Hello, dear readers of the online school “ABC of tenders”! In this article, you will learn what procurement documentation is and what it consists of. This is fundamental information that will be useful to both customers and procurement participants who are just starting to master participation in government tenders.
When conducting public procurement under 44-FZ, the customer, along with the notice, is obliged to place in the unified information system (EIS) documentation on the ongoing procurement, the requirements for the content of which are established in Law No. 44-FZ.
So, the procurement documentation under 44-FZ consists of:
Procurement notices. This is a document that contains key information about the ongoing procurement:
- information about the customer and his location;
- a summary of the terms of the contract with a description of the procurement object;
- initial (maximum) contract price;
- source of financing;
- procurement identification code;
- restrictions on participation in the determination of the supplier, established in accordance with 44-FZ;
- method of determining the supplier;
- time, place and procedure for filing applications;
- the amount and procedure for providing security for bids;
- the amount and procedure for providing security for the performance of the contract.
Note: General requirements for the content of the notice are established in Article 42 of the 44-FZ. However, for each individual method of procurement, the composition of the information and information contained in the notice may differ.
terms of reference. Almost every procurement documentation contains a section “Terms of Reference”. This is a section or part of the documentation in which the customer describes the object of procurement - goods, works or services. In some cases, this part of the documentation may have names such as “Estimate”, “Defective Statement”, “Specification”, etc.
This section (part of the documentation) is the most important for the procurement participant, because it is after studying it that the participant makes the final decision on participation or non-participation in a particular purchase.
Note: The rules for describing the procurement object, which the customer should be guided by when preparing the terms of reference (abbreviated as TK), are established in Article 33 of 44-FZ.
General part. This is a part of the documentation in which the customer describes the method of procurement, indicates information about the concepts and abbreviations used, requirements for participants and the content of applications. The general part also prescribes the procedure for withdrawing applications, the procedure for providing clarifications to the documentation and the procedure for evaluating applications. Those. the procurement participant, having studied this part of the documentation, must figure out what he needs to do in order to take part in this procurement.
Instructions. This part of the documentation should contain information on the preparation of applications by participants.
Note: In 44-FZ, the requirement for the mandatory presence of instructions as part of the documentation is established for:
- request for proposals (clause 3, part 6, article 83 of 44-FZ);
- closed auction (clause 2, part 1, article 87 of 44-FZ);
- open competition (clause 4, part 1, article 50 of 44-FZ);
- electronic auction (clause 2, part 1, article 64 of 44-FZ).
information card. This is a kind of quintessence of the information contained in the notice and the general part of the documentation. As a rule, this section of the documentation is presented in the form of a table, which indicates the basic information about the ongoing procurement.
Note: If the general part of the documentation has a discrepancy with the information card, then you need to be guided by the information indicated in the information card, because. it takes precedence over the common part.
Justification of the initial (maximum) price of the contract. This is a part of the documentation that provides information on the basis of which the NMCC was installed by the customer.
Note: According to part 1 of article 22 of 44-FZ, the NMCC is determined and justified by the customer using the following methods:
- comparable market prices method (market analysis);
- normative method;
- tariff method;
- design estimate method;
- costly method.
Sample forms and templates. In this part of the documentation, the customer places sample forms that the participant will need to fill out when preparing his application.
Draft contract. An integral part of any documentation is a draft contract. Those. this is a contract template that will be awarded to the winning bidder.
Other documents and materials. Along with the above documents, the customer can attach drawings, diagrams, drawings, specifications, etc. as part of the documentation.
We would like to draw your attention to the fact that the composition of the procurement documentation may vary depending on what is purchased by the customer (goods, work or service) and on how this purchase is carried out.
Where and how to get documentation on the ongoing procurement?
As mentioned at the very beginning of the article, the notice and procurement documentation is placed by the customer in the EIS. Therefore, you can familiarize yourself with this information and download it to your computer from the website of the unified information system - www.zakupki.gov.ru.
What needs to be done for this?
Firstly, you need to go to the official EIS website and enter search parameters using the quick or advanced search tool.
Secondly, in the search results for your search query, find a suitable purchase and click on the purchase number.
Thirdly, in the window that appears, you need to click on the hyperlink “Notice of holding ...” to get acquainted with the general information about this purchase, and then go to the “Purchase documents” tab.
Fourth, in the “Purchase Documents” tab, you need to download all attached documents (files).
We would like to draw your attention to the fact that documents can be attached to the site, both as separate files and as a single file (archive).
All information and documentation posted on the EIS website is provided absolutely free of charge.
If necessary, you can also request from the customer a set of documentation on paper. In this case, the customer may provide for a fee for the provision of documentation, but not exceeding the cost of creating a copy of such documentation.
Changes and clarifications to the procurement documentation
In the event that during the study of the procurement documentation you have any questions, you can send a request to the customer for clarification of the provisions of the documentation. When participating in an electronic auction, a participant can submit no more than 3 such requests. The number of requests for other procedures 44-FZ is not regulated.
Such a request may be sent by the procurement participant not later than 5 days before the deadline for filing applications for participation in an open tender (part 7 of article 50 of 44-FZ) and not later than 3 days before the deadline for filing applications for participation in an electronic auction (part 4 of article 65 of 44-FZ) or a closed auction (part 4 of article 87 of 44-FZ).
The customer can also make changes to the procurement documentation, both on his own initiative and in connection with a request received from a procurement participant no later than:
- 5 before the deadline for filing applications for participation in an open tender (part 6 of article 50 of 44-FZ);
- 2 days before the deadline for filing applications for participation in an electronic auction (part 6 of article 63 of 44-FZ);
- 2 working days before the deadline for filing applications for participation in the request for quotations (part 6 of article 74 of 44-FZ);
- 5 days before the deadline for filing applications for participation in a closed auction (part 7 of article 87 of 44-FZ).
Important point: It is not allowed to change the purchase object. If changes are made to the documentation, the application deadline is extended.
Documentation as a tool to limit competition
The customer can mechanically influence the number of procurement participants. Very often, the documentation sets the requirements for the product in such a way that only one or a few participants can meet these requirements.
Restrictions can be set in the documentation by requiring a single trademark. Also, a method of reducing participants is used by including several types of products in the contract position, for which different characteristics are required. Sometimes they use the option when one lot is subject to requirements for a variety of characteristics that are interconnected in the documentation.
Such actions of the customer are considered a violation. The legislation provides for a clear description of the goods (works, services) that are the object of procurement.
Unreasonable requirements established by the customer in the documentation may be appealed by the participant to the FAS. Therefore, pay close attention to the requirements set by the customer at the stage of studying the documentation.
How long is procurement documentation 44-FZ kept?
According to part 15 of article 53 of 44-FZ, protocols drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation, clarifications of the provisions of the competition documentation and an audio recording of opening envelopes with applications for participation in the competition and ( or) the opening of access to the applications for participation in the tender submitted in the form of electronic documents are stored by the customer at least three years.
So we have considered with you the main points related to the documentation of the ongoing procurement. Properly drawn up documentation will allow procurement participants to accurately prepare their bids, and customers to avoid fines and inspections by regulatory authorities.
That's all for today. If you have any questions, you can ask them below in the comments to this article.
What you should know Legislatively, it was decided to fix a number of rules related to the conduct of tenders to ensure the provision of state and municipal needs. Thus, Federal Procurement Law No. 44 became the regulator during these events and made it possible to structure the entire bidding system, as well as make it more open.
Procurement Law 44 FZ
The law on auctions 44 FZ was developed and adopted in 2013, but entered into force only from the beginning of 2014. In order to ensure normal operation in trading, Federal Law No. 44 of the Russian Federation had to introduce additional regulators, which were supported by other by-laws. The scope of the adopted law is quite wide, it covers a large number of ongoing auctions, both at the state level and at the municipal level.
Federal Law 44 of the Russian Federation provides services and departments involved in all levels of government. In total, Federal Law 44 of the Federal Law on Procurement introduced 4 major innovations in the bidding system.
Complicated regulation procedure
The first innovation was based on the expansion of the legislative framework and the introduction of a number of changes to existing regulatory legal acts. Under the main law 44 fz there is a whole hierarchy of by-laws at various levels of government. So, after its adoption, all subjects of the federation received the right to establish additional lists for:
- goods;
- work;
- services.
All requests could now be organized through electronic auctions, where each of the applicants could get acquainted with the full list of conditions under which they are held. 44 of the Law of the Federal Law of the Russian Federation during its operation received more than 30 resolutions from the government, which specified its provisions on various emerging controversial issues.
Thus, the government created a whole structure of legal documents that were responsible for the effectiveness of the law, both at the state and regional levels.
Supplier selection
44 of the law of the Russian Federation has significantly expanded the ways in which suppliers can be determined, according to it, now contractors and suppliers can be selected through:
- closed competitions;
- open competitions;
- contests with limited participants;
- two-stage competitions;
- electronic auctions;
- closed auctions;
- requests for quotes;
- proposal requests.
Law fz 44 by these actions significantly expanded the specifics of procurement for various lots. That contributed to the growth of ongoing trading among many subjects.
Planning Forms
Law of the Russian Federation 44 fz obligated, conducts planning for all purchases. This means that the customer approves procurement plans and procurement schedule plans. All procurement plans are approved by customers for a period of 36 months. They contain the following purchasing information:
- goals;
- volumes;
- terms;
- justification.
Each reporting period, a plan with schedules should be formed, as well as lists for the purchase of goods or work performed with their full justification. All of these plans must be public. Law of the Russian Federation FZ 44 for the first time made such information public, where everyone could get acquainted with it through electronic reporting.
Conducting performance evaluation
44 of the Federal Law, the law of the Russian Federation also established a number of rules according to which a constant assessment of the effectiveness of the implementation of legislation in the field of organizing procurement and auctions is carried out. Now, for the implementation of the assessment, in addition to control, new methods have been introduced such as:
- audit
- monitoring.
The audit is carried out by the Accounting Chamber and control and accounting bodies in the regions of the country and municipalities. Monitoring is carried out by the Ministry of Economic Development. In addition to them, other departments from antimonopoly to defense are also included in the structures responsible for monitoring and auditing. Their list depends on the area in which tenders and purchases are held.
When carrying out actions, such bodies pursue the goal of identifying ineffective instruments in the regulation of the public procurement system and identifying cases of illegal actions against bidders or customers.
Last changes
Federal Law 44 of the Russian Federation, as amended in 2016, was aimed at working out issues related to the planning of procurement schedules. For many government agencies, such actions caused a lot of controversy and questions. Often this or that department, mainly at the municipal level, did not have the skills to draw up schedules and prepare reporting documentation when organizing tenders.
It was decided to introduce a contract service. In the Russian Federation, Law 44 of the Federal Law allowed the introduction of a new position - a specialist in the field of procurement. In each of the departments, if necessary, special departments should be formed, for procurement, allowing to hire such specialists who must professionally understand the organization and conduct of tenders, as well as maintaining all the reporting documentation on them.
The second change concerned the preparation of documents for the objects of procurement. The situation was complicated by the introduction of restrictions on the import of goods. Customers, now before drawing up documentation for organizing and holding an auction, need to familiarize themselves with the register of work of goods and services that the government has imposed restrictions on.
The latest version of 44 FZ touched upon the definition and justification of prices in the contracts being drawn up. Before the customer announces the beginning of the auction, he needs to determine the initial cost. Now it is necessary to draw up estimates for all slots to be offered based on the study of average prices for similar lots.
After the adoption, the law of the Federal Law of the Russian Federation 44 simplified the conduct of auctions by introducing an electronic form of bidding. Now, so that the participants do not violate the deadlines and the order of the auction, instructions and schemes have been introduced that clearly coordinate the actions of contractors for each specific lot.
Previous Procurement Legislation
Law 44 of the Federal Law of the Russian Federation came into force only in 2014. Until that time, procurement efficiency was not high and many did not know what law was before Federal Law 44. Before it was Law 94 Federal Law. 44 FZ 94 FZ have a number of differences. They consist both in terminology, general concepts and definitions, and in its structure and field of activity.
First of all, the differences, as already mentioned, related to definitions and terminology. Many concepts have been reformulated, and some have been completely abolished. Also, due to the many improvements and expansion of the scope of the law, new terms were introduced.
The second difference related to the types of bidding. The old law spoke of only 5 ways to conduct. Today, there are 2 times more such methods, which has significantly increased the number of bidders. The type of auction is determined depending on the conditions of the auction itself and its prospective participants. The law will define specific types of auctions for each of the types of necessary purchases.
The most important difference between the laws was the conduct of the bidding procedure itself. The old legislation did not spell out a lot of the conditions under which the purchase was carried out, and the requirements for the compliance of the participants in these purchases. The new legislation has expanded these conditions to the maximum, which will reduce the growth in the number of abuses in this area and make trading more transparent and open.
Now, on the basis of these significant differences, one can understand what law was before 44 Federal Laws and what a lot of work the ministries and the government did to streamline such a large and serious system in the gray procurement.
Federal Law No. 44 was issued to regulate contractual relations in the field of public procurement of goods, works, services that are necessary to meet state and municipal needs.
Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, after 5 days it was approved by the Federation Council. The effective date of the law is April 5, 2013.
- (Art. 1-15) The general provisions of this law are described, ie. in what area it is applied, basic concepts, principles of concluding contracts and beyond;
- (Art. 16-23) This describes the rules for planning public procurement;
- (Art. 24-96) Describes according to what rules public procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
- (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
- (Art. 99-104) it is one of the important components of the Federal Law 44 for dummies, the articles in this chapter regulate control in the field of public procurement;
- (Art. 105-107) This part of the legislation contains information on dispute resolution;
- (Art. 108-111) Each article of this chapter is devoted to the specifics of concluding and executing a contract for certain types of public procurement;
- (Art.-112-114) The last chapter contains the final information of Federal Law 44 for dummies.
The above heads of state authorities made changes on June 7, 2017. The legal force of Federal Law 44 for dummies came on June 18, 2017.
Basic moments
To participate in public procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):
- meet the criteria specified in the legislation of Russia, so that persons have the right to supply goods (services);
- the supplier's company is not at the stage of bankruptcy or liquidation;
- the activity of the supplier's company is not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
- the supplier organization has no debt obligations for taxes and fees;
- a person acting as a potential supplier must not have a criminal record in the field of economic crimes;
- according to 44 Federal Law for dummies, there is no conflict of interest when concluding a contract;
- the supplier's company does not belong to offshore organizations.
Conditions for public procurement:
- All transactions for the purchase of goods (services) are concluded through a specially designed website;
- Customers indicate their data in the system (data are indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
- All potential suppliers have the right to find orders suitable for them in the search engine on the public procurement website, then take part in the auction;
- According to 44 FZ for dummies, when the customer chooses the most profitable option for himself, he concludes a contract with the supplier. On the basis of the contract, the parties fulfill their obligations.
The difference between Federal Law 44 and Federal Law 223
The procurement system in both laws is the same, but according to Federal Law 44 there is a restriction for dummies - public procurement is carried out only from one supplier.
Requirements for customers in both laws are different.
According to Federal Law 44 for teapots, the following can act as customers:
- state budgetary institutions;
- municipal.
According to Federal Law 223 for teapots, the following can act as customers:
- enterprises where there is a state share of more than 50%;
- organizations engaged in certain types of activities - water supply, energy, etc.;
- monopoly organizations - gas, Russian Railways, etc.;
- budgetary organizations that carry out public procurement at the expense of extrabudgetary funds (for example, at the expense of grants).
Procurement under 44 FZ: where to start?
It is difficult to start the procedure of participation in public procurement. All the most important things you need to know from the 44 Federal Laws on public procurement:
- study Federal Law 44 for dummies;
- prepare a package of documents confirming the rights of the organization to participate in the auction;
- prepare a package of documents for a product (service) that meets the requirements of the customer;
- develop a system of activities that are carried out before the conclusion of the contract;
- appoint responsible persons for carrying out activities.
To conclude a contract, it is necessary to take into account the terms established by Federal Law 44.
Download the text of the law
According to 44 FZ for dummies, public procurement is divided into:
- contests;
- auctions (electronic placement of orders);
- quotes;
- public procurement from a single supplier.
To become a supplier, you must study Federal Law 44 for dummies. You can download the Federal Law "On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs" .
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44 Federal Law of Public Procurement
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Application of 44-FZ from 01/01/2017, for MUPs
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Form or form of expertise on public procurement 44-FZ
a form or form or an example of an expertise on public procurement 44-FZ procurement for a major overhaul of a building
December 30, 2014, 18:07, question #672377 Salbiy, Krasnogvardeyskoye
Today, all issues related to the placement of state orders are regulated by the Law on the contract system - 44-FZ.
Any legal entity or individual entrepreneur can be a participant in the placement of a state order. Only those who are registered in offshore zones will not be allowed to purchase. The list of these zones is regularly updated by the Ministry of Finance. At the beginning of 2019, this list included 42 states.
Let us analyze in more detail what options for placing an order are provided for the customer in the contract system, as well as in which he himself can take part.
Methods for placing orders under 44 FZ
For a budgetary institution are available:
- competitive (for example, competition);
- non-competitive (for example, purchases from a single supplier);
- remote (electronic auction);
- for a limited circle (closed competition)
supplier identification procedures.
All these methods of choosing the winner were introduced by the law on placing orders No. 94-FZ more than 12 years ago. However, at present they are adjusted by 44-FZ.
All options for placing a state order (they are also methods for choosing a supplier) can be represented by such a scheme.
Non-competitive way to select a performer
Of the above methods of placing an order, only purchasing from a single supplier is a non-competitive method of selecting a contractor. In Law 94-FZ, it was allowed in 37 cases. According to the rules in force at the beginning of 2019, there are 54 such cases.
The services of a single supplier are resorted to when purchasing goods and services from subjects of natural monopolies, works from authors of works of art or copyright holders, and conclude contracts on orders of the government or the president. A complete list is provided in Art. 93 of the law 44-FZ.
Purchasing from a single supplier requires less organizational, time and material costs compared to competitive methods. Therefore, regulatory authorities ensure that customers do not abuse this opportunity.
Competitive ways to select a performer
The most common competitive procurement method is an electronic auction. This type of selection is remote (conducted on electronic platforms), is not limited in price and is carried out in accordance with Art. 59 of the law "On the contract system". It is mandatory if for the needs of the state they purchase services, works or goods listed in the Order of the Government of the Russian Federation of March 21, 2016 No. 471-r. Among them:
- food and drinks;
- tobacco products;
- textiles and clothing;
- leather and leather goods;
- wood and products from it (except furniture);
- paper and products from it;
- oil products;
- coal;
- chemical products and substances.
It is also possible to place an order through a competition. This is another competitive supplier selection method. It can be open or limited participation, as well as two-stage. The most common of them can be considered an open competition. Now it is obligatory to establish in the documentation the requirement to secure the application. It must be accepted both in the form of a bank guarantee and in the form of real money. In addition, compared with 94-FZ, they differ:
- minimum deadlines for filing applications (not thirty days, but twenty);
- terms for which it is possible to extend the period for receiving proposals (at least 10 days, instead of at least 20);
- the procedure for concluding a contract, if one application was submitted or remained (required approval).
When conducting a request for quotations, an important point is the initial maximum contract price (IMCC). When it exceeds half a million rubles, the customer is prohibited from choosing a supplier by this method. This rule can be violated only by customers who work on the territory of a foreign state.
As for the request for quotations, after the entry into force of 44-FZ, the customer has the opportunity to make changes to the notice. The main limitation is that these adjustments should not be related to the object of the purchase. In addition, now the opening of applications is held publicly.
We will clearly show the features of each option for choosing an executor in the diagram.
