluation, summing up and conclusion of the contract.

If for some reason the winner evades the conclusion of the contract or does not fulfill other obligations, the customer may enter it in the register of unscrupulous suppliers.

Open competition in electronic form according to 223-FZ

What is an open competition in electronic form according to 223-FZ and how to conduct it from July 1, 2018, read in step by step instructions. In addition, learn about other changes in procurement under 223-FZ.

Since 2018, there have been huge changes in procurement. On December 31, 2017, Law No. 505-FZ came into force, which changed Law No. 223-FZ, supplementing it by about a third. Some of the changes took effect immediately, some more will come into effect on July 1, 2018, and some more on January 1 next year.

One of the most important changes is the electronicization of procurement. Now the tender - open, closed and two-stage - as well as the request for proposals and quotations will become fully electronic procedures. For procurement from SMEs, these four e-procedures will be the only possible procedures. All this, including an open competition in electronic form, however, becomes possible only from July 1, 2018, and mandatory from January 1 of the next year.

By July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations into line.

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The open format of the competition is not the only one that will become electronic. AT in electronic format now they will also hold a two-stage competition, a competition with limited participation, and closed procedures (unless a separate NLA is issued for them). It is assumed that closed competitions will be held at separate venues.

Changes in procurement tenders

Another significant change - neither open nor closed electronic contests it will be impossible to allocate lots from July 1, 2018. From this date, the rules for describing the object of the purchase will also change, for example, now you can never indicate the trademark and manufacturer without adding “or equivalent”, except for the purchase of consumables and spare parts. In the description of the subject of the purchase, the customer is now obliged to indicate specifications, consumer properties, operational characteristics of the goods.

The security of the application in the competition will be directly determined by the NMCC. So, if the NMCC in the tender is less than 5 million rubles, the customer is not obliged to require security for the application at all, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCC. For large contracts, as well as preferential institutions, there will be a special rate of 0.5-2%.

How to buy car insurance? Can we purchase OSAGO services by requesting quotations or is an open tender required?

Model provision 223-FZ

Prior to the amendments made on December 31, Law No. 223-FZ delegated the obligation to develop the rules for procurement procedures to the customer, who must write them down in detail in his Regulations. This principle is preserved now, but the Regulations will need to be adjusted. According to the new rules, the founding authorities of budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve model procurement regulations and determine at their levels which autonomous institutions and unitary enterprises should apply them. In the new structure model provisions, which entered into force on December 31, provides for an invariable part, which includes:

1. information on the procurement preparation procedure;
2. information on the methods of procurement and the conditions for their use;
3. term of the contract.

Also, the model provisions should detail the specifics of participation in procurement by SMEs.

Conducting an open tender in electronic form according to 223-FZ

From July 1, the structure of applications for competitions under 223-FZ will also change, instead of two parts, there are now three of them. The third part of the bid was the bid. Also, rebidding was added to the electronic competition for the submission of final proposals.

Step 1. Procurement plan

To conduct an open tender in electronic form, you need to draw up a procurement plan, in which include your purchase. You can correct the plan if the need for goods or their cost changes by ± 10%, as well as in other cases specified in the Regulations.

Step 2. Development of documentation

In the next step, develop documentation, including a notice and draft contract. The list of documents that you will need for an open tender in electronic form depends on what you write in the Procurement Regulations.

Steps 3, 4 Publication and acceptance of applications

Law No. 223-FZ allows an open tender in electronic form in accordance with the Regulations of the customer, including using the ETP. Advice: set up integration between the ETP and the EIS so that you do not post the same information twice. If you use the ETP to conduct a tender, study the entire site regulations and compare it with your Procurement Regulations.

Another plus of using the ETP is that you do not have to deal with the receipt and registration of applications, this concern will fall on the shoulders of the site operator. Please note that you are free to make changes to the posted notice, but you must extend the application deadline if there is less than 15 days left before the application deadline.

Step 5, 6 Consideration of applications, evaluation and selection of the winner

Opening access to applications is an analogue of the stage of opening envelopes with applications for the electronic form of the procedure. After opening access, publish the protocol of this procedure, it should include brief information about all applications received. When considering applications for an open tender in electronic form, two factors are taken into account: how the application meets the requirements, and how the participant himself meets the requirements.

Based on this, applications are allowed or not allowed for evaluation. If your Regulation allows it, at this stage you can request additional information at the participants.

Also, after consideration of applications, you can announce a rebidding.

The next step is the assessment and consideration of applications according to the criteria prescribed in the Regulations (and relevant legislation). Then you publish the final protocol and conclude an agreement with the winner.

Law No. 223-FZ changed a lot at the end of last year. It has tripled in size from an eight-page document. Read which of the changes have already entered into force, which will only come into effect on July 1, 2018, and which have been postponed until January 1, 2019.

And also how these changes will turn out for the customer, how to insure and how to start preparing for them now.

General procedure for conducting an open tender in electronic form according to the requirements of 223-FZ

In order to change the position of the documentation, it is necessary to extend the time for submission of applications so that at least half of the period established by the Procurement Regulations remains before the deadline. In the electronic form of the auction, the customer needs to place information in the EIS, and the operator of the trading platform must notify all participants within an hour about changes to the procurement documentation.

1. A copy of the passport of an individual in the status of an entrepreneur, director of a legal entity or his representative(in the latter case, a power of attorney to represent interests is additionally required).
2. A document that confirms the participant's compliance with legal requirements(depending on the type of purchase, this may be, for example, a license for certain types of activities; confirmation that the company is a member of the SRO).
3. A document that confirms the qualifications of personnel.
4. Constituent information.
5. Eligibility for Benefits.
6. Significant deal approval documents.
7. Compliance with the requirements of goods or services.
8. Declaration of belonging to small businesses.
9. Declaration that the company is not in the register of unscrupulous suppliers.
10. Collateral Confirmation in the prescribed amount.

An open tender under 223-FZ, which regulates purchases by certain types of legal entities, is one of the ways to conduct competitive purchases, which will be held from July 1, 2018 in electronic form, if the customer’s regulation does not indicate the possibility of conducting “paper purchases. When holding a tender in electronic form, it is necessary to focus not only on the provisions of 223-FZ, but also on the Procurement Regulations approved by the customer. In particular, exactly the Procurement Regulations prescribe restrictions on the choice of an open tender.

For example, from the standpoint of the purchase of certain products, the amount of the auction or the features of the contract.

Competition with limited participation on 223 fz within the framework of uosz

Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. If changes were made to the documentation at least 15 days before the deadline for submission of applications, then it is possible to extend the deadline for submission of applications by no more than 15 days. At the same time, the customer establishes a requirement to secure these applications. The participant who took part in the first stage has the right to refuse the second.

The final applications are submitted by the participants of the first stage, are considered and evaluated according to the rules of the open competition. form On the closing date for the acceptance of applications Within a day after the date of signing Within 10 days from the date of opening the envelopes / access Within three days from the date of summarizing the selection results Within ten days from the date of summing up the selection results Within three days from the date of signing the protocol on consideration of applications Not earlier than 10 and not later than 20 days after the placement of the protocol for studying and evaluating applications in the EIS. In addition, the procurement participant has the right to challenge the results of the pre-qualification selection in the control body. The named list of cases includes the following: 1) performance of works on design, construction and decommissioning of nuclear facilities; 2) performance of work on the handling of nuclear materials, spent nuclear fuel, radioactive substances and radioactive waste, including during their use, processing, transportation, storage, burial and disposal; 3) performance of work on the design and manufacture of equipment used at nuclear facilities; 4) performance of work on the repair of weapons and military equipment nuclear weapons complex; A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and the procedure for evaluating received applications.

The bidder who offers the best conditions for the future contract is recognized as the winner of the auction. It is advisable to hold a tender if the conditions of the future contract are rather complicated. Read more about the requirements here: Government Decree of February 4, 2015 N 99 Within no more than 10 working days from the date of opening the envelopes, the customer conducts a pre-qualification selection, and within 3 three days after it publishes the protocol in the EIS.

Applications that have passed the PQS are evaluated according to the rules of an open competition.

One of the most important changes is the electronicization of procurement. Now the tender - open, closed and two-stage - as well as the request for proposals and quotations will become fully electronic procedures. For procurement from SMEs, these four e-procedures will be the only possible procedures. All this, including an open competition in electronic form, however, becomes possible only from July 1, 2018, and mandatory from January 1 of the next year. By July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations into line.

Prior to the amendments made on December 31, Law No. 223-FZ delegated the obligation to develop the rules for procurement procedures to the customer, who must write them down in detail in his Regulations. This principle is preserved now, but the Regulations will need to be adjusted. According to the new rules, the founding authorities of budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve standard procurement regulations and determine at their levels which autonomous institutions and unitary enterprises should apply them. The new structure of the model provisions, which came into force on December 31, provides for an invariable part, which includes: Another significant change - it will not be possible to allocate lots in either open or closed electronic tenders from July 1, 2018.

From this date, the rules for describing the object of the purchase will also change, for example, now you can never indicate the trademark and manufacturer without adding “or equivalent”, except for the purchase of consumables and spare parts. In the description of the subject of the purchase, the customer is now obliged to indicate the technical characteristics, consumer properties, and operational characteristics of the goods. The security of the application in the competition will be directly determined by the NMCC. So, if the NMCC in the tender is less than 5 million rubles, the customer is not obliged to require security for the application at all, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCC.

For large contracts, as well as preferential institutions, there will be a special rate of 0.5-2%. Since 2018, there have been huge changes in procurement. On December 31, 2017, Law No. 505-FZ came into force, which changed Law No. 223-FZ, supplementing it by about a third.

Some of the changes took effect immediately, some more will come into effect on July 1, 2018, and some more on January 1 next year. Law No. 223-FZ allows an open tender in electronic form in accordance with the Regulations of the customer, including using the ETP. Advice: set up integration between the ETP and the EIS so that you do not post the same information twice.

If you use the ETP to conduct a tender, study the entire site regulations and compare it with your Procurement Regulations.

We are preparing a set of documents for the tender under 223-FZ

Specialists recommend that suppliers participate in all procedures that they can master in terms of contract performance. If the supplier has the appropriate qualifications and experience, has read and understood the terms of reference and believes that you can fulfill it, you should not be afraid to apply for bidding under 223-FZ. Neglecting them, the supplier deprives itself of a potential contract.

1. Accounting statements- balance and form No. 2. Usually they ask for the financial year, sometimes for the previous 2-3.
2. If the supplier on the simplified tax system - notification on the possibility of applying this regime and a copy of the tax return.
3. Information about average headcount employees.
4. Certificate of performance of duties on payment of taxes.
5. Certificate of no tax debts.

1. Last revision Charter organizations in a scanned form with a seal tax service. Scan all pages, including title page and reverse side last leaf, where there is a seal on the firmware. You also need to attach scans. change sheets if they were included in the Charter.
2. protocol or decision on the appointment of a director. It is one of these documents, not an order.
3. At individual entrepreneurs the documents mentioned above do not exist. Therefore, the SP must attach a color scan of all pages of your passport.
4. Extract from EGOLE/EGRIP. A fresh extract from the EDS of the Tax Service can be obtained completely free of charge through special service on the FTS website. The process takes no more than half an hour.
5. Bank details.
6. If the EDS is issued not for the head, but for another person, you should attach power of attorney to this representative.

1. The package of documents that the participant submitted for registration on the ETP. Law 223-FZ does not oblige you to extract these documents from the supplier's card. The latter must independently attach them to the application.
2. Professional Documents- licenses, quality certificates, permits, certificates and so on.
3. Declaration of conformity with the requirements for attribution to small and medium-sized businesses. Usually fit data from the register of SMEs.
4. Registration certificate companies or individual entrepreneurs.
5. Certificate of tax registration.

The order market according to the law 223-FZ is very large. In 2017, the volume of placed purchases amounted to 27 trillion rubles. It's in 3.5 times more than the cost of those published in the EIS purchases under 44-FZ.

At the same time, suppliers, especially medium and small ones, prefer state procurements. After all, everything is regulated in them - the terms, the procedures, and the documents. And here customers under 223-FZ set many rules on their own. For example, they may request an extended package of documents that would be difficult for the supplier to collect.

Today we will talk about what documents customers of tenders under 223-FZ may require from participants.

If the supplier plans to participate in the procedures under 223-FZ, he should always have on hand the references indicated in the last paragraphs in paper form. The fact is that the customer may not accept them in electronic form.

Competitions under Federal Law 223

They conclude that free access for all a larger circle of participants , stimulates competition best offer any conforming to the conditions who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations. If changes are made by the customer during the auction later than 15 days so that from the day the changes are posted on the CAB until the deadline for filing applications for participation in the procurement, such a period is at least 15 days.

Documentation first published on the electronic platform official site

1. Contract price
2. Delivery time of the goods.
4. .
6. :
   • experience;

evades must

Benefits of open competition are that notice and tender documentation are published in the media and are infree access for all which helps to attract a larger circle of participants , stimulates competition and allows you to choose really best offer . Since you can take part in an open competition any entity ready to make an offer conforming to the conditions open competition, the requirements of the terms of reference and more profitable for the customer. At the stage of consideration of applications, the customer can send request for additional documents to participants who provided illegible or incomplete information as part of the application. A request for additional documents can only be made if such a possibility is provided for in the Procurement Regulations.

If changes are made by the customer during the auction later than 15 days before the closing date for applications, application deadline should be extended so that from the day the changes are posted on the CAB until the deadline for filing applications for participation in the procurement, such a period is at least 15 days. Documentation first published on the electronic platform , and from there it is automatically routed to official site , but this only happens when the electronic platform is 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.

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 characteristics of the goods.
6. Procurement participant qualification :
   • experience;
   • availability of material and technical resources;
   • availability of human resources;
   • degree of implementation of the current quality management system.

In the event that the winner of the tender or another person obliged to conclude an agreement, evades from the conclusion of the contract, information about such a participant, the customer must send to the authorized body for inclusion in register of unscrupulous suppliers. (link)

Open Tender for 223FZ Customer Requirements

Having concluded an agreement for support with Road Map LLC, we set the condition that we need tenders only with an advance payment of at least 30%. To our surprise, the result was achieved in the first auction. Although the decline in the course of trading was more than we expected, the advance corrected our financial position and then we undertook to consider tenders, simply with a deferred payment. Having won 2 more tenders, and with a decrease of 3.5 and 1.5%, we realized that it is better, more reliable and more profitable to outsource tender work, in good hands, such as the Road Map team. We evaluate the experience of working with the Road Map company as positive.

We have been negotiating for a long time to conclude a contract for escort, but in the end we agreed, because we were interested in an application that was not feasible for us in terms of preparation. 1 part of the application consisted of 200 sheets. The guys got admission, and, unfortunately, the efforts were wasted. because we were unable to offer the necessary price to win. We despaired, but the Roadmap employees continued to load us with various alternatives and within one month, after the defeat, we managed to win with a decrease of 7%, in a row. We would like to thank Road Map LLC for perseverance and professionalism.

In November 2016, our work with the company Road Map LLC began. We needed a package of orders in the amount of 50 million rubles, and that is why we signed an agreement. Until the moment we started, all trades were almost lost.

In the first couples of cooperation with Road Map LLC, we discussed tenders a lot with their leader, fortunately, in our discussion we reached an agreement, today we are consistently winning, we already have 9 major contracts and continue to successfully gain momentum. Thank you so much for your perseverance and patience. The company occupies a leading position in the extraction of precious metals in the Far East region, and is among the ten largest domestic specialized enterprises.

In just years production activities the enterprise produced more than 170 tons of platinum and gold.

Competition on 223 fz

Multi-stage competitions are usually held when the required product or service is particularly complex and needs to be studied in detail. Negotiations with customers various stages help the customer to understand as best as possible the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition involves a preliminary pre-qualification. Multi-stage competitions

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