44 Federal Law on public procurement. The main thing about the Procurement Law: comments, structure, basic concepts. Provide an application for participation

Today, all issues related to the placement of government 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 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's look in more detail at what options for placing an order are provided for the customer in the contract system, as well as in which he can take part.

Methods for placing orders under 44 Federal Laws

Available for budget institutions:

• competitive (for example, competition);
• non-competitive (for example, purchasing from a single supplier);
• remote (electronic auction);
• for a limited circle (closed competition)

procedures for identifying a supplier.

All these methods of choosing a winner were introduced by the law on placing orders No. 94-FZ more than 12 years ago. However, they are currently adjusted by 44-FZ.

All options for placing a government order (also known as methods for selecting a supplier) can be represented by such a diagram.

Non-competitive method of selecting a performer

Of the above methods of placing an order, only purchasing from a single supplier is in a non-competitive manner selection of performer. Law 94-FZ allowed it 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 natural monopolies, works from the authors works of art or copyright holders enter into contracts by order of the government or the president. The full list is presented in Art. 93 of 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 (carried out 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 services, works or goods listed in Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r are purchased for the needs of the state. Among them:

• food and drinks;
• tobacco products;
• textiles and clothing;
• leather and leather products;
• wood and products made from it (except furniture);
• paper and products made from it;
• petroleum products;
• coal;
• chemical products and substances.

It is also possible to place an order through a competition. This is another competitive method of supplier selection. It can be open or limited participation, or two-stage. The most common of them can be considered an open competition. Nowadays it is mandatory to establish a requirement to secure the application in the documentation. It must be accepted both in the form of a bank guarantee and in the form of real cash. In addition, compared to 94-FZ, they differ:

• minimum deadlines for submitting applications (not thirty days, but twenty);
• terms for which it is possible to extend the period for accepting proposals (at least 10 days, instead of at least 20);
• procedure for concluding a contract if one application has been submitted or remains (approval required).

When requesting quotes important point is the initial maximum contract price (IMCP). When it exceeds half a million rubles, the customer is prohibited from choosing a supplier using this method. This rule can only be violated by customers who work in a foreign country.

As for the request for quotes, after 44-FZ came into force, the customer had the opportunity to make changes to the notice. The main limitation is that these adjustments should not be related to the procurement object. In addition, bid openings are now held publicly.

We will clearly show the features of each option for selecting a performer in the diagram.

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form or form or example of examination for government procurement 44-FZ procurement according to major renovation building

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To learn how to participate in government procurement from scratch, use step-by-step instructions on how to work according to 44-FZ.

Before the beginning

The first thing anyone who is puzzled by the question of how to start working in government procurement should do is. Pay attention to this task so as not to waste time and immediately focus on potentially profitable trades. If the check shows that government customers need your goods, works and services, proceed to the first step of the instructions on government procurement for dummies.

Step 1. Preparing the necessary documents

Step-by-step instructions on how to participate in tenders for a beginning individual entrepreneur ( individual entrepreneur) and LLC (limited liability company) begins with preparing copies of the following documents:

• statutory documents;
• documents confirming entitlement general director;
• licenses if the activities carried out by the organization are subject to licensing;
• , if, in accordance with the law, participation in an SRO is mandatory for the organization.

You may need copies of completed contracts and acts to them, documents on the qualifications of employees, certificates of absence of debts on taxes and fees.

Step 2. Registration of digital signature and accreditation on the trading platform

Many government purchases for beginners, according to law 44-FZ, are carried out in the form of trading platforms. To participate in them you must register.

The electronic signature must be enhanced and qualified. This is required by Art. 5 44-FZ.

An electronic digital signature is a flash drive with a digital key stored on it that confirms the authority of the person using it. Such keys are issued by special organizations accredited by the Ministry of Telecom and Mass Communications. The service is paid, the price of an electronic digital signature for participation in trading on all eight trading platforms is about 5,000 rubles. in year. After expiration of the digital signature, it is necessary to update it. To obtain a key, you need to submit an application to the certification center and provide a set of documents. The service period is 2-3 days.

Since 2019, there has been a transition to electronic procedures. They are held at eight sites:

There is also a specialized platform for closed electronic trading and government defense procurement - .

Step 3. Search for tenders and study documentation

All purchases under 44-FZ are posted on the website www.zakupki.gov.ru. Electronic requests for quotations and electronic auctions for government procurement are the most optimal procedures for beginners. These are quick tenders, they do not necessarily require collateral, the supplier is determined only by price. We recommend starting with them.

Using the service you can find suitable tenders according to established criteria. Need to install:

• initial bid price range;
• region of delivery;
• customer name;
• keywords notices and more.

When you click on the notification, a page opens containing complete information about the ongoing purchase. At this stage, it is important to carefully study the requirements of procurement documentation in order to learn how to participate in government procurement and correctly prepare an application for the customer.

Pay attention to the requirements for securing the application, providing licenses and certificates, and whether documents confirming qualifications and experience are needed. Study carefully technical task and a draft contract for the availability of contract security, deadlines, compliance of the purchase volume with the capabilities of the organization, and the presence of penalties for improper execution.

Step 4. Opening a special account

If the documentation provides for securing the application, then you will have to open a special account under 44-FZ. This concept came to the contract system with large-scale amendments in July 2018. Previously, money to secure an application was placed on the trading account of the electronic platform.

In 2019, you need to open a separate bank account in which the money to secure the application is located, and will also be debited from it. We have not only prepared step-by-step instructions, but also collected information on the conditions under which banks open special accounts. Read more about this in the article. Or watch the video.

Step 5. Preparing and submitting an application for participation

The participant's application is in electronic or paper form, drawn up in full accordance with the requirements of the procurement documentation. Documents must be certified by an authorized person of the participant and contain reliable information. A separate instruction would be useful here. The prepared materials must be sewn, numbered, placed in an envelope, sealed and delivered to the customer at the address specified in the documentation. submitted electronically via trading platform. It is important to submit it before the deadline specified in the documentation expires. Applications submitted late will not be accepted into the tender. If the documentation provides, the participant must transfer the specified amount to the customer’s bank account or to the trading platform operator before submitting it.

The tender results are published on the EIS website. How to become a winner was described in the article. Instructions on how to submit an application will also be useful.

Step 6. Signing the contract

After the victory, the work with documents is not finished.

The customer must send a draft contract. For example, for an electronic auction, 5 calendar days are allotted for this. The winner has 5 days to review the project. Pay attention to the sections:

• deadlines;
• penalties.

If you need to make changes, you can submit it once. This right is provided for in Art. 83.2 44-FZ.

Video: step-by-step instructions for participation in government procurement and tenders

Everything you need to know about government procurement since 2017, what changes in procurement have already come into force and what are just expected, how to formulate and maintain a procurement plan in a new way, how to formulate and make changes to the schedule in a new way.

The public procurement system is designed to regulate contractual relations between state and municipal customers and suppliers of goods, works and services. The state understands the goals and objectives of effective activity in the field - increasing the level of competition, ensuring the transparency of government orders, simplifying procedures for customers and participants when using electronic trading, and increasing the final effectiveness of government orders.

Laws on public procurement

Basic laws regulating activities in government order- This:

• Law No. 44-FZ on the contract system (latest version of Law 44-FZ);
• Law No. 223-FZ on procurement of certain types legal entities;
• Law No. 135-FZ on the protection of competition;
• Law No. 63-FZ on electronic signatures.

The State Duma scheduled a meeting on amendments to electronic procurement for the fall. These are the largest amendments in the last three years: they will affect all customers, and changes to the text will affect at least half of the articles of the law. A table in which we compared the current procurement rules with electronic ones will help you prepare for changes in advance.

What will change in the work of customers from January 1, 2018? We have revealed the meaning of all the confusing changes that will take effect from the first day of January.

To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get electronic signature. Select the platform that best suits your organization and register. Next, generate documentation and notices, carry out procedures and identify a supplier and conclude a contract, taking into account the characteristics of each procurement method.
See solutions for each electronic way: auction, competition, request for quotations, request for proposals.

Government procurement under 44-FZ

State customers are guided by Law No. 44-FZ in meeting their needs and core activities. It strictly regulates the methods and procedures for implementing procurement activities. Customers are required to plan, post procurement information in limited time, promptly respond to requests from participants and, if necessary, make changes or cancel insufficiently developed purchases of 44 Federal Laws.

The procedures that the customer can carry out within the framework of the law are:

• request for quotations (mainly for the purchase of goods and services for no more than 500 thousand rubles);
• electronic auction, determined by the list;
• open competition (to determine the performer based on the principles of professionalism and experience);
• competition with limited participation;
• request for proposals (for small purchases);
• purchase from a single supplier (most of the purchases for purchases up to 100 thousand rubles).

Government procurement under 223-FZ

If the customer’s funds are not formed from federal budget, or the customer is a commercial company with state participation, when making purchases he will be guided by Law No. 223-FZ.

Organizations that conduct procurement under this law are more free to determine requirements for contractors for purchased services and products. The process of determining contractors is regulated by the procurement regulations of each organization. However, the clauses of the internal procurement regulations should not contradict the laws.

Participation in public procurement

Every organization and individual can take part in government procurement. To do this, you need to find information in the Unified Information System zakupki.gov.ru on the activity profile of interest.

The UIS contains all announced procurements, as well as procurement plans for the current and next years. The fastest way for an organization to participate is through tenders, quotations, or requests for proposals. To participate in electronic procedures, you must obtain an electronic digital signature and undergo accreditation on electronic platforms. Suppliers of works or goods mostly participate in electronic auctions. This determines the list of contract items approved by the government in Order No. 471-r dated March 21, 2016.

Procurement site under 44-FZ and 223-FZ

All purchasing information government agencies located in the EIS. In addition to information cards and documentation, customers post up-to-date information on the stages of procurement: changes, clarifications on requests, opening protocols and application evaluation protocols.

Information on government procurement by municipal and commercial customers who work under Law No. 223-FZ is also posted in the Unified Information System. It is necessary to comply with the deadlines established by law for the publication of working documents on procedures. Customers are also required to post procurement plans for the next financial and planning year.

Government order - examples of action

State order- this is an agreement for the provision of services or the supply of goods, payment for which is carried out through government funding. Accordingly, customers who are representatives of the state can take part in state orders: the state itself, territorial subjects, municipalities, enterprises that have a certain part of state property and shares in their capital.

A state order can relate to any field of activity, in particular to the field of activity of natural monopolies.

State procurement from natural monopolies is an extremely common procurement procedure under 44-FZ. Almost no state or municipal customer can do without services that are provided by natural monopolies. It must be borne in mind that government procurement rules specifically define the rules for such procurement.

State orders from natural monopolies(CEM) is implemented in the form of procurement from a single supplier. This gives the customer a number of advantages. Let's list them:

1. the customer does not inform or notify the control body about such a government contract.
2. the examination provided for in the government contract is carried out by the customer independently.

Let us recall that subjects of natural monopolies include not only companies listed in the register of subjects of natural monopolies, but also other companies operating in the field that is considered the field of activity of subjects of natural monopolies.

Also, procurement under government orders from monopolies includes:

1. Transportation of energy resources via pipeline (gas, oil);
2. Logistics (railway and air transport);
3. Work with radioactive waste;
4. Water, heat and electricity;
5. Postal services.

Procurement planning: schedule and procurement plan

Each customer must understand the volume of purchases to form their own budget. At the same time, he needs to maintain a procurement plan that reflects the volumes of goods, works and services purchased next year. The customer also maintains a schedule, indicating in it specific deadlines carrying out procedures, allocated funds, method of determining the supplier, codes of products and services.

For proper planning, it is necessary to carry out a justification for procurement. This includes, among other things, justification of the purchase price. The priority method for determining NMCC is the method of analysis and comparison of market prices.

When planning, it is necessary to take into account the rationing of purchases for internal use. Since 2016, the main managers of budget funds have determined standards and requirements for purchased products for themselves and their subordinate organizations.

Public procurement object

To conduct a purchase under 44-FZ, the customer must correctly describe the subject of the purchase. The object must be characterized objectively; technical, functional and quality characteristics must be indicated.

It is now prohibited to indicate specific trademarks or trade names. The description may include drawings, specifications, photographs and sketches; indicators of the subject of purchase must be indicated, by which compliance can be determined. Indicators are indicated with maximum and minimum values.

Conducting purchases up to 100 thousand rubles.

It is possible to become a contractor under a contract with a government customer without participating in competitive procedures. Customers have the right to make purchases from a single supplier in amounts up to 100 thousand rubles. without tendering with a total purchase volume of no more than 5% of the total annual purchase amount. This procurement procedure is the fastest for the customer. He has the right not to reflect information on such purchases in the schedule, only indicating the total amount.

Participation in procurement and conclusion of contracts

After all stages of government procurement have been completed, the winner is determined. In most cases, 10 days after the publication of the final protocol, a contract can be concluded. The template attached to the documentation includes the details of the winner, the total amount of the contract, the amount of penalties and fines. It is prohibited to make other changes to the contract not provided for by the project. The essential terms are the subject, price and terms of the contract.

When securing obligations under the contract, the contractor may provide cash to the customer's account. It must be entered in the register of bank guarantees, which the customer checks and receives the original of this guarantee, even if the contract is concluded in electronic form on the site.

Cancellation of the procedure for determining the executor

The customer has the right to cancel the determination of the supplier during the submission of applications for participation in tender procedure. This must be done if funds have not been provided to fulfill obligations under the contract, circumstances affecting the subject or timing of execution have changed, or if it is necessary to change the subject of the procurement itself.

The customer has the right to cancel the procedure 5 days before the deadline for submission and the start of opening envelopes with applications. At the same time, he is prohibited from opening applications that have already been received.

✔ Related material:

To cancel your purchase if you need to, follow step by step instructions and the time table in our article. This will avoid claims from procurement participants and control authorities.

Dumping in procurement and countermeasures

Cases of price collapse by one of the participants during procurement have long been known. Such situations were associated with further dishonest performance and receipt of an advance under the contract. After this, government procurement participants refused to fulfill the terms of the contract and did not return the advance payment. To limit such cases, anti-dumping measures were established by law.

In the event of a price drop of 25% or more, the winner is obliged to provide security 1.5 times more than specified in the procurement documentation. If the NMCC was less than 15 million rubles, the executor, instead of security, can provide information about his good faith.

Contract service under 44-FZ

Procurement activities on the part of the customer can be ensured in two ways. If the annual volume of purchases does not exceed 100 million rubles, the customer may not create a contract service. In this case, a contract manager is appointed. If the annual volume is above 100 million rubles, the customer creates a contract service, but it is not necessary to establish it as a separate structural unit.

The contract service is engaged in:

• development and adjustment of the procurement plan;
• preparing and making changes to the schedule;
• carries out work to enter all data and documents into the Unified Information System;
• carries out procurement;
• ensures the conclusion of contracts.

Inside contract service The job regulations and responsibilities of each member for carrying out activities must be spelled out. If the duties are not specified, in case of violations of the law and the imposition of fines, they will be imposed on all members of the contract service.

The procurement commission reviews applications and signs protocols. It is formed from members of the contract service, and employees of other departments can also be involved.

Carrying out examination under 44-FZ: internal and external

The customer can enter into a contract to perform functions specialized organization. These include the development of procurement documentation and placement of procurement information in the Unified Information System. The remaining procurement functions remain the responsibility of the customer. The special organization and the customer bear joint responsibility for violation of the law.

Experts and expert organizations in procurement

To assess the effectiveness of the procedures performed and the results obtained, the customer has the right to involve experts and expert organizations. Also, third-party experts may be involved in assessment during the procedures for reviewing participants’ applications.

Notice on the government procurement website

When a procedure is announced on the procurement website, a notice of a competition, auction or other form of tender is generated in the Unified Information System.

It contains information:

• about the customer (location, mailing address, contact person and how to contact him);
• statement of the terms of the contract: name and description of the facility, NMCC, source of financing;
• purchase identification code;
• benefits and limitations for participants;
• place of application submission and deadline;
• conditions and amount of filing security for applications;
• amount of contract security.

If the information in the notice and procurement documentation is different, this is a reason to cancel the procedure and impose a fine.

Submission, amendments and withdrawal of applications

A participant has the right to submit only one application for one procedure or lot. If two or more applications are submitted, they will not be allowed to participate. Therefore, if you want to change or supplement the submitted information as part of the application, the participant can withdraw his application or make changes to it with an additional envelope. This must be done before opening envelopes with applications.

Limitations of negotiations with procurement participants

Any negotiations between the customer and participants in the procedures until they are completed are prohibited by law. To avoid conflict situations It is recommended to avoid any contact and not meet with the participants, even if they insist under the pretext of giving clarification on the points of the documentation.

Open competition: holding, participation, application

A competition is the main method of procurement when determining the contractor based on the principles of the importance of high-quality execution of the subject of the contract, as well as the qualifications and work experience of the participants. All organizations that meet the documentation requirements can take part in the open competition. Participants provide information about their qualifications and experience in performing similar work and exhibit reasonable price not higher than NMCC. Moreover, when evaluating an application, the weight of the proposed price can be reduced to 0 points for some types of work and services.

Applications for the competition must be submitted in paper form in a sealed envelope. The scope of the application is not limited and may have great amount applications and documents confirming the participant’s qualifications. On this moment the law provides for the submission of applications in the form electronic documents through the EIS. But the system does not yet have electronic filing capabilities.

If no more than 1 application was submitted for an open competition, the possibility of a conclusion will have to be agreed upon by the FAS. The agency checks compliance with the conditions for accessibility of participation in the competition and the presence of possible restrictions on competition.

Closed methods for determining performers

Closed methods include:

• closed competition with limited participation,
• closed two-stage competition,
• closed auction,

These procedures are applied in cases of procurement of goods, works or services related to state secrets, as well as in the protection, transportation and insurance of state valuables and museum exhibits. Cleaning services and driver services for judges and bailiffs are also purchased through private means.

The secrecy of the procedure implies the sending of invitations to participate to a limited number of participants who meet the requirements of the law and are capable of fulfilling the subject of the contract.

Electronic auction: participation, holding, electronic platforms

The most common method of purchasing goods and a number of works and services is an electronic auction. The list of contract items required to be purchased by auction in electronic form was approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r.

The peculiarity of the procedure is that the customer is relieved of the obligations of accepting applications, securing and organizing tenders. Electronic platforms have taken over this function. For trading under Law No. 44-FZ, 6 official electronic platforms have been approved. There is also a large number of accredited trading platforms in accordance with 223-FZ.

The customer still has work to do in terms of reviewing the compliance of parts of applications with the conditions of the electronic auction. In the first part of the application, the information submitted by the participant about the subject of procurement and compliance with the requirements of the documentation are considered. The electronic platform opens access to the second parts of applications after the auction. The customer evaluates the compliance of the participants’ documents, the completeness and accuracy of the submitted data.

If the electronic auction is declared invalid and one application was submitted or the remaining applications were rejected, then, unlike an open competition, the customer does not need to coordinate the conclusion of the contract with the supervisory authorities.

Law No. 44, adopted on 04/05. 2013, defines the main provisions of public procurement for municipal and state needs. This law came into force in 2014. The law defines the basic principles of procurement, highlighting the stimulation of innovation and the professionalism of the customer as the main principles.

The customer and the supervisory authority must work on a professional basis and have all the necessary theoretical and practical knowledge. Now, to carry out procurement, it is necessary to attract specialized workers specially trained for this. And if the amount of annual purchases exceeds 100 million rubles, then specialized units should work. If the volume of purchases does not exceed the specified amount, then it is enough to appoint an official who will carry out this work– contract manager. His responsibilities include conducting procurement, drawing up reports, arranging auctions, and so on.

Now everyone belongs to the contract system state procurements and the stages of their implementation:

• procurement planning;
• supplier definitions;
• conclusion of a contract, civil contract;
• features of contracts;
• monitoring;
• audit;
• control.

Procurement planning is important element the whole process. The planning process includes the development of procurement plans according to schedules for the entire this year. They should contain detailed information about all planned purchases. Necessary changes can be made to the plans in the future, guided by the legislative framework.

In terms of procurement methods, there are nine cases in which a request for proposals can be conducted. This is determined by Art. 83 of the Federal Law. The customer can conduct a request for proposals if the auction procedure did not take place. The procurement system has undergone changes; now competition is considered a priority for public procurement.

With the new changes, customers are forced to justify their purchases, and not only the price of services and goods, but also their necessity. In addition, there are anti-dumping and anti-corruption measures in place that also control procurement for government agencies. If the initial purchase price exceeds 1 million rubles, then in the process of its implementation a public discussion of the need for goods or services is necessary.

Procurement monitoring is carried out through transparency, when documentation is checked at all stages of public procurement. Audit this process is within the powers Accounts Chamber, control and accounting bodies and municipalities. Control of this activity is carried out by the bodies of the Federal Antimonopoly Service of Russia.

The law also defines new features of the purchase of goods or services from a single supplier. Similarity of goods is excluded. And now purchases for a cost of no more than 100,000 rubles can be carried out on the condition that the total amount of such purchases is no more than 5% of the amount of all purchases in the schedule, and no more than 50 million rubles. But there are exceptions to this rule, since these restrictions do not apply when purchasing for the needs of rural settlements.

The phased entry into force of the Law should end in 2017, when all its provisions will be in full force.

About Federal Law No. 223

On July 18, 2011, Law No. 223 “On the procurement of goods, works, services” was issued certain types legal entities". Compared to Federal Law No. 44, it is softer and does not dictate procurement rules so strictly. Thus, the provisions of the Law do not require justification for procurement, and changes can be made to the schedule at any time. In accordance with Federal Law 223, changes may also be made to an already concluded contract regarding price, purchase volumes and timing.

To begin work under Federal Law 223, an institution must adopt the Procurement Regulations and procurement plans. The position must be approved by the manager. Next, the Regulations along with the plan are posted on a specialized website, and procurement begins from the beginning next year. Thus, the procedure here is regulated by the Regulations, and not by the Law itself.

On the government procurement portal, the participant must register two personal account. All offices must be designed in accordance with two current Laws, Federal Law No. 44 and Federal Law No. 223.

The main requirement of the Law is the mandatory posting on the website of information about procurement and reports on procurement. Information is posted monthly, reports are submitted no later than the 10th of the next month.

Differences between Federal Law 44 and Federal Law 223

In our country, there are two existing Laws on the basis of which procurement activities are carried out in the public sphere. We show the main differences between the two regulatory legal acts schematically:

Main differences between the provisions of the Laws
The federal law No. 44 is 10 times larger in volume. It regulates the procurement procedure in the public sphere more thoroughly. It is more suitable for beginners. This Law applies to all government procurement, regulating each stage of such processes. If the regulations are violated in any way, there will be a fine. Unscrupulous entrepreneurs are already included in the lists.	Federal Law No. 223 is small in scope and is more suitable for experienced employees, since it does not describe the entire public procurement procedure in such detail. This Law does not describe all stages of the transaction in detail. At the same time, companies should independently approve regulations that will regulate this process in detail.
Who is the customer?
Any municipal institutions and state-owned enterprises, financed from the state budget.	Any companies whose share of government funding is more than 50% budgetary institutions, monopolies, businesses performing regulated types of activities.
Who can be the supplier?
	Individuals and legal entities.
Under this Law, closed or open competitions. Limited participation tenders, electronic auctions, requests for proposals and price quotations may also be held. Purchasing from one supplier is limited.	There are two mandatory methods of procurement: competition and electronic auction.
Electronic platforms
There are only five electronic trading platforms.	There are more than a hundred platforms, and customers are not limited in their choice.
Required signature on ETP
You can get by with an unqualified signature.	Depending on the ETP, you can use either a qualified or unqualified signature.
Application deadlines
All customers strictly adhere to the prescribed deadlines for each specific stage.	The deadlines are determined by the customer himself, stating them in the regulations.
Reporting system
Reports on completed procurements must be posted on the government procurement website.	Procurement reports should also be posted on a specialized website. And such reports are submitted no later than the 10th day of the month following the reporting month. The reporting includes: total cost contracts, agreements for all purchases, state secrets, agreements with medium and small businesses.
Contract guarantees
Regardless of the cost, the customer may require the auction winner to secure the contract. The amount may consist of 5-30% of the value of the entire contract. The method of provision can be chosen by the customer. This could be a bank guarantee or depositing money into a personal account.	According to this Law, the customer has the right to independently decide whether to require contract security or not.
Termination of the contract or amendments to its clauses
According to Federal Law No. 44, the customer cannot terminate the contract independently or make changes to it.	According to Federal Law No. 223, any customer has the right to change the terms of the contract. Conditions such as scope of work, price and timing may be subject to change.
Appealing actions
The Law clearly defines the entire procedure for filing a complaint against the actions of the customer. The complaint must be in writing and submitted to the local FAS office. After this, the complaint must be published on the official website of public procurement, and such publication should be made no later than 2 days from the moment it was received by the authorities. The authorities must consider the complaint, analyze it and make a decision within 5 days from the date of its filing.	According to Federal Law No. 223, filing a complaint against the customer’s actions is also possible. Written complaints are also submitted to the FAS authorities. But in order to file a complaint, bidders need to look at the time limits for doing so in the contract drafted by the employer, as that is where the time limits should be defined. It should be remembered that there should be a register of complaints on the official website. And there you can check the presence or absence of a particular complaint.

Thus, Federal Laws No. 44 and 223 regulate the public procurement process. Federal Law No. 44 can be characterized as more clear; it defines the entire procedure in stages, indicating specific deadlines and other nuances of public procurement, in contrast to the second legal act. According to Federal Law 223, the customer himself approves the provision in which the procurement and tendering procedure is spelled out in detail.