What relates to competitive methods for determining a supplier, and what does not apply, what types of competitive procurement methods exist, we will consider each in detail and consider when and which method is better to use.

The method of determining the supplier according to 44-FZ

To purchase goods, the customer can use competitive methods of purchase, or purchase from sole supplier. Competitive procurement methods under 44-FZ are all options for tenders, auctions, requests for proposals and requests for quotations. To carry out competitive procurement, it is necessary to carry out the procurement procedure, having previously entered it into the schedule, indicating the details.

Purchases from a single supplier are the methods specified in Article 93. When making such purchases, lengthy procedures are not provided. Most of them do not even require individual inclusion in the schedule (except for natural monopolies - electricity, sanitation, etc.). They are just tabbed. special purchases line by line (according to paragraph 4, according to paragraph 5 of Article 93, etc.).

What is competitive procurement

Competitive methods for determining the supplier of the contractor are carried out in order to ensure transparency, publicity of procurement, compliance with competition law, and also to achieve maximum savings when spending budget money.

Under open electronic competition is understood as a method of determining the supplier of the contractor of the performer, in which information about him is communicated to everyone.

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A notice and tender documentation is published in the EIS. For the development of documentation, the customer can attract a special organization. For a limited entry competition, the requirements are the same, but the winner and entrants must go through a pre-qualification process. When conducting a two-stage tender, the customer may establish additional requirements. The participant wins qualified at the first stage and proposed Better conditions performance at the end of the second stage.

Closed contests are used by customers working in the field of national defense and security (in GD No. 223 of September 28, 2019, such customers can be found), or when we are talking about state secrets. Competitive proposals are sent to a closed circle of suppliers. The winner of the competition is the participant who offers the best conditions for the execution of the contract (except for the two-stage one).

The next competitive way to determine a supplier is electronic auction. An open auction is the preferred way to determine a supplier. During its implementation, information is communicated to an unlimited circle of persons, and bidding takes place on electronic platforms (on this moment there are eight of them). Closed auctions are used when it comes to state secrets, the values ​​of the State Fund, values ​​that have cultural significance. The lowest bidder will be the winner of the auction.

It must be said that sometimes some subordinate organizations unite and hold joint competitions and auctions (for example, the supply of bread for several hospitals, organized by the Ministry of Health).

The next view is request for quotes electronic form . The information is in the EIS in the public domain. The customer places only a notice. The deadline for submitting applications is not earlier than 5 working days from the date of placement of the notice. The initial price of the procedure carried out in this way cannot exceed 500 thousand rubles, and the amount per year should not exceed 10% of the customer's SGOZ. The bidder who offers the lowest purchase price wins. Bidding is not provided.

The customer has a choice: to conduct a competitive procedure or conclude a contract with a single supplier, contractor, performer. The customer chooses the method of purchase independently. To do this, follow the provisions of Law No. 44-FZ.
Customers who make a mistake when choosing a procurement method face a fine. Read how to choose the right purchasing procedure.

The last kind is request for proposals. Information is communicated to an unlimited circle of persons. The notice and documentation are placed in the EIS. The winner is the participant whose final proposal most satisfies the customer's GWS needs as described in the requirements. Request for Proposals can be used if equipment and equipment for the national teams of the Russian Federation are purchased; medicines that are vital to the patient in the presence of medical indications and in accordance with certain other clauses of Article 83. Also, customers can use this method if they have been carried out before electronic contests and the auctions were declared invalid for all the reasons provided. The Request for Proposals is the only procedure that cannot be cancelled.

It should also be recalled that it is desirable for the customer to carry out the maximum possible number of competitive procedures for SMP and SONCO, so every year before April 1 of the year following the reporting one, it is necessary to submit a procurement report for this category. Since 2019, failed procedures are also included in the calculation.

At the federal level, several methods of conducting procurement activities. The customer has the right to use a competition, auction, request for proposals or quotations when determining a counterparty. In some cases, it is allowed to conclude an agreement with a single supplier. The law provides for a number of subtypes of procedures. Each of the methods has its own specifics and is regulated by separate norms.

Get a complete picture of the system comprehensive assessment legal acts. Qualified lawyers have prepared a comparative characteristic according to the basic criteria.

Conditions for the procedure

The right to choose one or another form of procurement belongs to the customer. However, this does not relieve the need to certain rules. For each of the methods, the grounds are established:

Open competition	It is carried out without restrictions at the initial price of the contract. Exceptions are listed in the second part of the law 44-FZ. An obstacle is the need to organize a competition with limited participation, a two-stage procedure or an electronic auction. It is not allowed to select a supplier in this form if there is a direct link to a request for quotations, proposals, or the use of one of the closed procurement methods.
Electronic auction	No restrictions have been set. The obligation to choose a method arises in the case of the purchase of products, services or works included in the 2019-r government list. The subjects of the Russian Federation can also form their own lists.
Quote request	The method is suitable for purchases in the amount of up to 500,000 rubles. At the same time, the cost of contracts should not exceed 10% of the funding allocated to the customer for the reporting period.
Request for proposals	The list of cases for using the method is clearly defined by Law 44-FZ. A request for proposals is possible when purchasing sports equipment for Paralympic and Olympic teams, treating citizens abroad, declaring the competitive procedure invalid, as well as in other specific cases. The list given in the law is not subject to broad interpretation.
	The method is used in cooperation with natural monopolies or in the performance of mobilization work. An agreement within the framework of Law 44-FZ is concluded if there is a corresponding order from the Government, the President or another authorized body of Russia. Involvement of a single supplier is also possible in the following cases: development of small amounts - up to 100,000 rubles; performance of specific works, the right to perform which is granted to a specific person or organization; purchase of tickets for cultural, entertainment, theatrical associations; other. The list of articles includes 46 positions.

Terms of the procurement procedure

Another important criterion comparative characteristics became a time frame. Terms are calculated in calendar days.

Open competition	Place information in a single information system it is necessary 20 days before the actual opening of the envelopes (access to applications on the virtual trading platform). Any adjustments must be made 5 days before moving on to the next stage. At the same time, it is not possible to make changes to the volume of purchase or the amount of security.
Electronic auction	The requirements of the law are soft. The customer is granted the right to publish a notice 7 days before opening access to applications. If the contract amount exceeds 3 million rubles, this period is increased to 15 days. Additions and adjustments to the documentation are made 2 days before the study of applications, or earlier. The organizers of the auction are obliged to comply with the prohibition on changing the volume of purchases, as well as increasing the security.
Quote request	The customer should be guided by the standard weekly period. However, in some cases, the period is reduced to 4 days. These include the purchase of emergency aid (Article 76 of Law 44-FZ) or contracts with amounts up to 250,000 rubles. Corrections can be made to all items except for the object of purchase. Last changes can be paid within 2 days.
Request for proposals	The method assumes a minimum period. The notice is published 5 days before the evaluation of proposals. The possibility of changing the documentation is not provided.
Purchasing from a single supplier	The notice is placed in the EIS in cases established by law. Information should appear in a single database 5 days before the signing of the agreement. There is no mention of amendments to the law.

Parliamentarians have established specific requirements for the content of notices. The rules for the development of procurement documentation are defined for each method separately. The simplest according to this criterion is cooperation with a single supplier. Maximum rules and instructions are addressed to the organizers of the open competition and auction.

The amount and procedure for providing security

The third criterion for comparative characteristics was the system of guarantees. Lawyers analyzed the requirements for securing applications and contracts.

Open competition	When submitting an application, the participant is obliged to pay a deposit or provide in the amount of 0.5 to 5% of the initial order value. Persons classified by law as privileged categories have the right to be limited to a security of 2% (Article 44 of Law 44-FZ). The contract performance guarantee is set within the range from 5 to 30%. Decrease in the course of trading NMC by ¼ or more is the basis for increasing the security by 1.5 times. At the same time, the law provides for increased rates when concluding agreements with a large advance payment or fee exceeding 30 million rubles.
Electronic auction	If the total cost of the purchase is within 3 million rubles, the amount of the application security is 1%. In other cases, the calculation rule used in the open tender is applied. General principles apply to the establishment of security under the contract.
Quote request	Submission of an application does not require the provision of any guarantees. Purchases up to 500,000 rubles can be made without conditions on security, but exceeding the cost limit entails the need to apply general principles.
Request for proposals	The rules on securing bids and contracts do not apply. An exception is the request for proposals conducted as a result of the recognition of an auction or tender as invalid. In this case, the general mechanism is implemented. It is necessary to demand guarantees for the proper performance of the contract if the order is placed again - after termination with an unscrupulous contractor.
Purchasing from a single supplier	The application is accepted and considered without any guarantees from the potential counterparty. Securing a contract is not required in the following situations: acquisition of valuables in the amount of up to 100,000 rubles; conclusion of an agreement with educational and cultural organizations within the limits of 400,000 rubles; cooperation with public utilities. A complete list is listed in Law 44-FZ.

Comparative characteristics are carried out according to the main criteria. Additionally, you can evaluate the methods of choosing a supplier according to the rules for evaluating applications, the procedure for concluding a contract, or the principles for determining the winner. In any case, the most stringent requirements will be for tenders and auctions.

This approach is connected with the legal significance of procedures. These methods are recognized as key. The customer has the right to refuse to use them only in the presence of the circumstances specified in the law.

Law 44-FZ provides for several ways to conduct public procurement. Some are more popular and used as the main ones, while others are used much less frequently. But they all have their own characteristics, nuances and limitations in use, and this must be taken into account when choosing a purchase method. In the article we will talk about the most popular procurement methods and figure out which method to choose in a particular case.

Most popular purchasing methods

As practice shows, often applicable and popular methods of procurement are:

• electronic auction;
• purchases from a single supplier;
• request for quotations;
• open competition.

In addition, they are the most transparent, competitive and beneficial for the customer. In turn, closed procurement methods, a request for proposals, a tender with limited participation or a two-stage tender are permissible only in the cases established for them, if this does not contradict Law No. 44-FZ. However, when choosing a procurement method, the customer must focus not only on the popularity and availability of a particular method, its advantages or own wishes, but also on the restrictions and requirements indicated in Law No. 44-FZ. All of these methods impose certain requirements on the customer and the terms of the contract and are used in certain cases.

Please note that administrative liability is provided for choosing an illegal procurement method.

In what cases can you choose to purchase from a single supplier?

Purchasing from a single supplier is most convenient for customers if the contract price is insignificant. The customer can purchase from a single supplier any goods, works, services in the amount of not more than 100,000 rubles. True, in paragraph 4 of part 1 of Art. 93 there are a number of conditions and they should not be ignored.

The main advantages of the procurement procedure from a single supplier:

• it is possible to conclude a contract with a supplier known to the customer;
• no need to divert significant resources to the procedure for concluding a contract;
• minimal risks of violations during the procurement procedure that do not depend on the customer, for example, a technical failure on the electronic platform;
• shorter duration and simplicity of the procedure compared to competitive methods for determining the supplier.

At the same time, purchasing from a single supplier has several disadvantages:

• high risk of claims from inspectors. due to the fact that this method of procurement is associated with wide opportunities for abuse in spending budgetary funds and risks of collusion with the supplier;
• limited opportunities to reduce the price of the contract or provide the best conditions for its implementation due to the lack of competitive procedures for selecting a supplier.

The list of cases in which the customer can purchase from a single supplier is contained in Part 1 of Art. 93. In cases not specified in the list, the customer does not have the right to purchase goods (works, services) from a single supplier.

If the customer is not obliged to use any particular method, but procurement from a single supplier is not possible, then an open tender (Art. 48) or an electronic auction (Art. 59) is held. And in some cases, you can conduct a request for quotations (part 2 of article 72) or a request for proposals (part 2 of article 83).

Oksana Shipunova at the webinar " ” spoke about the features of purchasing from a single supplier.

Electronic auction

Maximum transparency and objectivity in the selection of the winner is the main reason for the popularity of electronic auctions.

Advantages of an electronic auction:

• minimal risk of claims regarding the procurement procedure: acceptance and registration of bids, return of bid security, storage electronic documents, since these functions are provided by the operator electronic platform.
• a small number of restrictions on the electronic auction. In this case, the probability of checking the correctness of the choice of the method for determining the supplier is reduced;
• the confidentiality of participants is preserved and, therefore, the likelihood of collusion or forgery is reduced;
• the opportunity to involve a specialized organization in the organization and conduct of an electronic auction.

However, the electronic auction has a number of disadvantages that also need to be taken into account:

• it is impossible to assess the quality of the supplied goods (works, services), since the applications of participants are evaluated only by price;
• longer procedure for determining the supplier compared to the request for quotations, request for proposals and purchase from a single supplier;
• the risk of delays and violations of the procedure for conducting an electronic auction due to technical failures on the electronic site;
• the risk of claims against the customer due to possible errors during the procedure, as it is complex and multi-stage;
• it is impossible to allocate several lots, as is provided for during the competition and the closed auction.

The electronic auction format is used in two cases: when this method is expressly prescribed by the law or when it is impossible to use other, more convenient for the customer, methods due to existing restrictions.

1) if the procurement of goods, works, services included in the list approved by the Order of the Government of the Russian Federation of March 21, 2016 No. 471-r, or in an additional list established by the highest executive body state power subject of the Russian Federation - the customer is obliged to conduct an electronic auction.

2) the customer has the right to independently choose an electronic auction:

• if the law does not allow the purchase of goods (works, services) from a single supplier or by request for quotations,
• if it is not necessary to evaluate the proposals of participants in terms of the quality of goods (qualifications of participants, work experience and other non-monetary criteria).

Quote request

Request for quotations is the most convenient way for the customer to determine the supplier (contractor, performer), regardless of the type of goods, works, services, if it is necessary to quickly carry out a small-value purchase.

The request for quotations is also carried out to provide humanitarian assistance or to eliminate the consequences of natural or man-made emergencies.

Restrictions on the request for quotations by the customer are contained in Part 2 of Art. 72. But in some cases, the restrictions imposed by paragraph 2 of Art. 72 on the size of the NMC contract can be ignored (Art. 75 and Art. 76).

The request for quotations cannot be carried out in cases where the customer is obliged to use closed methods for determining the supplier (part 1 of article 84) or by holding a tender with limited participation (article 56). There are no other restrictions on the request for quotations.

The main advantages of the request for quotation procedure are:

• determination of the supplier is faster compared to the electronic auction and tender;
• minimal risks of claims arising from errors during the procedure, due to its accessibility, small amount of documentation and clear regulation of the procedure;
• minimal risks of violations beyond the control of the customer, for example, a technical failure on the electronic site;
• the ability to use other (non-monetary) criteria to evaluate bids in addition to the contract price criterion (parts 1.4, article 32).

Request for quotes has a number of disadvantages:

• high probability of checking for the legitimacy of choosing this method of determining the communication provider with the establishment in Part 2 of Art. 72 restrictions on the request for quotations;
• wider area of ​​responsibility of the customer compared to by electronic means determination of the supplier (reception and registration of applications, ensuring their safety and confidentiality, storage of documents);
• high risks of participation in the request for quotations by unscrupulous procurement participants due to the inability to establish the security of the application;
• inability to allocate lots when making a purchase.

An article about all the nuances of this procurement procedure

Open competition

Holding an open competition allows:

• obtain more information about potential suppliers, in particular, to find out not only the offered price, but also the qualifications of the supplier, possible guarantees, etc.
• transfer part of the functions of conducting an open tender to a third-party organization, which helps a lot with complex purchases.

Limited Entry Competition

An open tender with limited participation is possible in specific cases:

• When purchasing goods, works, services, the implementation of which is technologically complex due to their specific nature, and the sale of such goods, works, services can be performed exclusively by specialists who have required level qualifications and training (Decree of the Government of the Russian Federation of November 28, 2013 No. 1089);
• When performing work:
  • To preserve cultural heritage sites;
  • For the restoration of museum collections of the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation and especially valuable and rare documents of library funds;
  • In which the contractor's (performer's) access to library, archival and museum accounting databases and security systems is required.

Two-stage competition

The customer has the right to conduct a two-stage tender, subject to two conditions:

1. the competition is held for the conclusion:
   • contract for scientific research, design work(including architectural and construction design), experiments, surveys, for the supply of innovative and high-tech products;
   • energy service contract;
   • a contract for the creation of a work of literature or art, performance (as a result of intellectual activity);
2. to clarify the characteristics of the procurement object, it is necessary to discuss it with the procurement participants (part 2 of article 57).

Closed competition

A closed competition is considered sufficiently long and complicated procedure so it's not popular.

Closed methods for determining suppliers (contractors, performers) are used only in four cases:

1. procurement of goods, works, services necessary to meet federal needs, if information about such needs constitutes a state secret;

2. procurement of goods, works, services constituting a state secret, provided that such information is contained in the procurement documentation;

3. conclusion of contracts:

• for insurance, transportation and protection of valuables of the State Fund precious metals and precious stones of the Russian Federation,
• for insurance, transportation, protection of museum items and museum collections,
• for insurance of rare and valuable publications, manuscripts, archival documents(including their copies) having historical, artistic or other cultural significance;

4. procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs (part 2 of article 84).

Request for proposals

The main advantage of the request for proposals is the shorter terms of its implementation than the competition. At the same time, an important drawback is the impossibility of canceling the conduct and making changes to the notice and documentation.

It is possible to organize a purchase by conducting a request for proposals:

1. when purchasing sports equipment and equipment, sports equipment, for the participation and training of sports teams of the Russian Federation in the Olympic and Paralympic Games (clause 2, part 2, article 83);
2. When concluding a contract with a foreign organization for the treatment of citizens of the Russian Federation outside the Russian Federation;
3. When purchasing by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation and other customers to ensure their activities outside the Russian Federation if the contract price does not exceed 15,000,000 rubles;
4. When purchasing goods, works, services in the event of termination of the contract in accordance with Part 9 of Art. 95 of Law No. 44-FZ;
5. When purchasing medicines according to the patient's medical indications (if there is a decision medical commission);
6. After the recognition of the repeated tender, the electronic auction as invalid;
7. When purchasing products of folk art crafts with registered samples (in accordance with the Decree of the Russian Federation of 18.01.2001 No. 35);
8. When purchasing services to protect the interests of the Russian Federation, carried out outside of its borders with the involvement of experts and lawyers (in the case of filing claims against the Russian Federation in the judicial authorities of foreign states, international courts and arbitrations).

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Methods for determining suppliers (contractors, performers)

Law No. 44-FZ regulates the determination of suppliers (contractors, performers) in several ways, differing both in the set of criteria for evaluating proposals and in the initial (maximum) contract price (Fig. 8.4 and Table 8.3). For comparison, the methods of placing an order in accordance with the provisions of Law No. 94-FZ are given in Table. 8.4.

Rice. 8.4.

Table 8.3

Methods for determining the supplier (executor, contractor) / Initial (maximum) price of the contract (lot)	Contests	Auctions	Request for proposals	Quote request	Request for quotations (humanitarian aid, emergency response)
Up to 100 thousand rubles.	From a single supplier (contractor, performer)(the total annual volume of purchases should not exceed 5% the amount of funds provided for the implementation of all purchases in accordance with the schedule, but not more than 50 million rubles. in year)
				The total annual volume of purchases should not exceed 10% of the amount of funds provided for the implementation of all purchases in accordance with the schedule, but not more than 100 million rubles. in year
From 500 thousand rubles. and higher

Table 8.4

Methods for placing a state (municipal) order in accordance with the provisions of Law No. 94-FZ

Methods of placing orders / Initial (maximum) contract price					Quote request
	open	closed	open in electronic form	closed		humanitarian aid, elimination of the consequences of emergencies
Up to 100 thousand rubles. (the maximum amount of cash settlements between legal entities)	Purchase of goods is carried out from a single supplier(placement of an order for the supply of goods of the same name, performance of works of the same name, provision of services of the same name within one quarter in the amount of more than 100 thousand rubles is prohibited)
From 100 thousand rubles. up to 500 thousand rubles
From 500 thousand rubles. and higher

Let us consider in more detail the methods for determining suppliers (contractors, performers).

1. Competition - a method for determining the supplier (contractor, performer), the winner of which is the procurement participant who offered the best conditions for the execution of the contract, the tender bid of which was assigned the first number. If information about the subject of procurement is a state secret, the tender is held in closed form.

The criteria for evaluating applications can be:

• – price of the contract (lot);
• - functional characteristics (consumer properties) or quality characteristics of the goods;
• – quality of works, services and (or) qualification of the participant of the tender;
• – operating costs and Maintenance goods;
• - terms (periods) of delivery of goods (works, services);
• - the term and scope of providing a guarantee of the quality of goods, works, services.

Notice of an open tender(changes to the notice) is posted on the customer's website, which must contain the following information:

• - the form of trading;
• – name, location, postal address and address Email, contact phone number of the customer, authorized body, specialized organization;
• - the subject of the contract indicating the quantity of goods supplied (the volume of work performed or services rendered);
• - place of delivery of goods (performance of work, provision of services);
• – initial (maximum) contract (lot) price;
• - the term, place and procedure for submitting the tender documentation, indicating the address of the official website (if the tender documentation is placed in electronic form);
• - the amount, procedure and terms for paying the fee charged for the provision of tender documentation (if this condition is provided for);
• - place, date and time of opening envelopes with applications for participation or opening access to applications submitted in the form of electronic documents, place and date of consideration of applications and summing up the results of the competition;
• - benefits provided to institutions and enterprises of the penitentiary system and (or) organizations of the disabled, in relation to the proposed contract price in the amount of up to 15%.

When holding a closed tender, placing a notice in a single information system is not required. Customers, through closed communication channels, send invitations to take part in a closed tender to a limited circle of persons who meet the requirements for maintaining state secrets, as well as having appropriate access to such information.

making out applications for participation in the competition, procurement participants are guided by the requirements contained in tender documentation, including the following information:

• – requirements for the content, form, execution and composition of the application for participation in the competition and instructions for filling it out;
• – requirements for the description by participants in the placement of an order of the subject of the tender, its functional, quantitative and quality characteristics;
• – requirements for the maintenance of the goods, for the costs of its operation (if necessary);
• - place, conditions and terms (periods) of delivery of goods, performance of work, provision of services;
• – the initial (maximum) price of the contract (lot);
• - the form, terms and procedure for payment for goods, works, services;
• – the procedure for setting the price of the contract (with or without taking into account the costs of transportation, insurance, payment customs duties, taxes and other obligatory payments);
• – information about the possibility of the customer to change the quantity of goods, scope of work, services provided for by the contract;
• - the procedure, place, start date and end date of the deadline for filing applications for participation in the competition;
• - the procedure and deadline for withdrawing applications for participation in the competition, the procedure for making changes;
• – place, procedure, dates and time of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents;
• – criteria, procedure for evaluation and comparison of applications;
• – the size of the security of the application for participation in the competition, the term, procedure and details of making Money;
• - the amount of security for the performance of the contract, the term and procedure for its provision, as well as other information.

The competition may be declared invalid for the following reasons:

• – only one participant applied;
• - based on the results of consideration of competitive bids, all procurement participants were denied admission, except for one applicant;
• – participants, whose applications were assigned the first and second numbers, evaded the conclusion of the contract.

If the tender is declared invalid, the customer has the right to announce a repeated tender, the conditions of which he can change. In addition, it is possible to purchase from a single source, while the contract must be concluded on the terms provided for in the tender documentation published earlier, and the contract price must not exceed the initial (maximum) price specified in the initial notice.

Example

Consider the option of choosing a supplier in the form of a competition for the supply of buses for the needs of transporting passengers on urban routes. The criteria for evaluating bids were preliminarily weighted using the pairwise comparison method. The most important criterion in the pair corresponded to a score of 2, the least important - 0, when the criteria had the same degree of importance, each was assigned a score of 1. The ranks were arranged in descending order of the total sums in the rows (the highest rank corresponded to the largest sum) (Table 8.5).

Table 8.5

Table of paired comparisons of criteria for evaluation and comparison of bids

Criteria				Delivery time	Capacity	service		Warranty service	Sum of points
Terms of payment
Fuel consumption
Delivery time
Capacity
Current service
Warranty service

Applications for participation in the competition were submitted by 5 potential suppliers representing buses of the MAZ, LiAZ, Ikarus, MAN and SCANIA brands (Table 8.6).

Table 8.6

Proposals of bidders on the criteria for evaluating applications, indicating the limit values ​​of indicators

Application Evaluation Criteria
Terms of payment (delay of at least 1 month from the date of signing the acceptance certificate)
Delivery time (no more than 3 months from the date of conclusion of the contract)
Price (no more than 5.5 million rubles / piece)
Total passenger capacity (not less than 54 people)
Average fuel consumption (no more than 30 l / 100 km in the urban cycle)
Warranty service
Expenses for current maintenance (no more than 200 thousand rubles / year)
Mileage at the time of delivery (no more than 300 thousand km)

The weights are set according to the share of each criterion in the total score (see Table 8.3). The best of the proposals presented is the benchmark, which can be the maximum or minimum, depending on the impact of the criterion on the overall assessment (for example, for a price indicator, the benchmark will be minimum, and for a deferred payment - maximum). The ratings of the contest participants for each criterion are calculated according to the following formulas (Table 8.7):

It should be noted that the restrictions on the values ​​of quantitative and qualitative indicators of the assessment, which were set by the bus customer, can also be interpreted as relay criteria, using the general terminology of supplier management in supply logistics.

To translate the values ​​of the qualitative criterion "the presence or absence of warranty service", a two-point scale was used: "yes" - 2 points, "no" - 0. Integral estimates (ratings) for each order placement participant is the sum of rating scores for all criteria (Table 8.7):

Table 8.7

Application Evaluation Criteria			Participants in the order placement (suppliers)
Terms of payment
Delivery time
Total passenger capacity
Average fuel consumption
Warranty service
Maintenance costs
Mileage at the time of delivery
Integral assessment

The offer for the Ikarus bus is considered the best, as it received the highest rating ( integral assessment) and a state contract for the supply (purchase) is concluded with the relevant participant.

In addition to standard competitions in open and closed forms, the law on contract system provides for several more varieties of these methods for determining the supplier, the forms of which can also be open and closed.

A tender with limited participation, to which procurement participants with the required level of qualification are allowed, if the necessary goods (works, services) are technically or technologically complex, and may also be of an innovative, high-tech or specialized nature. The required qualification level of suppliers is determined by customers using prequalification, which can be called additional or specialized.

• 1. Two-stage competition , which is carried out under the simultaneous observance of the following conditions:
  • - it is necessary to conclude a contract for scientific research, design work, experiments, surveys, as well as for the supply of innovative and high-tech products or in order to create a work of literature (art);
  • - to clarify the characteristics of the subject of procurement, it is necessary to discuss it with the procurement participants.

In addition, as in the case of limited participation, the required level of qualification of suppliers is determined by customers through a pre-qualification selection, which is carried out at the first stage of the competition.

2. Auction - a method for determining the supplier (contractor, performer), the winner of which is the procurement participant who offered the lowest contract price. It is assumed that there is a functioning market for goods (works, services) purchased through an auction, sufficient competition, and it is advisable to compare the proposals of procurement participants only at prices.

An open auction is held only in electronic form (electronic auction) on electronic trading platforms, such as, for example, the Governments of Moscow and the Republic of Tatarstan, RTS, MICEX and Sberbank. In order to provide access to participation, the operator of the electronic site performs accreditation purchasing participants.

The customer is obliged to conduct an electronic auction if goods, works, services are purchased, which are included in the list approved by the Government of the Russian Federation. Inclusion of procurement items in such a list is carried out in case of simultaneous fulfillment of the following conditions:

• – it is possible to formulate a detailed and precise description of the subject matter of the procurement;
• – criteria for determining the winner of an electronic auction have a quantitative and monetary value.

Thus, an auction in relation to the field of public procurement, in contrast to its classical understanding, is an auction for lowering the initial price; he is often called reverse, or reduction, auction. By general classification methods for selecting contractors in supply logistics, which was discussed in previous chapters, the auction is an analogue of the method of dominant characteristics.

Application for participation in an electronic auction consists of two parts. The first part must contain only the consent of the procurement participant for the supply of goods, performance of work, provision of services that meet the requirements auction documentation, as well as information about the quality and functional characteristics of the product. Such information includes specifications, information about the safety, size, packaging and shipment of the goods, as well as other information, the presentation of which is provided for by the documentation. The first part of the requisition may also contain a sketch, drawing, drawing or photograph of the item for which the order is placed.

The second part of the application contains information about the participant. The first and second parts of the application are simultaneously sent by the participant to the operator of the electronic site in the form of two electronic documents signed with electronic digital signature (EDS). Based on the consideration of the first parts of the applications, which the operator of the electronic site makes available to the auction commission, a decision is made on admission to participation.

The operator ensures the confidentiality of the information contained in the second parts of the bids until the end of the electronic auction and the placement of the protocol on its conduct, after which it sends them to the auction commission for consideration for compliance with the requirements for procurement participants (bids) contained in the auction documentation . The participant of the electronic auction, who offered the lowest price of the contract, is recognized as the final winner, if the second part of his application meets such requirements.

concept "auction step" reflects the discreteness of rates, i.e. a certain amount of reduction in the initial price of the contract (lot) upon receipt of the next offer from the procurement participant. For an electronic auction, the "step" is from 0.5 to 5%.

If information about the subject of procurement is a state secret, the auction is held in closed and non-electronic form, when instead of notification, customers send invitations to participate to a limited circle of people.

3. Quote request - a method of determining the supplier (executor, contractor), in which the winner is the participant who offered the lowest contract price. The fundamental difference of this method from the auction is the lack of opportunity to bargain among the procurement participants. The winner of the request for quotations is the participant, in quotation order which is indicated the most low price execution of the contract.

However, the customer has the right to make purchases using a request for quotations, provided that the initial (maximum) price of the contract does not exceed 500 thousand rubles. At the same time, the total annual volume of purchases made in this way should not exceed 10% of the amount of funds provided for all purchases of the customer in accordance with the schedule, but not more than 100 million rubles. in year.

In order to provide humanitarian assistance or eliminate the consequences of natural or man-made emergencies, the request for quotations is carried out without limiting the maximum contract price. In this case, customers annually conduct a preliminary selection potential participants purchases that may possibly short term and without advance payment (with deferred payment) to supply the necessary resources.

4. Request for proposals - a method of determining the supplier (contractor, performer), in which the winner is the participant who submitted the final proposal that best meets the needs of the customer.

The customer has the right to purchase by conducting a request for proposals in the following cases, for example:

• – conclusion of an energy supply contract or a sales contract electrical energy with a guaranteed supplier;
• – conclusion of a contract for the supply of sports equipment and equipment, sports equipment necessary for the training of sports teams of the Russian Federation in Olympic and Paralympic sports;
• – conclusion of a contract for the provision of teaching services, as well as the services of a guide (guide) individuals;
• – recognition of a repeated tender, an electronic auction as invalid, etc.

When determining the supplier in this way, all bids of the participants are evaluated on the basis of the criteria specified in the documentation on the request for proposals, after which the conditions for the execution of the contract contained in the bid recognized as the best are announced. All bidders are then invited to submit a final proposal no later than one business day following the date of the event. The customer determines the winner by evaluating the final proposals received from the participants, choosing the best.

• 5. Placing an order with a single supplier (executor, contractor) - a method of determining the supplier (contractor, performer), in which the customer offers to conclude a contract with only one supplier. In the general case, the use of this method is possible provided that the total annual volume of purchases does not exceed 5% of the amount of funds provided for the implementation of all purchases of the customer in accordance with the schedule, and does not exceed 50 million rubles. in year. In addition, procurement from a single source without the above restrictions is possible when, for example:
  • - the subjects of procurement activities belong to the scope of activities of subjects of natural monopolies;
  • - there is a need for work or service, the implementation or provision of which can only be carried out by the executive authority in accordance with its authority or subordinated to it government agency;
  • – water supply, sewerage, heat supply, gas supply services are provided;
  • – deliveries of cultural values ​​are carried out;
  • - work is being carried out mobilization training in the Russian Federation;
  • - the production of goods, the performance of work, the provision of services are carried out by institutions and enterprises of the penitentiary system;
  • - signing a management contract apartment building based on the decision general meeting owners of premises;
  • – the procedure for determining the supplier (contractor, performer) was declared invalid. In this case, the contract can be concluded with a single source at a price not exceeding the initial (maximum) price of the contract;
  • – procurement is carried out for the provision of services related to sending an employee on a business trip (travel to the place of business trip and back, accommodation, meals), etc.

Let us consider the individual stages of public procurement procedures, depending on the method of determining the supplier (contractor, performer) using the provisions of Law No. 94-FZ as an example (Tables 8.8 and 8.9).

Example

The Federal Agency for State Reserves (Rosrezerv) is a federal executive body that performs the functions of providing public services and management of state property in the field of management of the state material reserve ( the federal law dated December 29, 1994 No. 79-FZ "On the state material reserve").

Rosrezerv performs tasks to ensure:

• - mobilization needs;
• - urgent work during the liquidation of the consequences of emergency situations;
• – humanitarian aid and regulatory impact on the market;
• – state support various sectors of the national economy, organizations, constituent entities of the Russian Federation, enterprises, etc.

Among the functions of Rosrezerv are the following:

• – purchase and delivery of material assets;
• – bookmark – acceptance of material assets and their storage;

Table 8.8

Stages of order placement procedures in accordance with the provisions of Law No. 94-FZ

		open	closed	open in electronic form	closed
		There is no established market. Decision making according to criteria: price, quality		Established market. Comparison of offers only but price	State secret. In agreement with the authorized control body
	Notice of holding (Z, MA, CO)	At least 30 days before the day of opening the envelopes	Notice is not required. Invitations to participate are sent to writing to persons having access to information constituting a state secret, no later than 30 days before the date of opening the envelopes	On the official website at least 20 days before the deadline for submission of applications (or 7 days with an initial contract price of not more than 3 million rubles)	Notice is not required. Invitations to participate are sent in writing to persons with access to information constituting a state secret, no later than 20 days before the deadline for filing applications.
	Making changes to the notice (Z, MA)			Not later than 5 days before the deadline for submitting applications with its subsequent extension to 15 days (or up to 7 days with an initial contract price of no more than 3 million rubles)
	Application security (U)			From 0.5 to 5% (2% for small businesses) of the initial (maximum) price of the contract (lot)	No more than 5% (2% for small businesses) of the initial (maximum) price of the contract (lot)
	Refusal to conduct (D, LO)	At least 15 days before the deadline for applications		Not later than 10 days before the deadline for submitting bids (or 5 days before the deadline for submitting bids if the initial price of the contract is not more than 3 million rubles)
	Documentation (Z, MA, CO)	Tender documentation		Auction documentation
		In writing or on the official website	Only in writing	On the official site	Only in writing
	Price documentation	The amount of the fee should not exceed the cost of making a copy of the documentation and its delivery by post
	Making changes to the documentation (Z, MA)	Not later than 5 days before the deadline for submission of applications with its subsequent extension up to 20 days		Not later than 5 days before the deadline for submitting applications with its subsequent extension to 15 days or 7 days with an initial contract price of not more than 3 million rubles.
	Application for participation (U)	Sealed envelope or electronic document	sealed envelope	Preliminary accreditation on the site. The first parts of applications in electronic form with a digital signature.	Only in writing
	Withdrawal of the application for participation or its change	Until the opening of the envelopes or the date of opening access to applications submitted in electronic form	Until the opening of the envelopes	Before the deadline for applying for participation
	Opening of envelopes (K)	Audio recording. Video recording at the request of the participant	Audio and video recording is not allowed
	Consideration of applications (K)	Making a decision on admission to participation (within 20 days from the date of opening the envelopes).		Recognition as an auction participant based on the results of consideration of the first parts of applications (ns more than 7 days)	Recognition as an auction participant (no more than 10 days)
	Evaluation and comparison of applications (K)	Assigning serial numbers to applications as the degree of profitability decreases (within 10 days from the date of signing the protocol for consideration of applications)		Holding an auction. Step 5 - 0.5% of the maximum price of the contract (lot). Consideration of the second parts of applications (no more than 6 days or 4 days with a maximum contract price of no more than 3 million rubles)	Holding an auction. Step 5 - 6.5% of the maximum contract price. Audio, video recording is not allowed. Protocols are not published
	Conclusion contract	With the winner or the participant whose application was assigned the 2nd number (in case of the winner's evasion), not earlier than 10 days from the date of the announcement of the results. Either going to court with a claim for coercion or declaring the competition void		With the winner or the participant who made the penultimate offer (in case of the winner's evasion), but not earlier than 10 days after the announcement of the results. Either going to court with a claim for coercion or declaring the auction invalid
	Enforcement of the contract (C)	Up to 30% of the maximum contract price (lot price) in the form of a bank guarantee (guarantee agreement, pledge agreement). Mandatory 10-30% with a maximum contract price (lot price) of more than 50 million rubles.

Note. Z - customer; MA - authorized body; SO - specialized organization; U - participant; K - commission for placing an order.

Table 8.9

Stages of order placement procedures in accordance with the provisions of Law No. 94-FZ

	Stage name (performer)	Quote request	Request for quotations in order to provide humanitarian assistance or eliminate the consequences of emergencies	Placing an order with a single supplier
	Notice of pre-selection of participants (D, MA)		Not later than 30 days before the deadline for applications	1. The subjects of procurement activities are related to the scope of activities of subjects of natural monopolies. 2. Deliveries of cultural values ​​are carried out. 3. Works on mobilization preparation are being carried out. 4. The production of goods is carried out by institutions of the penitentiary system. 5. Only one application for participation in the placement of an order has been submitted.
	Application for participation		In writing
	Preliminary selection (D, PO)		Formation of the list of suppliers (qualification selection) within 10 days from the date of the end of submission of applications
	Making a decision on holding (Z, MA)	Not on specific requests. Established market, the initial price of the contract is not more than 500 thousand rubles. (for supplies of the same name during the quarter)	Established list of goods without price limit
	Notice of holding/request for quotations (R, R)	On the official website at least 7 working days before the deadline for submitting bids (or 4 working days if the contract price is not more than 250 thousand rubles)	According to the results of the preliminary selection using any means of communication - in 4 days	6. Only one participant who applied was recognized as a participant. 7. The competition or auction was declared invalid. 8. Placement of an order for the provision of teaching services by individuals. 9. Placement of an order for the provision of services related to sending an employee on a business trip, etc. 10. Only one participant. 11. Placement of an order is declared invalid
	Submission of an application for participation	Quotation bid in written or electronic form	Using any means of communication within the time period specified in the request for quotations
	Consideration of applications (K)	For compliance - within 1 business day, after the deadline for applications	Assigning numbers to applications according to preference (criteria: price, quantity not less than 30% of the required scope of supply, no prepayment)
	Conclusion of the contract (B, D)	With the winner, whose application contains the best condition at the price, or with the next preferred participant (in case of the winner's evasion) no earlier than 7 days from the date of the announcement of the results	With the winner whose bid contains the best terms in terms of price and quantity, or with the next preferred bidder (in case the winner declines)

• - release - the sale or gratuitous transfer of material assets to a specific recipient (consumer) or their sale on the market (including in the form of borrowing, reserving and replacing);
• - refreshment - release due to the expiration of the established shelf life (1/2 shelf life) of material assets, containers, packaging with the simultaneous delivery and laying of an equal amount of similar material assets, etc.

When making purchases to replenish the material reserve, the following forms of placement of the state order are used.

• 1. Through pre-selection in the form of a request for quotations in the aftermath of emergencies.
• 2. Through closed forms of bidding (competitions and auctions), since part of the nomenclature is a strategic reserve, information about which is a state secret.

• An example of a list that was in force in accordance with the provisions of Law No. 94-FZ, see Table. 6 Applications.
• In accordance with the list of goods, works, services, approved by the order of the Government of the Russian Federation. An example of a list that was in force in accordance with the provisions of Law No. 94-FZ, see Table. 7 Applications.
• URL: rosreserv.ru

Art. 3 reveals the term determination of the supplier (contractor, performer), as a set of actions, starting from placement purchase notices or invitations and ending contract conclusions. That is, the law gives a complete definition of all stages of the procurement process and should be table book for all its sides.

The procurement procedure includes according to FZ-44:

· Posting of procurement plans and schedules

· Preparation, placement of procurement documentation

Identification of the supplier (contractor, performer)

· Conclusion of a contract

Acceptance of goods, works, services

· Posting reports

Cancellation of the definition of the supplier is possible no later than 5 days before the deadline for submitting applications for the tender and auction and no later than 2 days for requesting quotations.

HOW 44-FZ CUSTOMERS PLAN PURCHASES

Chapter 2 consists of 8 articles (vv. 16-23). It regulates planning, justification, rationing, information about the NMTsK (initial maximum contract price), procurement identification.

State customer under 44-FZ required to plan purchases,post procurement plans and schedules. Thus, before the announcement of the purchase, you can plan participation and search for a tender, waiting for its publication by the customer.

Procurement plans should include

1. Identification code purchases

2. Purpose of the procurement

3. Name of objects of procurement

4. Amount of funding

5. Timing, frequency

6. Justification of the initial maximum price and the method of determining the supplier

Schedules should include

1. Identification code

2. Name and description of the object of procurement

3. Indication of characteristics:

1. quantity of goods

2. scope of work or service

4. periodicity

5. starting price

6. amount of the advance

7. payment steps

Additional requirements for participants and their rationale

The method of determining the supplier and its rationale

Purchase start date

Information about securing the participant's application and securing the execution of the contract

Schedule (PG) is developed on 1 year. Approved within 10 working days after the customer receives the scope of rights in monetary terms. PG is placed in the UIS for 3 working days. Procurement not included in the schedules is prohibited.

Features of procurement planning within the framework of the state defense order (state defense order) are established by 275-FZ "On the state defense order".

PURCHASING ACCORDING TO 44-FZ

Chapter 3 is more than half of the volume of 44-FZ, consists of 7 paragraphs, including 73 articles (Art. 24-96).

This is the most important section for suppliers. It defines the types of procurement, stages, deadlines, requirements, etc.

1 paragraph - general provisions third chapter. Consists of 24 articles and describes:

ways to identify suppliers

centralized purchasing

participation in the procurement of special subjects

requirements for procurement participants

evaluation of applications

Forms of securing applications

concepts contract service

specialized and expert organizations

METHODS FOR DETERMINING SUPPLIERS ACCORDING TO 44-FZ

2 paragraph - determination of suppliers by holding tenders and auctions. Covers 24 articles.

When determining a supplier, customers use competitive methods or purchases without bidding under 44-FZ (purchase from a single supplier).

COMPETITIVE METHODS FOR DETERMINING A SUPPLIER ACCORDING TO 44-FZ

1. Open competitions

1. Open competition

2. Competition with limited participation

3. Two-stage competition

Closed contests

0. Closed competition

1. Closed competition with limited participation

2. Closed two-stage competition

Auctions

0. Electronic auction

1. Closed auction

Quote request

Request for proposals

HOW CUSTOMERS EVALUATE APPLICATIONS OF PROCUREMENT PARTICIPANTS

The customer evaluates applications according to the following criteria

2. Operating costs

3. Characteristics

1. Quality

2. Functional

3. Environmental

Qualification

0. Financial resources

1. Equipment and others material resources

2. Work experience on the subject of the contract

3. Business reputation

4. Qualification of specialists

The customer is obliged to indicate in the documentation a list of criteria and their significance. Thus, it will be possible at the stage of proposal preparation to estimate how many points each of them can bring. There can be at least 2 criteria, of which the mandatory price. At the same time, for example, the significance of operating costs cannot be higher than the price.

The procedure for evaluating applications and criteria are established Government Decree No. 1085"On approval of the rules for evaluating applications, final proposals of participants in the procurement of goods, works, services to meet state and municipal needs" dated November 28, 2013, the latest version of which was adopted in 2016. The calculation formulas indicated in it for evaluating the application are far from clear to every customer and supplier.