15% of all purchases are carried out by state customers from non-profit socially-oriented organizations.
What does 44-FZ regulate?
- Planning, monitoring and audit of purchases.
- Selection of suppliers.
- Conclusion of contracts and their execution.
- Procurement control.
What is not regulated by 44-FZ?
- Purchasing services from international financial institutions.
- Procurement of services for state protection of judges, officials, court participants and other people.
- Purchases of precious metals and precious stones to replenish the State Fund.
- Procurement related to the support of facilities and information systems for the 2018 FIFA World Cup and 2017 FIFA Confederations Cup.
- Procurement of free assistance of a lawyer or defense in court.
- Procurement of election commissions for holding elections and referenda.
- Payment for participation in purchases.
Who adopts legal acts under 44-FZ?
- President of Russian Federation;
- Government of the Russian Federation;
- Federal executive authorities;
- Rosatom;
- Roscosmos;
- State authorities of the constituent entities of the Russian Federation and local self-government bodies.
44-FZ is based on the provisions of the Constitution, Civil and Budget Codes of the Russian Federation
Principles of the contract system
Important definitions
State customer Is an organization that needs goods and services and pays for the purchase. For example, hospitals, schools, universities, research institutes,
Provider- a legal entity or individual, including an individual entrepreneur, who participates in the procurement and supplies goods and services.
Zakupki.gov.ru- the site of the unified information system (UIS), where customers publish purchases and reports. The EIS has registers of all concluded contracts, unscrupulous suppliers, customer complaints and other important information.
Initial Contract Price (NMC)- the cost of delivery of goods, which is set by the customer. NMC must be justified. Suppliers cannot offer a price higher than the NMC.
Electronic marketplace- the site on which customers place purchases, suppliers submit applications for participation in purchases, electronic auctions are held.
Specialized electronic platform- a site with access through secure communication channels, where closed purchases are carried out.
Application for participation- these are documents and information that the supplier submits in writing or electronic form to participate in the purchase.
Unified Information System (UIS)
Now contains
- Information about purchases, the ability to search for them,
- Contract templates,
- Rationing rules,
- Information about market prices for goods,
- Procurement plans, schedules,
- Reporting on executed contracts,
- Register of unscrupulous suppliers.
- Unified registration and register of procurement participants.
- Unified catalog of goods, works and services.
- Publication of purchases under the RF PP No. 615 (overhaul).
Coming in 2020
- The system for recording the actions of procurement participants in the EIS and on 8 federal electronic trading platforms.
Access to information on the UIS is free. If information about the same purchase, customer, contract, etc. on the EIS and in another source is different, the priority is given to the information on the EIS.
Organization of EDF
Suppliers can submit bids for procurement on electronic marketplaces. In cases determined by the government, electronic document management can also pass through the EIS. All documents are signed with an electronic signature:
- Customers receive an electronic signature free of charge from the federal treasury. They work with her in the EIS and on the ETP.
- Suppliers need a signature to participate in e-procurement. Since July 1, 2018, the system uses qualified signatures in public procurement. Suppliers can obtain their signature at an accredited certification authority.
National treatment
The national regime was introduced to give advantages to suppliers of Russian goods and goods from other member countries of the Eurasian Economic Community. More about it we.
Procurement Methods
Depending on the source of income, government customers can carry out purchases both under 44-FZ and 223-FZ. According to 44-FZ, if the organization spends budget money. Under 223-FZ, if she spends her own and she has a procurement regulation.
Planning
Procurement plans * |
Schedule plans |
|
This is the basis for scheduling plans. |
You cannot post a purchase that is not included in the schedule. |
|
The description of each purchase contains:
|
| Formed for 3 years. This is the term of the federal budget law. | Formed for the financial year. |
| Plans can be changed. Effective within 10 business days after budget approval. Published in the EIS, on their websites and in any print media within 3 working days after approval, if they are not a state secret. |
Effective within 10 business days after budget approval. Published in the EIS within 3 working days after approval, if they do not constitute state secrets. |
| The plan needs to justify the object of each procurement in accordance with the standard costs. |
It is necessary to justify the NMC in the schedule. Customers also take into account procurement quotas in different ways and must carry out 15% of all purchases from small businesses and socially oriented organizations. |
* From October 1, 2019, customers will only plan purchases according to 3-year schedule plans, the purchase plans will be canceled. Until the end of 2019, you still need to draw up a procurement plan and schedule.
When checking or following a complaint from a supplier, the FAS may recognize the purchase as unjustified. Then it is corrected or canceled. The perpetrators are brought to administrative responsibility.
All government purchases are standardized. The quantity, price, characteristics of goods and services are established by federal and local legislation of the Russian Federation.
There are several classifications of procurement methods according to 44-FZ. They distinguish electronic and paper procedures, closed and open, competitive and non-competitive. All types are mentioned in Art. 24 of Law No. 44-FZ.
Competitive procurement methods under 44-FZ
These are purchases that use fair competition between participants. They compete among themselves for the right to conclude a lucrative contract with the customer. What criteria are used to compare participants depends on the type of procurement. If this is an auction, price is the deciding factor. In competitions, attention is paid not only to the price, but also to other conditions of purchase, the participants are evaluated according to cost and non-cost criteria and are awarded points for each.
Competitive procurement methods under 44-FZ differ:
- the conditions under which the customer has the right to choose them;
- the procedure for submitting applications;
- the timing of the placement of documents and the evaluation of the proposals of the participants;
- criteria for determining the winner.
Allocate:
- contests;
- auctions;
- requests for quotations;
- requests for proposals.
Since 2019, customers have been obliged to conduct purchases in electronic form by default. Only some procedures remained paper-based as an exception.
Non-competitive procurement methods under 44-FZ
44-FZ specifies only one non-competitive procurement method. This is a purchase from a single supplier. She is dedicated to Art. 93 of Law No. 44-FZ. It lists the situations in which the customer can choose this purchasing method. Please note that the list is limited. This means that in other cases, customers are not entitled to choose a purchase from a supplier.
Since July 2019, the procedure for conducting purchases from a single supplier has changed (Federal Law No. 71-FZ dated 01.05.2019). In particular, according to the new rules, a notice when purchasing from a supplier is not required at all.
Since July 1, 2019, 17 amendments to the procurement rules have come into force. We have prepared a cheat sheet for each.
Closed methods for identifying a supplier under 44-FZ
Participation in open procedures is available to all suppliers. On the other hand, not everyone can participate in closed procurement, but only those who have been informed about the procedure. These are pre-selected companies, individuals and individual entrepreneurs that meet the customer's requirements.
Customers choose closed procurement methods, if they work with a state secret, purchase services related to insurance, transportation and protection of valuables, museum collections, rare publications, purchase GWS for the needs of defense industry enterprises, etc.
Types of purchases under 44-FZ: table 2019
Below, all procurement methods are presented in the form of a table:
|
In what cases does it apply |
Peculiarities |
|
|---|---|---|
|
Contest |
If the winner needs to be selected according to several criteria. |
Priority purchasing method. It can be held in a closed and open form, as well as with limited participation. Can be two-step |
|
Request for proposals |
In established in Art. 83 44-FZ cases, in particular:
|
The winner is the participant who submitted the final proposal that best suits the customer's requirements. |
|
Request for quotes |
If the winner is chosen according to one criterion - the price of the contract, and the NMCK does not exceed 500 thousand rubles. |
The volume of purchases by requesting quotations cannot exceed 10% of the total and must not exceed 100 million rubles. |
|
Auction |
When choosing a winner, only the price is important. The customer is obliged to hold auctions for purchases from the list of the Order of the Government of the Russian Federation of March 21, 2016 No. 471-r |
The initial contract price is gradually reduced by the auction step. The participants declare their intention to execute the contract at a lower price. It can be carried out in a closed and open form. |
|
Purchase from a single supplier |
In established in Art. 93 44-FZ cases, in particular:
|
Customers make such purchases in two ways:
|
A responsibility
It is important for the customer to know what criteria are used to determine the procurement method in accordance with 44-FZ, since the wrong choice of the type of procedure faces liability under Art. 7.29 of the Administrative Code of the Russian Federation. If the customer does not carry out the procurement that was required by law, the official may receive a fine of up to 30 thousand rubles. And if a competition or auction was supposed to be held, but the contract service chose a different method, a fine of 50 thousand rubles will be imposed.
Procurement methods under 223-FZ
Among the types of competitive purchases under 223-FZ, there are open, closed and electronic tenders, auctions, requests for quotations, requests for proposals. However, customers have the right to expand this list by prescribing additional procedures in their regulations.
Purchase of a different placement method - what is it
Such purchases are allowed for customers operating under Law No. 223-FZ. In the procurement regulation, they may provide for other procedures, such as reduction, competitive negotiations, uncontested purchases, etc.
For example, competitive negotiations are often carried out if the subject of the purchase is non-standard products and the customer is unable to clearly and unambiguously establish the requirements for the participant and the terms of the contract, determine the criteria and methodology for evaluating bids. Participants form their proposals during negotiations. As a rule, at least three companies are invited to participate in competitive negotiations, which can fulfill the terms of the contract. Negotiations with them are confidential. Based on the results of negotiations, the customer can either immediately choose the winner or invite the participants to submit a final proposal by a certain date (application for participation in the procurement).
In accordance with the legislation, the acquisition of materials, equipment, premises, various kinds of services necessary for the work of state bodies can be carried out in a competitive way, when the choice of a supplier comes from several applicants, or from a single representative. Procurement under Federal Law 44 allows to minimize abuse and corruption in this process.
Purchase methods
Federal law determines that the following methods of purchasing products and services are based on competition:
- contest;
- auction;
- request for quotes;
- request for proposals.
Purchase from a single participant is carried out only when the required product or service is monopolized for objective reasons, for example, protected by copyright.
Types of contests
Federal Law No. 44 provides for the following types of competitions:
The procurement auction is carried out in electronic form, that is, all information about the object of the tender is posted on a site accessible to all. The auctions themselves are held on the electronic platform of a pre-selected operator, who is fully responsible for the technical aspect of their conduct.
However, it is possible to buy at the auction only certain categories of goods or works, services. Their list was approved by the Government of the Russian Federation, and it is quite extensive. The following criteria are presented for the auction:
- accurate, clear and detailed description of the procurement object;
- the selection of the winner should be based on quantitative and monetary evaluation only.
Request for quotes
This method of determining the executor of the state order is carried out by placing information about the object of purchase in a single database, and the winner in the competition is the participant that will offer the lowest price for its products. However, it should be borne in mind that a request for quotations can be carried out only if the value of the contract does not exceed 500 thousand rubles.
In addition, there is one more limitation for the customer for this type of bidding - the annual volume of purchases carried out in this way cannot exceed 10% of the total annual volume of purchases of the customer and at the same time cannot be more than 100 million rubles per year.
Request for proposals
The winner of such a competition is the participant who offers the customer a product or service that optimally matches the parameters of the request. You can select a supplier using the request for proposals method only in the following cases:
- to provide sports teams with inventory, outfit, equipment;
- for the treatment of Russians abroad;
- for the provision of medicines;
- for the purchase of handicrafts;
- when concluding contracts to protect the interests of citizens or the state in foreign courts.
Public procurement - how to win tenders: Video
In its most general form, competitive types of procurement can be divided into tendering and non-trading procedures. Bidding is a procurement conducted by a tender or auction method. Based on the results of the auction, the customer must conclude an agreement with the participant who offered the best conditions. All other competitive procedures, including request for quotations, request for proposals, competitive negotiations, etc., are non-commercial. A non-commercial procedure can be completed by the customer without choosing a winner. Any trading or non-trading procedure can take place in one or several stages. Thus, the following main procurement procedures can be distinguished:
1. Trading procedures:
- One-stage tender is a competitive trading method of procurement, in which the winner is the procurement participant who proposed the best conditions for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing bids established in the tender documentation.
- A two-stage tender is a competitive trading method of procurement, in which, at the first stage, the customer requests from the procurement participants the proposals necessary to clarify the tender documentation regarding the technical, quality and other characteristics of goods (works, services). At the second stage, the winner is the procurement participant from among those admitted to the second stage of the tender, which offered the best conditions for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing bids established in the tender documentation.
- One-stage auction is a competitive trading method of procurement, in which the winner is the procurement participant who offered the lowest contract price or, if during the auction the contract price is reduced to zero and the auction is held for the right to conclude a contract, the highest contract price.
- A two-stage auction is a competitive trading method of procurement, in which, at the first stage, the customer requests from the procurement participants the proposals necessary to clarify the auction documentation regarding the technical, quality and other characteristics of goods, works or services. At the second stage, the winner is the procurement participant from among those admitted to the second stage of the auction, who offered the lowest contract price or, if during the auction the contract price is reduced to zero and the auction is held for the right to conclude a contract, the highest contract price.
2. Non-commercial competitive procedures:
- One-stage request for proposals is a competitive non-commercial procurement method in which the customer informs in advance an indefinite range of suppliers (contractors, performers) about the need for goods (works, services), invites to submit proposals and can conclude an agreement with a procurement participant whose proposal most closely meets the requirements customer.
- A two-stage request for proposals is a competitive non-commercial procurement method, in which at the first stage the customer attracts proposals from suppliers (contractors, performers) regarding the technical, quality and other characteristics of goods, works or services. At the second stage, the customer invites the procurement participants admitted to the second stage of the request for proposals to submit proposals and may conclude an agreement with the procurement participant whose proposal most closely matches the customer's requirements.
- One-stage request for prices is a competitive non-commercial procurement method in which the customer informs in advance an indefinite range of suppliers (contractors, performers) about the need for goods (works, services), establishes all requirements for it and contractual conditions, except for the price, invites procurement participants to submit price proposals and can conclude an agreement with a procurement participant whose offer has a minimum price.
- A two-stage request for prices is a competitive non-commercial procurement method, in which at the first stage the customer attracts proposals from suppliers (contractors, performers) regarding the technical, quality and other characteristics of goods, works or services. At the second stage, the customer establishes all the requirements and contractual conditions, except for the price, invites the procurement participants admitted to the second stage of the price request to submit price offers and can conclude an agreement with a qualified procurement participant whose offer has a minimum price.
- Competitive negotiations - a competitive non-commercial method of procurement, in which the terms of the contract concluded as a result of competitive negotiations are discussed during negotiations between the customer and each of the procurement participants and are recorded in the negotiation protocols, and the customer can conclude an agreement with the procurement participant who offered the best conditions.
In each of the above procedures, the customer may establish a requirement for prequalification of participants. Within any procedure, a purchase can be divided into several lots. In cases directly provided for by 223-FZ, the procurement procedure can be carried out behind closed doors - in this case, only potential suppliers, specially invited by the customer, are allowed to participate in the procurement. Thus, in a closed procedure, competition is limited, since any potential supplier cannot be admitted to a closed procurement, and therefore the cases of using closed procedures are strictly limited by law. There is no competition in the procurement procedure from a single supplier, otherwise known as “direct procurement”. This is a non-competitive procurement method in which the customer offers to conclude a contract only with one supplier (contractor, performer).
What are the types of purchases under 223-FZ, do they differ from types of purchases under 44-FZ? Law No. 223-FZ grants a regulated organization the right to independently determine in its Procurement Regulations those situations in which it will conclude a contract based on the results of direct procurement. However, each case of using direct purchase must be justified and economically feasible in order to prevent a situation of unreasonable restriction of competition during the tender.
Art. 3 reveals the term determination of the supplier (contractor, executor), as a set of actions, starting from the placement of a purchase notice or invitation and ending with the conclusion of a contract. That is, the law provides a complete definition of all stages of the procurement process and should be a reference book for all its parties.
The procurement procedure includes, according to FZ-44:
- Placing procurement plans and schedules
- Preparation, placement of procurement documentation
- Determination of the supplier (contractor, executor)
- Conclusion of a contract
- Acceptance of goods, works, services
- Reporting placement
The cancellation of the determination of the supplier is possible no later than 5 days before the end of the submission of applications for the tender and auction and no later than 2 days for the request for quotations.
Procurement planning under 44-FZ
Chapter 2 consists of 8 articles (Art. 16-23). It regulates planning, justification, rationing, information about the NMCK (initial maximum contract price), identification of purchases.
The state customer under 44-FZ is obliged to plan purchases, post procurement plans and schedule plans. Thus, before the announcement of the purchase, you can plan participation and conduct a search for a tender, awaiting its publication by the customer.
Procurement plans for 44-FZ
Procurement plans should include:
- Purchase identification code
- Purpose of the procurement
- Name of procurement objects
- Funding volume
- Timing, frequency
- Justification of the initial maximum price and the method of determining the supplier
Schedules for 44-FZ
Schedules should include:
- Identification code
- Name and description of the procurement object
- Specification of characteristics:
- quantity of goods
- scope of work or service
- timing
- periodicity
- starting price
- advance payment
- stages of payment
- Additional requirements for participants and their justification
- How to identify the supplier and its rationale
- Purchase start date
- Information on securing the participant's application and securing the execution of the contract
Schedule (GHG) is developed for 1 year. Approved within 10 working days after the customer receives the amount of rights in monetary terms. GHG is placed in the EIS within 3 working days. It is prohibited to carry out purchases that are not included in the schedule.
The specifics of planning purchases under the SDO (state defense order) are established by 275-FZ "On State Defense Order".
Procurement under 44-FZ
Chapter 3 makes up more than half of the 44-FZ volume, consists of 7 paragraphs, including 73 articles (Articles 24-96).
This is the most important section for suppliers. It defines the types of purchases, stages, terms, requirements, etc.
1 paragraph - general provisions of the third chapter. Consists of 24 articles and describes:
- how to identify suppliers
- centralized procurement
- participation in the procurement of special subjects
- requirements for procurement participants under 44-FZ
- evaluation of applications
- forms of securing applications
- contract service concepts
- specialized and expert organizations
Methods for determining a supplier under 44-FZ
Paragraph 2 - determination of suppliers through 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 under 44-FZ
- Open contests
- Open competition
- Limited Participation Competition
- Two-stage competition
- Closed contests
- Closed competition
- Closed competition with limited participation
- Closed two-stage competition
- Auctions
- Electronic auction
- Closed auction
- Request for quotes
- Request for proposals
Evaluation of applications under 44-FZ
The customer evaluates the applications according to the following criteria
- Operating costs
- Specifications
- Qualitative
- Functional
- Environmental
- Qualification
- Financial resources
- Equipment and other material resources
- Experience in the subject of the contract
- Business reputation
- Qualification of specialists
The customer is obliged to indicate in the documentation a list of criteria and their significance.
At the stage of preparing the proposal, you can evaluate how many points each assessment criterion can bring.
There can be at least 2 criteria, of which the price is mandatory. In this case, for example, the significance of operating costs cannot be higher than the price.
The procedure for evaluating applications and criteria are established by 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 last edition of which was adopted in 2016.
The calculation formulas indicated in it for evaluating the application are not clear to every customer and supplier.
Description of the procurement object under 44-FZ
The customer, when describing in the procurement documentation, must be guided by the rules
- Objective character of the description
- Specified characteristics
- Functional
- Technical
- Qualitative
- Operational
- Requirements should not be included
- Trademarks, service marks
- Brand names
- Patents, utility models
- Industrial designs
- Name of the place of origin of goods
- Manufacturer's name
- Requirements limiting the number of procurement participants
There are exceptions to these rules. An indication of trademarks is possible if it is intended to use goods, the delivery of which is not the subject of the contract.
In this case, the description must include the word "or equivalent", except in the case of incompatibility of goods or the purchase of spare parts and consumables.
When describing a procurement object, the customer may include
- Specifications
- Plans, drawings, sketches
- Photo
- Results of work, testing
- Test requirements and test methods
- Requirements for packaging, marking, labels
- Confirmation of compliance of processes and production methods with technical regulations, standards and conditions
- Conventions and terminology
All goods must be new, not used, repaired or not restored, unless this is expressly provided by the documentation.
If necessary, the customer can set the requirements
- By the warranty period
- The scope of the provision of guarantees
- Warranty service
- To the cost of operating the goods
- Obligation to carry out installation and commissioning
- To the training of persons using and servicing the product
Any participant has the right to send the customer a request for clarification on 44-FZ. The time frame for responding to a request for clarification of the provisions of the documentation is two days.
Contract service under 44-FZ
The contract service is needed for the planning and implementation by the customer of purchases of goods, works, services to meet state or municipal needs.
A customer under 44-FZ is obliged to create a contract service if the volume of purchases under 44-FZ exceeds 100 million rubles per year.
If the volume of purchases is less than 100 million, the customer has the right to create a contract service or appoint a responsible person - a contract manager.
The contract service operates on the basis of a standard regulation (regulations) approved by order of the Ministry of Economic Development dated October 29, 2013 N 631 (as amended on October 24, 2016).
The number of contract service is at least two people. It is not necessary to create a structural unit, it is enough to approve the permanent composition of employees performing the functions of the contract service and appoint a manager.
Requirements for the qualifications of a contract manager or contract service employees - higher education or additional professional education in the field of procurement.
The basic functions and powers of the contract service are varied and follow from 44-FZ. In order to fulfill them, employees of the contract service should not disclose information, enter into negotiations with procurement participants, and may involve expert organizations in their work.
Other powers of the contract service:
- Consultations with suppliers, contractors, performers to determine the competitive environment, the best technologies and solutions to ensure public procurement
- Mandatory public discussion of the procurement of goods, works, services
- Approval of requirements for purchased goods, works, services
- Participation in the consideration of cases on appealing against the actions or inaction of the customer in the FAS, claim work
- Development of projects of customer contracts
- Verification of bank guarantees of a supplier, contractor, executor
- Organization of the return of funds as a security for an application or a security for a contract
Expert organization for 44-FZ
The customer engages experts and expert organizations in accordance with 44-FZ to perform functions, for example, for the acceptance of goods, works, services.
Expertise under 44-FZ cannot be carried out:
- By individuals
- Officials or employees of the customer (acting or being them in the last two years)
- Persons with property interests under this contract
- Close relatives of the head of the customer, members of the contract service, the procurement commission
- Officials or employees of the contractor, supplier, executor
- Legal entities in which the customer or supplier under the contract has shares of 25% or more
- Individuals or legal entities that may be directly or indirectly influenced by the supplier or customer
Contract under 44-FZ
Several articles are devoted to the terms of the contract, the procedure for its conclusion, amendment and termination in 44-FZ. Art. 34 sets out general principles. The contract (agreement) is concluded on the conditions stipulated by the notification, invitation, documentation, application and the final proposal of the participant.
The term for concluding a contract under 44-FZ is on average 10 to 20 days from the date of publication of the protocol. At the same time, the supplier makes a security for the execution of the contract under 44-FZ. The most popular method is a bank guarantee to secure the performance of the contract.
The increase in the contract price is possible at the initiative of the customer by no more than 10% if the quantity of the supplied goods increases. The contracting procedure is described separately for each type of supplier identification.
Tenders for 44-FZ
Federal Law 44-FZ on the contract system does not use the concept of “tender”, which is widely used among suppliers and in the business environment.
Tendering is synonymous with identifying a supplier on a competitive basis, which is referred to in the law as “procurement”. 44-FZ suppliers are sometimes referred to as bidding law or the federal law on tenders and auctions.
Analysis of tenders under 44-FZ is a necessary step before making a decision to participate in the procurement. Examine the notice, documentation, terms of reference, draft contract. To participate in tenders under 44-FZ, you will need to submit an application security.
Open tender for 44-FZ
Art. 48-55 determine the conditions for holding an open tender (Art. 48), documentation requirements, the procedure for filing, considering applications, concluding a contract. Participation in an open tender is a major challenge for suppliers. The customer evaluates the bids according to a variety of criteria (Art. 53).
An application for participation in an open tender for 44-FZ is submitted in paper form in a sealed envelope.
Applications can be thousands of pages long, weigh tens of kilograms, and take weeks to prepare. Most often, the competition is called a tender.
Electronic auction for 44-FZ
In an electronic auction, the supplier with the lowest contract price wins.
Trades in 44-FZ are held downward from the initial price by the auction step.
Art. 59-71 regulate the conduct of an electronic auction (Art. 59), from accreditation on electronic platforms (Art. 61) to the conclusion of a contract.
The law does not provide a list of electronic trading platforms where electronic auctions are held, so suppliers will have to independently understand the nuances of accreditation and filing an auction application, which consists of 2 parts. If the participant was rejected according to the second part of the 44-FZ application, re-read the list of documents (clause 5 of article 66).
The customer cannot arbitrarily decide which goods, works or services he will purchase at the auction and which will not.
He is obliged to conduct purchases in the form of an auction, according to the list of goods, works, services, in case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction), approved by the order of the Government of the Russian Federation.
Request for quotations under 44-FZ
Articles 72-79 describe the determination of the supplier by means of a request for quotations (Article 72). Requirements are established for a request for quotations (Article 73), the procedure for conducting (Article 74), submission, consideration and evaluation of applications (Article 78).
Request for quotations is the most accessible format for participation in public procurement. To prepare a quotation application under 44-FZ, no EDS is required for electronic trading
Applications are submitted in paper form in envelopes and certified in the traditional way with the signature of an authorized person and the seal of the organization.
4-7 paragraphs 44-FZ contain a total of 14 articles. They establish the definition of a supplier by conducting a request for proposals, closed methods for determining suppliers, purchasing from a single supplier and specifics of execution, amendment, termination and security of the contract.
Request for proposals for 44-FZ
The sixth and seventh chapters include 8 articles and contain the procedure for appealing against violations of the law and the specifics of the implementation of certain types of purchases, such as energy service contracts and state defense orders.
The eighth chapter of 44-FZ consists of 3 articles and contains the final provisions and the procedure for the entry into force of certain articles of the law, which, as mentioned above, come into force sequentially for 3 years, starting from January 1, 2014, ending on January 1, 2017 of the year.
Help under 44-FZ
If you are experiencing difficulties with the application of 44-FZ or do not yet own the provisions of this law, you can contact our specialists.
