An open competition is attractive for suppliers because the winner is assessed not only by the contract price, but also by other criteria: qualifications, experience, product quality, etc. In practice, winners often become participants who have not offered the best low price, and ahead of competitors in other parameters. Our article describes the rules of federal law “On the contract system in the field of procurement of goods, works, services for state and municipal needs” established the conduct of an open competition and how participants' applications are evaluated.
When is the open competition held?
The customer who conducts public procurement has the right to choose an open competition if three conditions are met. The first condition is that the procurement object is not included in the list of goods, works and services for which an auction must be held. The second condition is that the object of purchase is not technically complex, innovative, high-tech or other specialized goods. The third condition is that the procurement object does not constitute a state secret.
How long does an open competition last?
In total, the open competition lasts on average from one to one and a half months. The entire procedure can be divided into several stages (see table). The procedure begins with the publication of procurement information in the UIS (unified information system).
In order not to miss the publication of information about competitions, auctions and other types of tenders that interest the supplier, you can connect the “Contour.Purchases” service. In this service, the supplier (contractor, performer) can set up request templates for all competitions or other tenders for “their” goods (works, services). After this, the supplier will promptly receive email notifications that a purchase of interest has appeared on a particular site. Such a tool will relieve the supplier of the need to constantly monitor information and allow him to quickly respond to purchases of interest to him.
Open competition stages
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Open competition stage |
Dates and actions of participants |
|---|---|
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Publication of procurement in the unified information system (UIS) |
No later than 20 days before opening envelopes with applications |
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Reception and registration of applications |
A participant may submit only one application. If necessary, the application can be withdrawn and another one can be made with changes instead. |
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Opening envelopes with applications and drawing up a protocol |
The customer specifies the time and place in tender documentation. Duration of the stage - 1 working day |
|
Evaluation of applications |
No more than 20 days from the date of opening the envelopes. If the procurement object is work in the field of culture, science or art, then the customer has the right to evaluate applications for up to 30 days. Upon completion, the final protocol is published in the EIS |
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Summarizing |
The winner is the participant who offered the best delivery conditions according to the customer’s criteria |
|
Conclusion of a contract with the winner |
No earlier than 10 days and no later than 20 days from the date of posting the final protocol in the Unified Information System |
What information should be included in the notice of an open tender?
The notice and procurement documentation that the customer places in the Unified Information System must contain the following information:
- information about the customer, contract terms, procurement identification code, amount of application security and contract security;
- requirements for participants and an exhaustive list of documents that they are required to provide;
- methods of receiving documents (postal or Express delivery, Email), terms, place and procedure for their provision;
- place, date and time of opening of envelopes with applications;
- benefits provided for certain categories of participants (for example, for small businesses, organizations of disabled people, etc.);
- prohibitions and restrictions on the admission of goods;
- account details for transferring security payments.
What changes can the customer make to the terms of purchase?
The customer has the right to repeatedly make changes to the terms of purchase. The main thing that last change was submitted no later than five days before the closing date for applications. You can change everything except the object of purchase and the amount of the security deposit. However, the last restriction only applies if the payment increases. As for reduction, it is not prohibited.
Each change increases the application deadline. It happens like this: on the day when changes are made, the customer places updates in the UIS and indicates new deadlines for submitting applications. There must be at least ten working days from the date of publication of changes to the deadline for submitting applications.
How to prepare and submit an application for participation
A number of documents must be attached to the application. These include an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, copies of constituent documents, a declaration of conformity, etc. We would like to add that it is best to apply as early as possible. The fact is that among the participants who scored the same number of points during the assessment (we will talk about the awarding of points below), the commission will give preference to the one who submitted the application earlier.
What criteria does the customer use to evaluate applications?
Unlike most other procurement methods, open competition the customer has the opportunity to choose the winner based not only on price, but also on other criteria. The rules for evaluating applications are approved by a resolution of the Government of the Russian Federation (hereinafter referred to as the Rules for Evaluation).
The main criteria by which applications are assessed are:
- contract price;
- properties or quality characteristics goods;
- quality of work, services or qualifications of the participant;
- costs of operating the product;
- expenses for Maintenance goods;
- any other reasonable criteria to evaluate the application.
The customer must use at least two criteria, one of which must be the contract price. In the procurement documentation, the customer lists the criteria and indicates the significance of each criterion. At the same time, the minimum possible significance of cost criteria and the maximum possible significance of non-cost criteria are given in the Evaluation Rules. The total significance of all criteria should be 100%.
By assessing each application according to one or another criterion, the customer determines its rating, that is, assigns a score based on the significance of this criterion. The rating in points is calculated according to the formulas given in the Evaluation Rules. In particular, the assessment according to the contract price criterion is determined as follows: the lowest of the prices offered by all participants is taken and divided by the price offered by this participant. The resulting value is multiplied by 100.
Next, the score is adjusted based on the significance of the criterion. If the significance is, for example, 10%, then the score must be multiplied by 0.1, if the significance is 20%, then the score must be multiplied by 0.2, etc.
Example
There were two participants in an open competition for the provision of audit services: Company 1 and Company 2. When evaluating applications, two criteria were used: the contract price and the qualifications of the participant.
Company 1 proposed a contract price of RUB 40,000, and Company 2 proposed a contract price of RUB 55,000. The significance of the contract price criterion specified by the customer is 60%. The customer rated both companies according to this criterion:
Company 1 received 60 points (40,000 rubles / 40,000 rubles with 100% x 0.6);
Company 2 received 43.64 points (RUB 40,000 / RUB 55,000 x 100% x 0.6).
Based on the participant qualification criterion, Company 1 received 25 points, and Company 2 received 45 points.Company 2 was declared the winner of the open competition.
Terms of the contract
The contract with the winner is concluded no earlier than ten days and no later than twenty days from the date of publication of the final protocol in the unified information system (UIS). Please note: to work in the EIS, as well as to participate in certain types bidding requires a special electronic signature.
A mandatory condition for concluding a contract is the payment by the winner to secure the contract.
In what cases is an open competition declared invalid?
An open competition is considered invalid in two cases. The first case is when no bids have been submitted to the auction. Then the customer must hold a repeat tender, and if there are no applications again, another type of tender is held - a request for quotations (proposals).
The second case was when there was only one participant in the competition, whose application met all the requirements. In such a situation, the competition is declared invalid, and another method is used instead - purchasing from a single supplier.
Government customers make 15% of all purchases from non-profit socially oriented organizations.
What does 44-FZ regulate?
- Planning, monitoring and audit of procurement.
- Selection of suppliers.
- Conclusion of contracts and their execution.
- Procurement control.
What is not regulated by 44-FZ?
- Procurement of services from international financial organizations.
- 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 the 2017 FIFA Confederations Cup.
- Purchasing free legal assistance or defense in court.
- Procurement of election commissions for elections and referendums.
- Payment for participation in procurement.
Who adopts legal acts under 44-FZ?
- The president Russian Federation;
- Government of the Russian Federation;
- Federal executive authorities;
- Rosatom;
- Roscosmos;
- Organs state power subjects of the Russian Federation and local governments.
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, scientific institutes,
Provider- a legal or natural person, including individual entrepreneurs, who participates in the procurement and supplies goods and services.
Zakupki.gov.ru- website of a single information system(EIS), where customers publish purchases and reports. The EIS contains registers of all concluded contracts, unscrupulous suppliers, complaints against customers and other important information.
Initial contract price (IMC)— the cost of delivery of goods, which is set by the customer. The NMC must be justified. Suppliers cannot offer a price higher than the NMC.
Electronic marketplace— a website on which customers place purchases, suppliers submit applications for participation in purchases, and electronic auctions are held.
Specialized electronic platform— a website with access via 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 procurement.
Unified Information System (UIS)
Currently contains
- Information about purchases, the ability to search for them,
- Contract templates,
- Standardization rules
- Information about market prices ah for the goods,
- Procurement plans, schedules,
- Reporting on completed contracts,
- Register of unscrupulous suppliers.
- Unified registration and register of procurement participants.
- Unified catalog of goods, works and services.
- Publication of procurement under RF PP No. 615 (major repairs).
Coming in 2020
- A system for recording the actions of procurement participants in the Unified Information System and on 8 federal ETPs.
Access to information on the EIS is free. If information about the same purchase, customer, contract, etc. on the UIS and in another source is different, then priority goes to the information on the UIS.
EDI organization
Suppliers can submit applications for participation in procurement via electronic trading platforms. In cases determined by the government, electronic document flow may also pass through the Unified Information System. All documents are signed electronically:
- Customers receive electronic signature free from the federal treasury. They work with it in the EIS and on the ETP.
- Suppliers require a signature to participate in e-procurement. Since July 1, 2018, the system has been used in government procurement qualified signatures. Suppliers can obtain a signature from an accredited certification authority.
National regime
The national regime was introduced to give advantages to suppliers of Russian goods and goods from other Eurasian Economic Community member countries. Read more about him here.
Procurement methods
Depending on the source of income, government customers can make purchases under both 44-FZ and 223-FZ. According to 44-FZ, if an organization spends budget money. According to 223-FZ, if it spends its own and it has a procurement provision.
Planning
Procurement plans* |
Schedules |
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This is the basis for schedules. |
You cannot make a purchase that is not included in the schedule. |
|
The description of each purchase contains:
|
| Formed for 3 years. This is the expiration date federal law about the budget. | Formed for the financial year. |
| Plans can be changed. Come into force within 10 working days after the budget is approved. They are published in the Unified Information System, on their websites and in any printed publications within 3 working days after approval, unless they are a state secret. |
Come into force within 10 working days after the budget is approved. They are published in the Unified Information System within 3 working days after approval, unless they constitute state secrets. |
| The plan must justify the object of each purchase in accordance with standard costs. |
The NMC must be justified in the schedule. Customers also take into account purchase quotas different ways and must carry out 15% of all purchases from small businesses and socially oriented organizations. |
* From October 1, 2019, customers will plan purchases only according to 3-year schedules; purchase plans will be cancelled. Until the end of 2019, it is still necessary to draw up a procurement plan and schedule.
During an inspection or upon a complaint from a supplier, the FAS may recognize the purchase as unfounded. Then it is adjusted or cancelled. The perpetrators are brought to administrative responsibility.
All government purchases are regulated. The quantity, price, characteristics of goods and services are established by the federal and local legislation of the Russian Federation.
“On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 was replaced by Law No. 94-FZ, which previously regulated government procurement. The law is intended to regulate relations between government customers and procurement participants at all stages of procurement activities.
Purposes of the Federal Law on Procurement
- increasing the efficiency and effectiveness of procurement of goods, works, and services. Effective and economical spending of budget funds is not only one of the main goals of Law No. 44-FZ, but also one of the basic principles of the Budget Code of the Russian Federation. According to Art. 34 of the Budget Code of the Russian Federation, customers “must proceed from the need to achieve specified results using the least amount of funds (economy).”
- ensuring openness and transparency of government procurement, ensuring access to information. Achieving this goal was realized in the creation of a Unified Information System in which it is possible to track all stages of procurement, complaints and decisions of regulatory authorities on these complaints. All information collected in one place greatly simplifies the work of both system users and regulatory authorities.
- preventing corruption and other abuses in procurement. When conducting an electronic auction, participants act under numbers, and not under their own names, the customer will find out after the fact who won the auction. When requesting quotes, envelopes can be submitted anonymously; only during the procedure of opening the envelopes will the customer find out who submitted the applications. Such measures help to minimize the possibility of unfair competition.
To identify a supplier, contractor or contractor, you first need to plan electronic procedures. Get an 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.
Six principles of the contract system
Principle No. 1 - openness and transparency. The principle is expressed in the fact that all information about government procurement, with the exception of that relating to state secrets, is posted in open access in the EIS. Anyone can obtain information about who is purchasing what, on what terms, and how the supplier is or will be determined.
Principle No. 2 - ensuring competition. Competition must be based on the principle of “fair price and non-price competition between procurement participants” (Article 8 of Law No. 44-FZ). Any legal entity or individual can become a participant in public procurement if it complies mandatory requirements, which 44-FZ imposes on suppliers. Unreasonable restriction of competition is contrary to Law No. 44-FZ and entails administrative liability for the customer and its officials.
Principle No. 3 - professionalism. This means, first of all, the professionalism of the customer. Customers “take measures to maintain and improve the level of qualifications and vocational education officials involved in procurement” (Part 2 of Article 9 of Law No. 44-FZ). Procurement under 44-FZ is a complex process consisting of several stages. Only a professionally savvy specialist - a contract manager - can plan a purchase promptly, competently and without violations, prepare documentation, conduct a competitive procedure and sign a contract.
Principle #4 - Encourage Use innovative technologies and processes. The principle is expressed in the fact that when purchasing, the customer must make a choice in favor of high-tech goods, works and services, if possible.
Principle No. 5 - unity of the contract system. Law No. 44-FZ regulates all government procurement, regardless of the scope and subject of the purchase. Compliance with the requirements of 44-FZ is mandatory for all customers and all procurement participants.
Principle No. 6 - responsibility for the result. Customers are responsible for the preparation of documentation, for ensuring competition in procurement, for the legal selection of a supplier, and for fulfilling their obligations under the contract. Participants are responsible for the accuracy of the information provided, for timely provision and confirmation of their good faith, if necessary, for the execution of the contract. And if any of them fails to fulfill their responsibilities, they will be forced to bear responsibility for the violation.
Differences between 44-FZ and the previous regulator 94-FZ
Among the main differences of 44-FZ are:
- EIS. The unified information system is designed to ensure maximum transparency and openness of procurement. Previously, control systems did not allow a quick, objective and comprehensive assessment of the legality of a particular purchase.
- Register of bank guarantees. In accordance with Article 45 of Law No. 44-FZ, bank guarantees provided by procurement participants “must be included in the register of bank guarantees,” otherwise the customer will not be able to accept such security. Frequent cases of fraud with bank guarantees obligated the legislator to provide for the customer a kind of “insurance” against dishonest entrepreneurs and banks.
- Anti-dumping measures under Article 37 of Law No. 44-FZ. When a participant significantly underestimates the price, he must confirm his good faith or provide security “in an amount exceeding one and a half times the amount of security for the execution of the contract.” This will allow the customer to make sure that such a participant intends to conclude a contract and not disrupt the purchase.
- New competitive ways to determine a supplier and criteria for evaluating applications.
Law No. 44-FZ provides for five main ways to determine a supplier. - Expanded requirements for procurement participants. For example, 94-FZ obligated customers to allow for procurement only those participants who are not listed in the RNP. According to 44-FZ, the customer can establish a requirement that not only a legal entity, but also individuals - representatives of the organization’s management team - be absent from the RNP.
Methods for identifying a supplier
Law No. 44-FZ provides five ways to determine a supplier in accordance with Article 24:
- contest;
- auction;
- request for quotations;
- request for proposals;
- purchase from a single supplier.
The first four purchasing methods are competitive procedures. Purchasing from a single supplier can be carried out in a number of cases - when the competitive procedure did not take place (not always), when we're talking about on small purchases up to 100 thousand and in other cases provided for in Article 93 of Law No. 44-FZ.
Contest- this is a method of determining a supplier, in which the winner is the participant who offered best conditions for the customer, that is, price is not the only criterion for evaluating applications (Part 3 of Article 24 of Law No. 44-FZ).
There are competitions:
- open (Article 48 44-FZ);
- with limited participation (Article 56 44-FZ);
- two-stage (Article 57 44-FZ);
- closed (Article 84.85 44-FZ);
- closed with limited participation (Articles 84.85 44-FZ);
- closed two-stage (Article 84,85 44-FZ).
Auction is a method of determining a supplier in which the main evaluation criterion is price. The participant who offered the lowest price will be recognized as the winner of the auction (Part 4, Article 24 of Law No. 44-FZ). An auction must be held if the customer purchases goods, works and services included in the list approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r.
Auctions are:
- electronic (Article 59 of Law No. 44-FZ);
- closed (Article 86 of Law No. 44-FZ).
Request for quotation- a form of procurement in which the winner is the participant who offered the lowest contract price (Part 1, Article 72 of Law No. 44-FZ).
Request for proposals- a procurement in which the winner is the one whose proposal best meets the requirements for a product, work or service established by the customer (Part 1 of Article 83 of Law No. 44-FZ).
Electronic procurement platforms under 44-FZ
Procurement under 44-FZ is carried out on 6 specialized electronic platforms.
- CJSC "Sberbank-Automated Trading System";
- State Unitary Enterprise "Agency for government order, investment activity and interregional relations of the Republic of Tatarstan" (All-Russian electronic trading system);
- JSC "Electronic trading systems» (National Electronic Platform);
- OJSC Russian Auction House;
- LLC "RTS-Tender";
- JSC "Unified Electronic Trading Platform".
Trading under 44-FZ can only be carried out on these sites.
Planning and algorithm for procurement under 44-FZ
Procurement planning. All purchases carried out by the customer must be included in the schedule and procurement plan. You cannot purchase something that is not included in the schedule and procurement plan. Decree of the Government of the Russian Federation No. 73 of January 25, 2017. introduced new forms of schedules and procurement plans.
To conduct a purchase under 44-FZ, the customer needs:
- Register (re-register) in the Unified Information System and on the ETP, obtain an electronic digital signature (EDS) at the Treasury. Those who registered in the Unified Information System (US) before July 15, 2016 must register again. The deadline is 04/01/2017, if this is not done, access to Personal Area will be closed. The requirement is indicated in the Order of the Federal Treasury dated December 30, 2015 No. 27n.
- Appoint a contract manager or create a contract service. In accordance with the requirements of Article 38 of Law No. 44-FZ, a contract service must be created for those customers whose annual purchase volume is above 100 million rubles. For the rest, a contract manager can be appointed. From January 2017, the contract manager and contract service employees must have a higher or additional education in the field of procurement.
- Place plans and plans - procurement schedules in the Unified Information System.
- Prepare and post procurement documentation (choose the correct method for determining the NMCC). This must be done taking into account the national regime and all existing bans on the supply of imported products.
- Make a purchase. Depending on how the supplier is determined, the customer must publish intermediate and final protocols. In the auction - a protocol for the consideration of the first parts of applications, a protocol for summing up the results of the auction, in a request for quotations - a protocol for the consideration and evaluation of applications for participation. It is necessary to strictly adhere to the deadlines for posting documents. Administrative liability is provided for violation of deadlines.
- Sign contract. The EIS library already has several standard contracts for certain types of procurement items. The contract is being developed contract service customer or contract manager.
- Accept the product/work/service.
- Pay for the contract and post reports.
If the winner avoids concluding a contract, the customer is obliged to submit information to the FAS. FAS, in turn, decides to include such a supplier in the register of unscrupulous suppliers.
Customer reporting under 44-FZ
The customer is obliged to publish a report in the Unified Information System:
- By volume of purchases from SMP and SONKO. The procedure and form of the report are regulated by Decree of the Government of the Russian Federation No. 238 of March 17, 2015.
- For completed contracts. The form and procedure for submitting the report is described in Government Decree No. 1093 of November 28, 2013. The report must be accompanied by the results of the examination and a document confirming the acceptance of the results in accordance with Part 10 of Art. 94 of Law No. 44-FZ. Separate reporting is provided for the register of contracts (Article 103 of Law No. 44-FZ) and separate reporting for the stages of contract execution (Part 9 of Article 94 of Law No. 44-FZ).
- For purchases from a single supplier, contractor. The customer must justify the need for procurement in this particular way in accordance with Part 3 of Article 93 of Law No. 44-FZ.
Timely placement of the report is the personal responsibility of the contract manager. For violation of deadlines, administrative liability is provided under Art. 7.30 Code of Administrative Offenses of the Russian Federation.
Who can participate in procurement under 44-FZ
According to the requirements of Law No. 44-FZ, procurement participants can be any legal and individuals regardless of their location and legal form, if they comply with the requirements of Article 31 of 44-FZ.
Cannot participate in procurement persons who:
- have a criminal record under Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation. If anyone from the management team of a participant has an outstanding or unexpunged criminal record under these articles, they cannot participate in government procurement. It is also not allowed to apply “punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities” to a procurement participant in accordance with Part 1 of December 28, 2016;
- were prosecuted under Article 19.28 of the Code of Administrative Offenses of the Russian Federation 2 years before participating in the procurement (Part 2 of Law No. 489-FZ of December 28, 2016);
- are in a state of liquidation, bankruptcy or suspension of activity;
- have debts to the budget to pay taxes, fees, penalties, fines;
- are under the jurisdiction of Turkey or under the direction of Turkish citizens when it comes to the procurement of works and services;
- are offshore companies;
- have a conflict of interest with the customer, its managers, contract manager, and members of the commission. A conflict of interest is understood as the presence of direct family ties.
What does a supplier do to participate in government procurement?
In order to become a participant in government procurement you must:
- Obtain an electronic signature from a special certification center;
- Register on the trading platform. Send to site operator constituent documents organizations;
- Install and configure digital signature;
- Be accredited on trading platforms according to 44-FZ;
- Find the procurement of interest independently or with the help of special organizations, familiarize yourself with its requirements, prepare and timely submit an application for participation;
- Decide on the form of securing the application (contract). If the procurement form allows, using a bank guarantee is more convenient and cheaper. Confirm good faith, if necessary, in the manner prescribed by the procurement method.
- If you win, sign the contract in a timely manner (submit a protocol of disagreements).
You can participate only after detailed familiarization with the terms of purchase. If any item in the procurement documentation raises questions, you can contact the customer for clarification.
Procurement control
Departmental control. The rules for conducting departmental control in public procurement are regulated by Decree of the Government of the Russian Federation dated February 10, 2014 No. 89. In accordance with Art. 100 of Law No. 44-FZ, departmental control is carried out by:
- government agencies;
- state corporation for atomic energy"Rosatom";
- State Corporation for Space Activities "Roscosmos";
- management bodies of state extra-budgetary funds;
- municipal authorities.
FAS controls the procurement procedures themselves. Powers to control public procurement are distributed between the Treasury and the Ministry of Economic Development in accordance with Decree of the Government of the Russian Federation of September 30, 2014 No. 996. At the moment, treasury control is under Part 5 of Art. 99 of Law No. 44-FZ suspended in accordance with Decree of the Government of the Russian Federation No. 315 of March 20, 2017:
- for federal customers until 01/01/2018;
- for municipalities and constituent entities of the Russian Federation until 01/01/2019
From July 1, 2017, the Ministry of Economic Development will transfer to the Ministry of Finance all powers to control the UIS and regulate the entire contract system.
Internal control. It is expressed in the fact that the customer must control the execution of the contract by the supplier (Article 101 of Law 44-FZ). Control over the involvement of subcontractors and co-executors also lies with the customer. The customer determines the control methods himself; they are not prescribed by law.
Public control. Implemented in the capabilities of citizens, public associations and associations legal entities publicly discuss government procurement and request all documents of interest from customers. Customers are required to deal with such requests in general procedure. As part of public control, the following can be carried out:
- independent monitoring;
- assessment of the effectiveness of public procurement.
As part of public control, a third party, who is not a procurement participant, may file a complaint with the supervisory authority.
Hello dear readers online schools“ABC of Tenders”! From 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 beginning to learn how to participate in government tenders.
When conducting public procurement within the framework of 44-FZ, the customer, along with the notice, is obliged to place in the unified information system (UIS) documentation on the ongoing procurement, the content requirements for which are established in Law No. 44-FZ.
So, the procurement documentation under 44-FZ consists of:
Notifications of procurement. This is a document that contains key information about the 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;
- purchase identification code;
- restrictions on participation in determining the supplier established in accordance with 44-FZ;
- method of determining the supplier;
- deadline, place and procedure for submitting applications;
- size and procedure for providing security for applications;
- the amount and procedure for providing security for the performance of the contract.
Note: General requirements to the contents of the notice are established in Article 42 44-FZ. However, for each individual procurement method, the composition of the information contained in the notice may differ.
Technical specifications. Almost every procurement documentation contains a “Technical Specifications” section. This is a section or part of the documentation in which the customer describes the procurement object - goods, work 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 procurement.
Note: Rules for describing the procurement object that the customer must follow when preparing terms of reference(abbreviated as TZ), established in Article 33 of 44-FZ.
General part. This is part of the documentation in which the customer describes the procurement method, provides information about the concepts and abbreviations used, requirements for participants and the content of applications. The general part also specifies the procedure for withdrawing applications, the procedure for providing clarifications of documentation, and the procedure for evaluating applications. Those. the procurement participant, having studied this part of the documentation, must understand 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 44-FZ);
- closed auction (clause 2, part 1, article 87 44-FZ);
- open competition (clause 4, part 1, article 50 44-FZ);
- electronic auction (clause 2, part 1, article 64 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 basic information about the procurement being carried out.
Note: If the general part of the documentation has a discrepancy with the information card, then you need to be guided by the information specified in the information card, because it takes precedence over the general part.
Justification for the initial (maximum) contract price. This is part of the documentation, which presents the information on the basis of which the customer installed the NMCC.
Note: According to Part 1 of Article 22 of 44-FZ, the NMCC is determined and justified by the customer using the following methods:
- method of comparable market prices (market analysis);
- normative method;
- tariff method;
- design and 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 the draft contract. Those. This is a contract template that will be concluded with the winner of the purchase.
Other documents and materials. Along with the above documents, the customer can attach drawings, diagrams, drawings, technical specifications etc.
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 the method in which this purchase is carried out.
Where and how to obtain documentation about the procurement?
As was said at the very beginning of the article, the notice and documentation of the purchase are placed by the customer in the Unified Information System. 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 according to your search query find a suitable purchase and click on the purchase number.
Third, in the window that appears, you need to follow the hyperlink “Notice of ...” to familiarize yourself with 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, either as separate files or 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 a fee for the provision of documentation, but not exceeding the cost of creating a copy of such documentation.
Changes and clarifications of procurement documentation
If you have any questions while studying the procurement documentation, 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 of 44-FZ is not regulated.
Such a request may be sent by the procurement participant no later than 5 days before the deadline for submitting applications for participation in an open competition (Part 7, Article 50 44-FZ) and no later than 3 days in advance before the deadline for submitting applications for participation in the electronic auction (Part 4, Article 65 44-FZ) or closed auction (Part 4, Article 87 44-FZ).
The customer can also make changes to the procurement documentation, either on his own initiative or in connection with a request received from a procurement participant no later than:
- 5 before the deadline for submitting applications for participation in an open competition (Part 6, Article 50 44-FZ);
- 2 days before the deadline for submitting applications for participation in the electronic auction (Part 6 of Article 63 of 44-FZ);
- 2 working days before the expiration date for submitting applications for participation in the request for quotation (Part 6, Article 74 of 44-FZ);
- 5 days before the deadline for filing applications for participation in a closed auction (Part 7, Article 87 44-FZ).
Important point: Changing the procurement object is not allowed. If changes are made to the documentation, the application submission period is extended.
Documentation as a tool to limit competition
The customer can mechanically influence the number of procurement participants. Very often, the documentation establishes product requirements in such a way that only one or a few participants can meet these requirements.
Restrictions can be set in the documentation by making a requirement for one trademark. Also, a method of reducing participants is used by including in the contract position several types of products that require different characteristics. Sometimes they use the option when one lot is subject to requirements for multiple characteristics that are interrelated in the documentation.
Such actions by the customer are considered a violation. The legislation provides for a clear description of the goods (works, services) that are the subject of procurement.
Unreasonable requirements established by the customer in the documentation may be appealed by the participant to the Federal Antimonopoly Service. Therefore, pay close attention to the requirements established by the customer even at the stage of studying the documentation.
How long are procurement documentation 44-FZ stored?
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, explanations of the provisions of the competition documentation and an audio recording of the opening of envelopes with applications for participation in the competition and ( or) opening access to those submitted in the form electronic documents applications for participation in the competition are stored by the customer at least three years.
So we have reviewed with you the main points related to the procurement documentation. Properly compiled documentation will allow procurement participants to accurately prepare their applications, and customers will avoid fines and inspections by regulatory authorities.
That's all for today. If you still have questions, you can ask them below in the comments to this article.