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Competition criteria for 223 FZ. Electronic trading platforms - news. Electronic bidding: auction, competition, request for quotations

ФЗ, - provision on the purchase of each specific customer. Who are the customers and suppliers? Customers and suppliers under 44-FZ Municipal and state budgetary institutions... The supplier can be entity, individual entrepreneurs (IE), as well as individuals... Customers and suppliers under 223-FZ

  • State-owned companies with more than 50% state participation, including their subsidiaries and granddaughters,
  • Budgetary institutions conducting procurement at the expense of own funds, subcontracting funds or grants.
  • Organizations that are engaged in regulated activities such as energy and water supply,
  • Subjects of natural monopolies (for example, Russian Railways, oil and gas companies, etc.),

Likewise, both organizations and individuals can participate. Requirements for participants in each specific procurement are set by the customer.

Algorithm for the competition in 223-fz

Requirements for supplier certificates depend on the specific electronic trading platform (ETP) on which the auction is held. It can be either a qualified signature or an unqualified one.

Procurement Methods Federal Law No. 44-FZ establishes 10 procurement methods and conditions for choosing a winner, and most importantly, it restricts the list and cases of procurement from sole supplier... Competitive procurement

  1. open competitions;
  2. limited participation contests;
  3. closed contests with limited participation;
  4. multi-stage competitions;
  5. closed forms of competitions;
  6. electronic auctions;
  7. closed auctions;
  8. requests for proposals;
  9. requests for price quotations.

Non-competitive procurement K this kind purchasing only applies to purchasing from a single supplier.

Open competition for 223-fz

Termination of the contract and the possibility of making amendments Federal Law 44-FZ Federal Law No. 44-FZ makes it possible to terminate the contract by agreement of the parties or unilaterally, if such a possibility is spelled out in the contract. It is impossible to change the essential terms of the contract (price, delivery time, product characteristics).

In an electronic auction, you can draw up a protocol of disagreements, but only if we are talking about errors in the text of the contract. Federal Law 223-FZ Federal Law No. 223-FZ provides an opportunity for the customer company to change the contract in terms of the terms, volumes and prices of goods, works and services.
In which cases any changes are possible, the supplier can learn from the procurement regulations of a particular customer.

Appealing against the customer's actions Federal Law 44-FZ Federal Law No. 44-FZ not only secures such a right for the supplier, but also prescribes an algorithm of actions:

  • First of all, the participant submits an application in writing to the territorial office of the FAS.
  • Then the FAS publishes a complaint about the OOS within 2 working days.
  • Finally, over the next 5 working days, the commission considers the complaint and issues an order on it.

In 2016, 45% of all complaints were recognized by the FAS as justified and state customers received instructions on them (according to the monitoring data of the Ministry of Economic Development for 2016). Federal Law 223-FZ Like 44-FZ, complaints against customers under 223-FZ are considered by the FAS.

Contests on fz 223

The first law regulates the procurement of public sector companies, which are wholly owned by the state. The second is the procurement of companies owned by the state by 50% or more.


There are fundamental differences in the conduct of purchases of both, which the article will help to understand. What is the difference between 44-FZ and 223-FZ? No. 44-FZ This law applies to the procurement of all government customers.


He requires them to draw up a 3-year procurement plan and an annual schedule. And from suppliers - securing bids and contract execution (for competition and electronic auction).

Attention

Also, the law sets the deadlines for all stages of the auction and regulates many other details of the transaction. The law gives guarantees to the winner that a contract will be concluded with him, and the goods supplied by him or the work performed will be paid.


But a deviation from the rules threatens entrepreneurs to get into the Register of unscrupulous suppliers.

The main differences between laws No. 44-FZ and No. 223-FZ

Source: http://www.bicotender.ru/articles.html The federal law No. 223-FZ allows customers to independently choose those types of procedures that are more convenient for them to use when making purchases, including them in the internal normative document- Position. There are only two methods of trading, which the law prescribes to be included in the text of the Regulation. One of them is an open competition. What is an open tender An open tender is an electronic tender, an application for participation in which can be submitted by each supplier who meets the conditions of the tender documentation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.
Open tenders for 223-FZ: varieties Depending on the subject of the procurement, the tender can consist of several stages: one, two, three, etc.

Open competition 223 fz

Info

Multi-stage tenders are usually held when the required product or service is particularly complex and requires detailed study. Negotiating with customers at various stages helps the customer to better understand the degree of efficiency that a particular supplier is able to provide.


Sometimes a multi-stage competition implies a preliminary pre-qualification selection. This measure allows you to admit to participation only professional and best meeting all the requirements of the customer suppliers.

Finally, one of the forms of open competition can also be a rebidding competition. During such a competition, participants have the opportunity to amend their bids in order to increase their competitiveness and attractiveness to the customer.

Open competition in electronic form according to 223-fz

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and a procedure for evaluating the applications received. The winner of the auction is the participant who offered Better conditions future contract.

When is it advisable to hold a tender This procedure is carried out in a situation where the final price of the contract is not a determining factor. It is understood that there are several criteria for evaluating the proposals of the participants.

This can be the terms of delivery of goods or services, the procedure for payment, or any other. It is advisable to hold a tender if the terms of the future contract are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the procured item. Features of the tender procedure An open tender differs from other methods of procurement by the presence of a stage for evaluating and comparing the submitted bids.

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two methods of trading, which the law prescribes to be included in the text of the Regulation.

One of them is an open competition. What is an open tender An open tender is an electronic tender, an application for participation in which can be submitted by each supplier who meets the conditions of the tender documentation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.

Open tenders for 223-FZ: varieties Depending on the subject of the procurement, the tender may consist of several stages: one, two, three, etc.

Open tender for 223fz customer requirements

  • A report justifying the purchase from a single supplier (contractor, contractor).

Reporting under federal law No. 223-FZ The customer places on the public procurement website zakupki.gov.ru no later than the 10th day of the month following the reporting month, the following list of reports:

  • report on the total cost of concluded contracts;
  • report on the total value of contracts concluded with a single supplier;
  • report on the total value of contracts concluded with small and medium-sized businesses.
  • a report on the total cost of concluded procurement contracts, information about which constitutes a state secret;

Enforcement of obligations under the contract Federal Law 44-FZ With the winner of the auction or tender (regardless of its price), the customer cannot conclude a contract if he does not provide financial security contract.
This time is allotted to the participant to work out his proposal and prepare all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notification.

  • Opening access to applications.

    The details of this procedure should be spelled out in the documentation. As a rule, the customer forms and places on the site a protocol, which indicates the number of submitted applications and proposals of participants.

  • Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the proposal of a potential supplier.
  • Rebidding. After evaluating the bids, the customer has the right to announce a rebidding. Members get the opportunity to improve their initial proposals.
  • Final Bid Matching.

This is only possible if the rebidding procedure is described in the tender documentation. Participation in it is optional for the participants.

As part of rebidding, the participant gets the opportunity to improve his offer. Since the competition is a rather lengthy procedure with its own peculiarities, customers rarely resort to it. Regulated terms of the procedure The notice of the tender must necessarily indicate the deadline for the submission of applications. Moreover, it cannot be less than 20 days from the date of the start of filing applications. Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes have been made to the documentation at least 15 days before the deadline for filing applications, then it is possible to extend the period for filing applications by no more than 15 days.

The customer considers all offers that have been received after the rebidding and chooses a winner.

  • Formation of the final protocol.
  • Conclusion of an agreement with the winner of the competition.
  • Based on the results of the procedure, the customer concludes an agreement with the winner, on the proposed terms. If the winner refuses to sign the contract, the customer gets the opportunity to conclude a contract with the supplier in second place. What criteria are taken into account when evaluating applications At the stage of the initial assessment of applications, the customer evaluates the correctness of all documents, the availability of the application security (if it is provided for by the documentation), the validity period of the application, the absence of the participant in the RNP. Each customer determines the criteria for determining the winner of the competition independently.

Algorithm for the competition in 223-fz

Attention

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two methods of trading, which the law prescribes to be included in the text of the Regulation.


One of them is an open competition. What is an open tender An open tender is an electronic tender, an application for participation in which can be submitted by each supplier who meets the conditions of the tender documentation. The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria.
Open tenders for 223-FZ: varieties Depending on the subject of the procurement, the tender may consist of several stages: one, two, three, etc.

Open competition for 223-fz

This is only possible if the rebidding procedure is described in the tender documentation. Participation in it is optional for the participants.
As part of rebidding, the participant gets the opportunity to improve his offer. Since the competition is a rather lengthy procedure with its own peculiarities, customers rarely resort to it.

Regulated terms of the procedure The notice of the tender must necessarily indicate the deadline for the submission of applications. Moreover, it cannot be less than 20 days from the date of the start of filing applications.

Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes have been made to the documentation at least 15 days before the deadline for filing applications, then it is possible to extend the period for filing applications by no more than 15 days.

Contests on fz 223

Info

Multi-stage tenders are usually held when the required product or service is particularly complex and requires detailed study. Negotiating with customers at various stages helps the customer to better understand the degree of efficiency that a particular supplier is able to provide.


Open competition in electronic form according to 223-fz

Multi-stage tenders are usually held when the required product or service is particularly complex and requires detailed study. Negotiating with customers at various stages helps the customer to better understand the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition implies a preliminary pre-qualification selection. This measure allows you to admit to participation only professional and best meeting all the requirements of the customer suppliers.

Finally, one of the forms of open competition can also be a rebidding competition. During such a competition, participants have the opportunity to amend their bids in order to increase their competitiveness and attractiveness to the customer.

This time is allotted to the participant to work out his proposal and prepare all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notification.

  • Opening access to applications.
    The details of this procedure should be spelled out in the documentation. As a rule, the customer forms and places on the website a protocol, which indicates the number of submitted applications and proposals of participants.
  • Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the proposal of a potential supplier.
  • Rebidding. After evaluating the bids, the customer has the right to announce a rebidding. Members get the opportunity to improve their initial proposals.
  • Final Bid Matching.

Causes much more difficulties compared with the competition for 44-FZ.

Open tenders for 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 procurement. They have names: request for proposals, request for quotations. Such purchases can take place in two or three stages, can last for weeks, and include rebidding.

Customers under 223-FZ have 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.

Holding an open tender under 223-FZ is regulated in the 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 for 223-FZ

  • The customer under 223-FZ publishes a tender notice 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, procurement regulations of the customer, criteria for evaluating bids
  • Assess the requirements for the bidder and the capabilities of your organization
  • Divide the 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 absence of debts)
  • Prepare internal documents and issue and certify in accordance with the requirements of the documentation
  • Fill out the application forms, attach documents, draw up an inventory
  • Scan the documents in the required format, upload to the site, sign the application with an EDS

The timing of the evaluation and comparison of applications 223-FZ is not regulated. The organizer can define them independently. The contract with the winner is concluded within 20 days after the publication of the protocol on the results of the competition. The main stages of the open two-stage competition

  1. Formation of tender documentation. The customer develops the procedure for the procedure, the methodology for evaluating applications, determines the timing of the procedure, prepares a draft of the future contract and terms of reference. A complete list of information that the customer must register in the notification is determined by Article 4 223-FZ.
  2. Publication of a notice to the OOS and ETP. The information is posted by the customer on the ETP. After that, it is automatically duplicated for OOS. This is possible only if the selected ETP is integrated with the OOS. Otherwise, the customer is obliged to place the information manually.
  3. Acceptance of applications.

Algorithm for the competition in 223-fz

Attention

Print Federal Law No. 223-FZ allows customers to independently choose the types of procedures that are more convenient for them to use when making purchases, including them in an internal regulatory document - Regulations. There are only two methods of trading, which the law prescribes to be included in the text of the Regulation. One of them is an open competition. What is an open tender An open tender is an electronic tender, an application for participation in which can be submitted by each supplier who meets the conditions of the tender documentation.

The winner of such a competition is the participant whose proposal will be recognized as the best in accordance with the evaluation criteria. Open tenders for 223-FZ: varieties Depending on the subject of the procurement, the tender may consist of several stages: one, two, three, etc.

Open competition for 223-fz

Multi-stage tenders are usually held when the required product or service is particularly complex and requires detailed study. Negotiating with customers at various stages helps the customer to better understand the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition implies a preliminary pre-qualification selection.


This time is allotted to the participant to work out his proposal and prepare all the necessary documentation. The application must be sent to the customer no later than the deadline specified in the notification.

  • Opening access to applications. The details of this procedure should be spelled out in the documentation.
    As a rule, the customer forms and places on the website a protocol, which indicates the number of submitted applications and proposals of participants.
  • Consideration of applications. At this stage, the customer has the right to request from the participants the missing documentation or information that clarifies the proposal of a potential supplier.
  • Rebidding. After evaluating the bids, the customer has the right to announce a rebidding.
    Members get the opportunity to improve their initial proposals.
  • Final Bid Matching.

How to run a closed competition

This is only possible if the rebidding procedure is described in the tender documentation. Participation in it is optional for the participants. As part of rebidding, the participant gets the opportunity to improve his offer.

Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. Regulated terms of the procedure The notice of the tender must necessarily indicate the deadline for the submission of applications. Moreover, it cannot be less than 20 days from the date of the start of filing applications.
Any changes made to the documentation must be published no later than three days from the date of their entry into force. If changes have been made to the documentation at least 15 days before the deadline for filing applications, then it is possible to extend the period for filing applications by no more than 15 days.

Open competition in electronic form according to 223-fz

Most often they are:

  • Full contract price.
  • Characteristics of the products offered for delivery.
  • The participant has the material and technical resources necessary for the execution of the contract.
  • Payment procedure and terms.
  • Delivery time.
  • Qualification of the personnel involved in the execution of the contract.
  • Availability of warranty obligations.

These criteria allow the customer to choose a supplier that fully meets all the requirements. If the winner evades the conclusion of the contract, the customer is obliged to enter information about such a supplier in the register of unscrupulous suppliers.

Contests on fz 223

Important

A tender is a method of conducting a procurement, which provides for the establishment of certain criteria and a procedure for evaluating the applications received. The winner of the auction is the participant who proposed the best terms of the future contract. When is it advisable to hold a tender This procedure is carried out in a situation where the final price of the contract is not a determining factor.

Info

It is understood that there are several criteria for evaluating the proposals of the participants. This can be the terms of delivery of goods or services, the procedure for payment, or any other. It is advisable to hold a tender if the terms of the future agreement are rather complicated.

It is also announced for contracts requiring a subjective assessment of the quality of the procured item. Features of the tender procedure An open tender differs from other methods of procurement by the presence of a stage for evaluating and comparing the submitted bids.

Competition for 223 fz

Multi-stage tenders are usually held when the required product or service is particularly complex and requires detailed study. Negotiating with customers at various stages helps the customer to better understand the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition implies a preliminary pre-qualification selection.
This measure allows to admit to participation exclusively professional suppliers, who perfectly satisfy all the requirements of the customer. Finally, one of the forms of open competition can also be a rebidding competition. During such a competition, participants have the opportunity to amend their bids in order to increase their competitiveness and attractiveness to the customer.

Closed competition for 223-fz

  • Tender
  1. Purchased products for the needs related to the state secret.
  2. Information about the products specified in the documentation or the draft contract is a state secret.
  3. They conclude a deal for the protection, insurance and transportation of precious stones and metals of the Russian Federation, museum valuables transferred for temporary use (for example, exhibitions).
  4. Purchase services for servicing judges and bailiffs (cleaning, driver service).

Such purchases are carried out only after agreement with the Federal Antimonopoly Service.

Cancellation of the competition for 223 fz

Only suppliers to whom customers have sent special invitations can participate. One of the important questions is where to get IKZ for a closed competition. It is indicated in these invitations (part 1 of Art. 23 44-FZ).

A common feature for all closed tender procedures is that the protocols, as well as information obtained during the determination of the supplier, are not placed in the EIS. How it is carried out In general, the stages are similar to open procurement, but have a number of features:

  1. Development and approval of tender documents. Provided to participants on request, in writing and after payment (if applicable).

    The cost for this should not exceed the price for making a copy of the documentation.

  2. Publication of a notice in the EIS. It is used only if the documentation or the draft contract contains information that relates to the state secret.

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

Open tender for 223-FZ - distinctive features

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

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

The main distinguishing feature of the open competition is that the participant who offers the best conditions becomes the winner. In this case, the price does not matter or simply fades into the background. In the auction, the winner is the one who offers the lowest (or highest) price.

223-FZ gives the right to customers to determine the bidding procedure, their rules, criteria for the selection of participants, and so on. The competition can take place 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 turns out to be the most successful and profitable after 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. For this, there is a clear prescription: everything related to the procedure for holding a tender must be reflected in detail in the main document - the Procurement Regulations.

Open tender for 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 prescribes 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 of the criteria that customers consider to be the most important in such competitions:

  • The price the supplier is asking for
  • Participant's experience in the relevant field
  • Warranty provided
  • Turnaround time
  • Market reputation
  • Availability of qualified personnel and special equipment

The order of 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
  • Acceptance and consideration of applications
  • Assessment, 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 can enter it in the register of unscrupulous suppliers.

Open tender in electronic form under 223-FZ

What is an open tender in electronic form in accordance with 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 tremendous changes in procurement. On December 31, 2017, Law No. 505-FZ entered into force, which amended Law No. 223-FZ, adding about a third to it. Some of the changes took effect immediately, another part will come into effect on July 1, 2018, and another part - on January 1 next year.

One of the most important changes is electronic 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 electronic procedures will be the only possible procedures. All this, including an open tender in electronic form, however, becomes possible only from July 1, 2018, and mandatory - from January 1 of the next year.

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

You work under 44-FZ? A selection of special materials is ready for you>

Are you purchasing under 223-FZ?
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The open format of the competition is not the only one that will become electronic. V in electronic format now they will also conduct a two-stage competition, a competition with limited participation, and closed procedures (unless a separate legal regulation is issued for them). It is assumed that the closed competitions will be held at separate sites.

Changes in procurement tenders

Another significant change - it will not be possible to allocate lots from July 1, 2018 either in open or closed electronic tenders. The rules for describing the object of purchase will also change from this date, for example, now you can never indicate a trademark and manufacturer without adding "or equivalent", except for the purchase of consumables and spare parts. In the description of the subject of procurement, the customer is now obliged to indicate specifications, consumer properties, performance characteristics of the product.

The security for the application in the tender will be directly determined by the NMCC. So, if the NMCK in the tender is less than 5 million rubles, the customer is not at all obliged to demand security for the application, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCK. 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 responsibility to develop rules for procurement procedures to the customer, who must write them down in detail in his Regulation. This principle is maintained now, but the Position will need to be adjusted. Under the new rules, the authorities-founders of budgetary and autonomous institutions, authorities and organizations, federal, regional and municipal, now have the right to approve model provisions on procurement and determine at their levels which autonomous institutions and unitary enterprises must apply them. The new structure of the model clauses, which entered into force on December 31, provides an unchanged 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 for the conclusion of the contract.

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

Conducting an open tender in electronic form under 223-FZ

The structure of applications for tenders under 223-FZ will also change from July 1, instead of two parts, there are now three of them. The third part of the application was a price proposal. Also, a rebidding was added to the electronic competition for submitting final proposals.

Step 1. Purchase plan

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

Step 2. Development of documentation

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

Steps 3, 4 Submitting and accepting applications

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

Another plus of using the ETP is that you do not have to deal with accepting and registering applications, this concern will fall on the shoulders of the site operator. Please note that you can make changes to the published notice - in this case, you must extend the deadline for submitting applications if there are less than 15 days left until the deadline for applications.

Step 5, 6 Consideration of applications, evaluation and determination 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 a summary of all received applications. When considering applications for an open tender in electronic form, two factors are taken into account: how much the application meets the requirements, and how much the participant himself meets the requirements.

Based on this, applications are allowed or not allowed to be evaluated. If your Position allows it, at this stage you can request additional information from the participants.

Also, after considering applications, you can declare rebidding.

The next step is the assessment and consideration of applications according to the criteria prescribed in the Regulation (and corresponding to the legislation). Then you post 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 from an eight-page document. Read what of the changes has already entered into force, what will only come into effect on July 1, 2018 and what is postponed until January 1, 2019.

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

General procedure for holding an open tender in electronic form in accordance with the requirements of 223-FZ

In order to change the position of the documentation, it is necessary to extend the time for submitting applications in such a way that at least half of the period established by the Procurement Regulations remains until the end of the deadline. In the electronic form of the auction, the customer must place information in the EIS, and the operator of the trading platform must notify all participants within an hour of 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, an additional power of attorney is required to represent interests).
  2. A document that confirms the compliance of the participant legal requirements (depending on the type of procurement, this can 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. Major Deal Approval Documents.
  7. Compliance with the requirements of goods or services.
  8. Declaration of Affiliation to Small Business Entities.
  9. Declaration that the company is not in the register of unscrupulous suppliers.
  10. Confirmation of security deposit in the prescribed size.

Open tender for 223-FZ, regulating procurement separate types legal entities, is one of the methods of competitive procurement, which will be carried out from July 1, 2018 in electronic form, if the position of the customer does not indicate the possibility of conducting “paper purchases. When holding a tender in electronic form, it is necessary to be guided not only by the provisions of 223-FZ, but also by the Procurement Regulations approved by the customer. In particular, namely the Procurement Regulations prescribe restrictions on the selection of an open tender.

For example, from the point of view of the purchase of certain products, the amount of tenders or the specifics of the contract.

Competition with limited participation under 223 fz within the framework of the eos

Since the competition is a rather lengthy procedure with its own characteristics, customers rarely resort to it. If changes have been made to the documentation at least 15 days before the deadline for filing applications, then it is possible to extend the period for filing applications by no more than 15 days. In this case, the customer establishes a requirement to ensure the specified applications. The participant who took part in the first stage has the right to refuse the second.

Final applications are submitted by the participants of the first stage, are considered and evaluated according to the rules of an open tender. form On the day of completion of the acceptance of applications Within a day after the date of signing Within 10 days from the date of opening of envelopes / access Within three days from the date of summing up 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 posting 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 prequalification selection in the control body. The named list of cases includes the following: 1) execution of works on design, construction and decommissioning of objects of use atomic energy; 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, disposal 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; Competition is a method of procurement, which provides for the establishment of certain criteria and procedure for evaluating applications received.

The winner of the auction is the participant who proposed the best terms of the future contract. It is advisable to hold a tender if the terms 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 prequalification selection, and within 3 three days after it publishes the protocol in the EIS.

The applications that have passed the PQS are evaluated according to the rules of an open tender.

One of the most important changes is electronic 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 electronic procedures will be the only possible procedures. All this, including an open tender in electronic form, however, becomes possible only from July 1, 2018, and mandatory - from January 1 of the next year. Before July 1, customers under 223-FZ should prepare - and bring their Procurement Regulations in line.

Prior to the amendments made on December 31, Law No. 223-FZ delegated the responsibility to develop rules for procurement procedures to the customer, who must write them down in detail in his Regulation. This principle is maintained now, but the Position will need to be adjusted. Under 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. The new structure of the model provisions, which came into force on December 31, provides for an unchanged part, which includes: Another significant change - it will not be possible to allocate lots from July 1, 2018 either in open or closed electronic tenders.

The rules for describing the object of purchase will also change from this date, for example, now you can never indicate a 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, performance characteristics of the goods. The security for the application in the tender will be directly determined by the NMCC. So, if the NMCK in the tender is less than 5 million rubles, the customer is not at all obliged to demand security for the application, if 5-20 million - 0.5-1%, if more than 20 million - 0.5-5% of the NMCK.

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

Some of the changes took effect immediately, another part will come into effect on July 1, 2018, and another part - on January 1 next year. Law No. 223-FZ allows an open tender in electronic form in accordance with the Customer's Regulations, including using the ETP. Advice: set up the integration between the ETP and the EIS, so as not to post the same information twice.

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

Preparing a set of documents for a tender under 223-FZ

Experts recommend that suppliers participate in all procedures that they can master in terms of contract execution. 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 tenders under 223-FZ. By neglecting them, the supplier deprives itself of a potential contract.

  1. Accounting reporting- balance sheet and form No. 2. Usually they ask for a financial year, sometimes for 2-3 previous ones.
  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. Help on performance of duties to pay taxes.
  5. Help on no tax debts.
  1. Last revised Of the Charter organizations in a scanned form with a stamp Tax Service... All pages must be scanned, including title page and the reverse side of the last sheet, 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 the director... It is one of these documents, not an order.
  3. Have individual entrepreneurs there are no documents mentioned above. Therefore, the SP must apply a color scan of all pages of your passport.
  4. Extract from EGOYUL / 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 to the head, but to another person, you should attach power of attorney to this representative.
  1. Package of documents submitted by the participant for registration on the ETP... Law 223-FZ does not oblige to extract these documents from the supplier's card. The latter must independently attach them to the application.
  2. Professional documents- licenses, quality certificates, approvals, certificates and so on.
  3. Declaration of conformity with the requirements for referring to small and medium-sized businesses. Usually fit data from the register of SMEs.
  4. Registration certificate company or individual entrepreneur.
  5. Tax registration certificate.

The order market under 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 value of those published in the EIS purchases under 44-FZ.

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

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

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

Competitions for Federal Law 223

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

First the documentation is published on the electronic platform official site

  1. Contract price
  2. Delivery time of the goods.
  3. .
  4. :
    • an experience;

dodges must

Benefits of an open competition are that notice and tender documentation are published in the media mass media and are infree access for all, which helps to attract more participants , stimulates competition and allows you to choose really best offer ... Since you can take part in an open tender any a legal entity that is ready to make its offer, conforming to the conditions open competition, requirements 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 unreadable or incomplete information as part of the application. A request for additional documents can be made only if such a possibility is provided for by the Procurement Regulations.

If during the auction, changes were made by the customer later than 15 days before the deadline for filing applications, the application deadline must be extended so that from the day the changes are posted to the OOS until the deadline for filing applications for participation in the procurement, such a period is at least 15 days. First the documentation is published on the electronic platform , and from there automatically goes to official site , 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.

  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 product.
  6. Qualification of the procurement participant :
    • an experience;
    • provision of material and technical resources;
    • provision of human resources;
    • the degree of implementation of the current quality management system.

If the winner of the competition or another person obliged to conclude an agreement, dodges from the conclusion of the contract, information about such a participant, the customer must send to authorized body to be included in register of unscrupulous suppliers. (link)

Open Tender for 223 FZ Customer Requirements

Having concluded an agreement for escort with LLC Road Map, we set a condition that we need tenders only with an advance payment, not less than 30%. To our surprise, the result was achieved in the very first auction. Although the decline during trading was greater 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, with a decrease of 3, 5 and 1, 5%, we realized that it is better, more reliable and more profitable to give tender work for outsourcing, in good hands, such as the team of the company "Road Map". We assess the experience of working with the Road Map company as positive.

We negotiated for a long time to conclude an escort agreement, but in the end we agreed, because we were interested in an application that was not feasible for us in terms of preparation. Part 1 of the application consisted of 200 sheets. The guys got admission, and, unfortunately, the efforts were wasted. because we could not offer the price necessary to win. We were desperate, but the employees of the “Road Map” company continued to load us with various alternative options 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 began with the company "Road Map". We needed a package of orders in the amount of 50 million rubles, and that is why we entered into an agreement. Until the moment we started, all the trades were practically lost.

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

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

Competition for 223 fz

Multi-stage tenders are usually held when the required product or service is particularly complex and requires detailed study. Negotiating with customers at various stages helps the customer to better understand the degree of efficiency that a particular supplier is able to provide. Sometimes a multi-stage competition implies a preliminary pre-qualification selection. Multi-stage contests

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