As is known, 44 Federal Procurement Law provides for liability for non-compliance with its provisions by both suppliers and government customers when conducting procurement in any of the forms specified in the Law. In the table below of fines under 44-FZ, you can determine exactly what liability is provided for violating a specific provision of the Federal Law.

The current legislation in the field of public procurement provides for a number of procedures for the competitive identification of suppliers. However, in certain cases, the use of non-competitive methods is allowed.

The conclusion of an agreement (or contract) between the customer and the contractor has the goal of thoroughly working out the conditions under which both parties will interact in the future. He, ideally, should provide for all conceivable options for the development of events, up to the possibility of breaking this very agreement. Federal Law No. 44 of the Russian Federation “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” provides for three ways to terminate a contract.

According to the procedure for conducting an electronic auction provided for by law, in order to participate in it, the supplier sends the customer an application consisting of two parts. The first part of the application contains the supplier’s agreement to fulfill the terms of the government contract in accordance with the notice and auction documentation, as well as a description of the goods, works, and services. In the process of reviewing the first parts of applications, a list of participants admitted to participate in the auction is formed. After the auction is completed, the customer reviews the second parts of the bids.

In accordance with Law No. 44-FZ, the supplier confirms its participation in electronic bidding for the conclusion of a government contract by sending an application to the customer. An application for participation in the auction is submitted electronically and contains two parts, which are simultaneously sent to the operator of the electronic trading platform.

Law No. 44-FZ establishes several different methods for competitively identifying suppliers. One of the ways to search for contractors under government contracts within the framework of this law is to request quotes.

One of the ways to search for contractors under government contracts within the framework of Law No. 44-FZ is a request for proposals. The customer has the right to carry out this procedure only in established cases provided for in Part 2 of Article 83 of Law No. 44-FZ.

An electronic auction is undoubtedly the most popular competitive procedure carried out within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Its distinctive feature is its versatility, which allows this method to be used in almost any situation.

What is contract enforcement? Ensuring contract execution is one of the most important elements of cooperation between the customer and supplier within the framework of the contract system, regulated by the provisions of Federal Law No. 44-FZ. This is a kind of pledge or some kind of guarantee that the supplier will fulfill his part of the conditions in good faith, on time and in full.

One of the mechanisms preventing unfair participation of suppliers in competitions and auctions for the supply of goods, performance of work and provision of services in accordance with the requirements of the law on the contract system No. 44-FZ is the provision of application security. An application for participation in a competition can be secured by either a guarantee issued by a bank or the participant’s funds; in an electronic auction, only the participant’s money.

A complete overview (with comments) of changes to the legislation on the contract system coming into force in 2018.

1. When describing the procurement object, you can indicate a trademark in combination with the phrase “or equivalent”

As of January 11, 2018, paragraph 1 of part 1 of Article 33 of Law No. 44-FZ on the contract system has been reworded:

1) the description of the procurement object shall indicate the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary). The description of the procurement object should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the country of origin of the goods, requirements for goods, information, works, services, provided that such requirements or the instructions entail a limitation on the number of procurement participants. It is allowed to use an indication of a trademark in the description of the procurement object, provided that such an indication is accompanied by the words “or equivalent”, or subject to the incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, or subject to the purchase of spare parts parts and consumables for machines and equipment used by the customer, in accordance with the technical documentation for the specified machines and equipment

Thus, it is permitted to indicate the trademark of a specific manufacturer in combination with the phrase “or equivalent” when describing the procurement object, including when supplying the goods.
Previously, it was allowed to indicate a trademark accompanied by the phrase “or equivalent” only if, when performing work or providing services, it is intended to use goods the supply of which is not the subject of the purchase.

Also interesting exception from the law phrase “the description of the procurement object must be objective”. In addition, from January 11, 2018, procurement control bodies and complainants will be required to establish and prove specific violations of the rules for describing the procurement object, and not simply declare that the description of the procurement object is not objective.

2. Description of medications

On January 1, 2018, Decree of the Government of the Russian Federation of November 15, 2017 No. 1380 “On the features of the description of medicinal products for medical use that are the object of procurement to meet state and municipal needs” came into force.
The resolution was issued in order to implement Part 5 of Article 33 of Federal Law No. 44-FZ and establishes information that customers are obliged and entitled to indicate when describing medicinal products in procurement documentation in addition to the information provided for in paragraph 6 of Part 1 of Article 33 of Federal Law No. 44-FZ.
In addition, there is a ban on describing the characteristics of medicinal products contained in the instructions for use of these medicinal products and indicating specific manufacturers of the medicinal products.

3. Customers have the right to enter into contracts during the period of withdrawal of limits on budget obligations

Federal Law No. 178-FZ of July 18, 2017 “On Amendments to the Budget Code of the Russian Federation and Article 3 of the Federal Law “On Amendments to the Budget Code of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid” is set out in a new edition paragraph 3 of article 72 of the Budget Code of the Russian Federation.

From 01/01/2018, state and municipal customers have the right to conclude state and municipal contracts during the period of revocation of limits on budget obligations in order to bring them into compliance with the law (decision) on the budget in an amount not exceeding the volume of accepted budget obligations registered in accordance with the procedure established by the financial authority.

4. The contract can be concluded with the next procurement participant in the event of refusal to conclude a contract with the winner on the basis of Parts 9, 10 of Article 31

From January 11, 2018, Federal Law No. 504-FZ dated December 31, 2017 puts into effect a new version of Part 11 of Article 31 of Law No. 44-FZ on the contract system.

The customer has the right, in case of refusal to conclude a contract with the winner of the supplier (contractor, performer) determination on the grounds provided for in parts 9 and 10 of Article 31 of Law No. 44-FZ on the contract system, to conclude a contract with another procurement participant who offered the same, as well as the winner of such a purchase, the contract price or proposal for the contract price of which contains the best conditions for the contract price, following the conditions proposed by the winner.

Grounds for refusal to conclude a contract:

1) Non-compliance with the following requirements (or provision of false information about your compliance with the requirements) (Part 9 of Article 31):

• uniform requirements for procurement participants;
• the requirement that there are no unscrupulous suppliers in the register (if any);
• additional requirements established by the Government of the Russian Federation;
• additional requirements for participants in the procurement of audit and audit-related services, as well as consulting services established by the Government of the Russian Federation.

2) If the customer or the procurement commission discovers that (part 10 of article 31):

• the maximum selling price of medicines is not registered;
• the proposed price of the purchased medicines (if the procurement participant is a manufacturer of such medicines or if when purchasing for federal needs the NMCC exceeds 10 million rubles, and when purchasing for the needs of a constituent entity of the Russian Federation and municipal needs the NMCC exceeds the amount established by the highest executive body of state power of the constituent entity of the Russian Federation and is no more than 10 million rubles) exceeds their maximum selling price specified in the state register of maximum selling prices included in the list of vital and essential drugs, and the procurement participant refuses to reduce the offered price when concluding a contract.

The contract will be concluded in the manner established for concluding a contract in the event of the winner of the purchase evading the conclusion of the contract. But if the winner of the procurement, with whom the customer refused to conclude a contract on the grounds specified in Part 9 and Clause 1 of Part 10 of Article 31 of Federal Law No. 44-FZ on the contract system, is not considered to have evaded concluding a contract and information about it is not sent to the FAS for inclusion in the Register of Unscrupulous Suppliers. If the customer refuses to conclude a contract on the grounds provided for in paragraph 2 of Part 10 of Article 31 of Law No. 44-FZ, the winner is recognized as having evaded concluding the contract, and information about him must be sent to the FAS.

The procedure for refusing to enter into a contract has not changed.

5. Standard contract for the supply of medicinal products for medical use

On January 1, 2018, Order No. 870n of the Russian Ministry of Health dated October 26, 2017 on approval of a standard contract for the supply of drugs for medical use came into force.

As of January 8, 2018, the standard contract approved by the specified order of the Ministry of Health of Russia has not been posted in the unified information system and, therefore, is not currently subject to mandatory application by customers.

(Order of the Ministry of Health of Russia dated October 26, 2017 No. 870n “On approval of the Standard Contract for the supply of medicinal products for medical use and the information card of the Standard contract for the supply of medicinal products for medical use”)

6. The implementation of new requirements for bank guarantees has been postponed

The entry into force of new requirements for bank guarantees used as security for applications and execution of contracts has been postponed to June 1, 2018.

Currently, customers accept bank guarantees issued by banks included in the list of banks provided for in Article 74.1 of the Tax Code of the Russian Federation that meet the established requirements for accepting bank guarantees for tax purposes.

7. Changes in procurement from a single supplier

New grounds have emerged for purchasing from a single supplier (contractor, performer):

conclusion by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments of contracts for the provision of services for the implementation of rating actions by legal entities recognized in accordance with the legislation of the Russian Federation as credit rating agencies, as well as foreign legal entities carrying out rating actions outside the territory of the Russian Federation

procurement of work to modernize federal state information systems for information and legal support for the activities of the chambers of the Federal Assembly of the Russian Federation and services to support such systems

provision of services for the management of solid municipal waste

Clause 43 of Part 1 of Article 93 of Federal Law No. 44-FZ has become invalid.

8. Resumption of control in the field of procurement in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ

From January 1, 2018, for federal customers, the provisions of the Government of the Russian Federation of December 12, 2015 No. 1367 “On the procedure for exercising control provided for in Part 5 of Article 99 of the Federal Law “On the contract system in the field of procurement of goods, works, services for the provision of state and municipal needs":

• paragraph two of paragraph 14,
• paragraph two of paragraph 15.

Customers making purchases to meet federal needs will not be able to place information and documents that are the subject of control in the unified information system in the field of procurement until the identified violations are eliminated by the subjects of control (Federal Treasury, management bodies of state extra-budgetary funds).

For customers making purchases to meet the state needs of the constituent entities of the Russian Federation and municipal needs is suspended until January 1, 2019

9. The suspension of verification by the Treasury of information sent to the register of contracts has been extended

The suspension of verification by the Treasury of information sent by customers to the Register of Contracts has been extended until January 1, 2019.
The operation of subparagraph “c” of paragraph 14 of the Rules for maintaining a register of contracts concluded by customers (approved by Decree of the Government of the Russian Federation of November 28, 2013 No. 1084) has been suspended in terms of checking the consistency of documents and information submitted by the customer:

• contract execution period,
• quantity of goods, volume of work and services (if any) and units of measurement,
• execution and termination of the contract, including consistency with the terms of the accepted (accepted) budget obligations.

The suspension of paragraphs 2, 10, 18 and 22 of the Rules for maintaining a register of contracts containing information constituting state secrets has also been extended. Until January 1, 2019, it is allowed to maintain a register of contracts containing state secrets by the Federal Treasury, an authorized executive body of a constituent entity of the Russian Federation and an authorized local government body.

10. Changes in the procedure for considering applications from individuals to control authorities

From January 11, 2018, Article 99 of Federal Law No. 44-FZ is supplemented with part 15.1.
A new procedure is being established for the consideration of applications from any individuals (including individuals engaged in business activities without forming a legal entity (individual entrepreneurs)) by control bodies in the field of procurement.

Now complaints about the actions (inaction) of a customer, an authorized body, an authorized institution, a specialized organization, an operator of an electronic platform or a procurement commission, its members, contract service officials, a contract manager received from an individual who does not meet the requirements of paragraph 1 Part 1 of Article 31 of Law No. 44-FZ in relation to the object of this procurement and whose rights and legitimate interests are not violated by such actions (inaction), the provisions of these documentation, notices, are considered by the control body in accordance with Federal Law of May 2, 2006 N 59- Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.”

For individuals (including individual entrepreneurs) who do not meet the specified requirements (for example, in the absence of a license, membership in an SRO, state accreditation, etc.), the complaint will be considered by the control body in the general procedure for consideration (as a citizen’s appeal).

11. Changes in sending information to the register of unscrupulous suppliers

From January 11, 2018, the Register of Unscrupulous Suppliers does not include information about the Taxpayer Identification Number (TIN) of public legal entities that are founders of legal entities.

In addition, the customer is now obliged to send information about the procurement participant who has evaded concluding the contract, regardless of whether the customer concludes a contract with the next participant.

According to the old version of the law, an evading procurement winner could avoid inclusion in the Register of Unscrupulous Suppliers if the next procurement participant exercised the right to refuse to sign a contract with the customer.

12. Changes in procurement planning

Changes in the procedure for planning purchases for the needs of constituent entities of the Russian Federation and municipal needs.

On January 1, 2018, a new version of clause 3 of the Requirements for the form of a procurement plan for goods, works, and services to meet the needs of a constituent entity of the Russian Federation and municipal needs, approved by Decree of the Government of the Russian Federation of November 21, 2013 No. 1043, came into force.

Now the customer is required to indicate in the procurement plan in separate lines the total volume of financial support provided for procurement in the current financial year, planning period and subsequent years, detailed by the volume of financial support for each budget classification code and the volume of financial support for each provision agreement subsidies.

• by budget classification code by section, subsection, target item, type of expenses for state and municipal customers;
• under an agreement on the provision of a subsidy from the budget of a constituent entity of the Russian Federation (local budget) in the context of each agreement on the provision of a subsidy from the budget of a constituent entity of the Russian Federation (local budget).

Information on the volume of financial support under an agreement on the provision of a subsidy from the funds of the corresponding budget is not entered by budgetary and autonomous institutions created by a constituent entity of the Russian Federation and municipalities.

Also, on January 1, 2018, a new version of clause 13 of the Requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, and services to meet the needs of a constituent entity of the Russian Federation and municipal needs, approved by Decree of the Government of the Russian Federation dated June 5, 2015 No. 554, came into force. .

Customers carrying out purchases for the needs of constituent entities of the Russian Federation and for municipal needs are required to include in the justification for the procurement schedule a justification for the initial (maximum) contract price or the price of a contract concluded with a single supplier (contractor, performer), determined in accordance with Article 22 of the Law No. 44-FZ, indicating the quantities and units of measurement of goods, works, services included in the procurement object (if any).

Changes in the procedure for planning procurement to meet federal needs

On January 1, 2018, a new version of clause 3 of the Requirements for the form of a procurement plan for goods, works, and services to meet federal needs, approved by Decree of the Government of the Russian Federation of June 5, 2015 No. 552, came into force.

The customer is obliged to indicate in separate lines in the procurement plan the total amount of financial support provided for procurement in the current financial year, planning period and subsequent years, detailed by the amount of financial support for each budget classification code and the amount of financial support for each subsidy agreement .

In this case, information on the amount of financial support is entered:

• by budget classification code by section, subsection, target item, type of expense;
• under an agreement on the provision of a subsidy from the federal budget in the context of each agreement on the provision of a subsidy from the federal budget.

Information on the volume of financial support under the agreement on the provision of subsidies from the federal budget is not provided by federal budgetary and autonomous institutions.

Also, on January 1, 2018, a new version of clause 11 of the Requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, and services to meet federal needs, approved by Decree of the Government of the Russian Federation of June 5, 2015 No. 553, came into force.

The customer is obliged to include in the justification for the procurement schedule the justification for the initial (maximum) price of the contract or the price of the contract concluded with a single supplier (contractor, performer), determined in accordance with Article 22 of Law No. 44-FZ, indicating those included in the procurement object quantities and units of measurement of goods, works, services (if available).

13. Purchases related to the creation and operation of communications and information technologies for FIFA 2018 are not carried out in accordance with 44-FZ

Excluded from the scope of Federal Law No. 44-FZ on the contract system for the procurement of goods, works, services related to the creation and operation of communications and information technologies in accordance with the Federal Law of June 7, 2013 No. 108-FZ “On the preparation and conduct of Russian Federation FIFA World Cup 2018, FIFA Confederations Cup 2017 and amendments to certain legislative acts of the Russian Federation.”

14. A Register of sole suppliers of goods has appeared, the production of which is being created or modernized and (or) developed on the territory of the Russian Federation

From 01/01/2018, paragraph 2 of the Rules for maintaining the register of sole suppliers of goods, the production of which is created or modernized and (or) developed on the territory of the Russian Federation, approved by Decree of the Russian Federation of February 27, 2017 No. 231, is renewed.
Thus, a Register of sole suppliers of goods, the production of which is created or modernized and (or) developed on the territory of the Russian Federation, has appeared in the EIS.

15. The ban on the admission of foreign programs and databases does not apply to software from the states of the Eurasian Economic Union

On January 1, 2018, changes to the Decree of the Government of the Russian Federation of November 16, 2015 No. 1236 “On establishing a ban on the admission of software originating from foreign countries for the purpose of procurement to meet state and municipal needs” came into force.

The ban on the admission of programs for electronic computers and databases originating from foreign countries, from 01/01/2018, does not apply to software included in the unified register of programs for electronic computers and databases from member states of the Eurasian Economic Union, for with the exception of the Russian Federation.

That is, to ensure compliance with the ban on the purchase of foreign software and databases, two registers are now maintained:
1) register of Russian software;
2) register of Eurasian software.

Also introduced are paragraphs 2(1) and 2(2), which clarify the concept of software and the procedure for confirming the origin of software from the Russian Federation and member states of the Eurasian Economic Union to comply with this prohibition.

Software and (or) the right to it due to the fulfillment of the following contractual obligations means:

1) delivery on a tangible medium and (or) in electronic form via communication channels, as well as provision of software for rent or use through the use of communication channels and external information technology and hardware and software infrastructure that ensures the collection, processing and storage of data ( cloud computing services);

2) supply, maintenance of personal electronic computers, terminal access devices, server equipment and other computer equipment on which the software is to be installed as a result of the execution of the contract;

3) performance of work, provision of services related to the development, modification, modernization of software, including as part of existing automated systems, if such work or services involve granting the customer rights to use the software or expanding the previously granted scope of rights;

d) provision of services related to maintenance, technical support, software updating, including as part of existing automated systems, if such services involve granting the customer rights to use the software or expanding the previously granted scope of rights.

16. Changes in the rules for creating and maintaining a catalog of goods, works, and services

On January 1, 2018, subparagraph “e” of paragraph 10 and subparagraph “b” of paragraph 13 of the Rules for the formation and maintenance in a unified information system in the field of procurement of a catalog of goods, works, services to meet state and municipal needs, paragraph 6 of the Rules for using the catalog came into force goods, works, services to meet state and municipal needs, approved by Decree of the Government of the Russian Federation dated 02/08/2017 No. 14.

Reference information will appear in the Catalog maintained in the UIS:

• codes corresponding to the product, work, service in accordance with Russian and international classification and cataloging systems (if available);
• information on standard contracts, standard contract terms to be applied when purchasing goods, work, services (if available).

If the Catalog contains a description of a product, work, or service, this description must also include information about the technical regulations and national standards that apply to the product, work, or service.

Moreover, if the customer, when describing the procurement object, indicates in the procurement plan, procurement schedule, procurement justification forms, procurement notice, invitation and procurement documentation additional information, as well as additional consumer properties, including functional, technical, quality , operational characteristics of a product, work, service in accordance with the provisions of Article 33 of Law No. 44-FZ, which are not provided for by the position of the Catalog, then from 01/01/2018 it has an additional responsibility to justify the inclusion of additional information in the description.

17. Tenders, requests for quotations, requests for proposals will be conducted electronically

From July 1, 2018, customers will have the right to hold a tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in electronic form in accordance with Articles 54.1 - 54.7, 56.1, 57.1, 82.1 - 82.6, 83.1 of Federal Law No. 44-FZ .

From January 1, 2019, it will be impossible to carry out procedures for identifying suppliers in “paper” form, except for the cases provided for in articles: 75, 76, 80, 82, 84, 93, 111 and 111.1 of Federal Law No. 44-FZ.

If procedures for identifying suppliers are carried out electronically, the contract will need to be concluded according to new rules - in accordance with § 4.1 of Chapter 3 of Federal Law No. 44-FZ.

The protocol of disagreements can now be posted on the electronic platform only once, within the time frame provided for signing the draft contract.

In cases established by the Government of the Russian Federation, there will be an obligation to conduct closed electronic procedures on specialized electronic platforms.

18. For failed procedures, the deadline for changing the schedule has been reduced

From July 1, 2018, changes to the schedule can be made no later than one day before the date of posting in the Unified Information System a notice on the procedures for identifying suppliers (contractors, performers) announced after the recognition of tenders, auctions, requests for proposals and requests for quotations as failed due to with the absence or rejection of all applications, as well as in the case of a purchase from a single supplier (contractor, performer).

19. New requirement: no restrictions for the participant to participate in procurement

Article 31 introduces a new requirement for procurement participants: “the procurement participant has no restrictions on participation in procurement established by the legislation of the Russian Federation.” The change comes into force on July 1, 2018.

20. Requirements for the content of the contract have been clarified

Article 34 introduced new requirements for the content of contracts. In particular, it is clarified that the contract includes conditions on the procedure and timing for the customer to accept the delivered goods, work performed (its results) or services provided in terms of compliance of their quantity, completeness, volume with the requirements established by the contract. Effective July 1, 2018

21. The government will be able to determine the minimum contract execution period and the procedure for the formation of lots

The Government of the Russian Federation is given the right to determine the procedure for determining the minimum period for the execution of a contract by a supplier (contractor, performer); requirements for the formation of lots when purchasing certain types of goods, works, and services. Effective July 1, 2018

22. Securing applications only for NMCC in excess of 5 million rubles.

Unless otherwise established by the Government, the customer is obliged to establish requirements for securing applications for participation in tenders and auctions only if if the NMCC exceeds 5 million rubles.
The amount of security will be from 0.5% to 1% of the NMCC, if the size of the NMCC is from 5 million rubles to 20 million rubles. Effective July 1, 2018

23. Securing the application with a bank guarantee

Application security for participation in electronic procedures can be provided in the form of a bank guarantee from July 1, 2019.

24. Cash as security for the application - for special purposes. check.

When participating in electronic procedures for identifying suppliers, procurement participants will deposit funds intended to secure applications into special accounts opened by them in banks, the list of which is established by the Government of the Russian Federation. Effective July 1, 2018

25. Bank guarantees are not placed in the UIS

Information about bank guarantees will not be posted on the official website of the EIS. Effective July 1, 2018

26. It is necessary to indicate the country of origin in the auction application only if the customer has established prohibitions, restrictions, and admission conditions

In the first part of the application for participation in an electronic auction, the country of origin of the goods will need to be indicated only if the customer establishes conditions, prohibitions, restrictions on the admission of goods originating from a foreign state or a group of foreign states, in accordance with Article 14 of Federal Law No. 44-FZ.

27. Consent and declarations as part of the application for the auction will be submitted using software and hardware of the electronic platform

Consent and declarations as part of the application for participation in the electronic auction will be submitted using software and hardware of the electronic platform.
Effective July 1, 2018

28. The electronic platform will return the participant’s application if information about the participant is included in the register of unscrupulous suppliers

The operator of the electronic platform will return the application to the participant if information about the procurement participant, incl. information about the founders, members of the collegial executive body, the person performing the functions of the sole executive body of the procurement participant - a legal entity is included in the register of unscrupulous suppliers, contractors, performers, subject to the customer establishing the requirement provided for in Part 1.1 of Article 31 of Federal Law No. 44-FZ.
Effective July 1, 2018

29. The period for consideration of the first parts of applications for the auction is no more than 1 working day

The deadline for consideration of the first parts of applications for participation in the electronic auction at the NMCC, not exceeding 3 million rubles, should be no more than one working day. Effective July 1, 2018

30. Auction step is at least 100 rubles.

31. New requirements for an application for participation in a request for quotation

The application for participation in the request for quotation must contain a declaration of compliance of the participant in the request for quotation with the requirements established in accordance with paragraphs 3 - 9 of part 1 of Article 31 of Law No. 44-FZ. Effective July 1, 2018

32. A report on the execution of a contract stage is posted only in individual cases

The obligation to post reports on the results of individual stages of contract execution (Part 9 of Article 94) will be retained only for cases where the subject of the contract is the construction, reconstruction, major repairs of capital construction projects, the preservation of cultural heritage sites (historical and cultural monuments) ) peoples of the Russian Federation or the contract price exceeds one billion rubles. Effective July 1, 2018

33. Contracts for failed procedures will be taken into account in the report on the volume of purchases from SMP and SONKO

From January 1, 2019, the procedure for generating a report on the volume of purchases from small businesses and socially oriented non-profit organizations will change - it will take into account contracts concluded as a result of failed determinations of suppliers (contractors, performers) with a limitation under clause 1, part 1 of Art. 30 of Law No. 44-FZ with a single procurement participant.

34. The period for placing information in the register of contracts is increasing

The deadline for posting information in the register of contracts in Article 103 is increased to 5 working days. Effective July 1, 2018

35. Register of procurement participants, accreditation of participants, qualified certificates of keys for electronic signature

Maintaining a unified register of procurement participants in the Unified Information System will be carried out starting from January 1, 2019.
From January 1 to December 31, 2019 inclusive, procurement participants previously accredited on electronic platforms are required to register in the unified information system to participate in electronic procedures.
From July 1, 2018, procurement participants must use qualified certificates of electronic signature verification keys when participating in electronic procurement.

36. Changes in defense orders

Decree of the Government of the Russian Federation dated November 27, 2017 No. 1428 (as amended on December 6, 2017) “On the specifics of procurement for the needs of national defense and state security” established temporary rules for closed procurement for individual customers for a period until July 1, 2018.

It has been established that closed methods for identifying suppliers (contractors, performers) in the period before July 1, 2018 should be used by the following customers:

1) The Ministry of Defense of the Russian Federation, as well as subordinate government agencies and state unitary enterprises;

2) Federal Security Service of the Russian Federation, as well as subordinate government agencies and state unitary enterprises;
3) Foreign Intelligence Service of the Russian Federation
tions, as well as subordinate state institutions and state unitary enterprises.

At the same time, procurement approval from the control body under Part 3 of Article 84 of Law No. 44-FZ is not required if the customer will make purchases in the manner established for the case provided for in paragraph 2 of Part 2 of Article 84 of Law No. 44-FZ (with the posting of a notice in the Unified Information System ).

Information on procurements provided for by Law No. 44-FZ for closed procedures is not posted in the Unified Information System, with the exception of a notice of procurement under Resolution No. 1428, carried out in the manner established for the case provided for in paragraph 2 of Part 2 of Article 84 of Law No. 44-FZ.

Information on bank guarantees provided as security for applications and (or) execution of contracts concluded as a result of closed procedures is subject to inclusion in the closed register of bank guarantees; information about contracts is subject to inclusion in the register of contracts containing information constituting a state secret.

In the case of the purchase of goods, work, services included in the auction list, customers, according to Resolution No. 1428, are required to conduct a closed auction using the functionality of a specialized electronic platform, the operator of which is the limited liability company “Automated system of bidding for state defense orders”.

In addition, by Decree of the Government of the Russian Federation dated December 19, 2017 No. 1585 “On approval of the Rules for the formation and maintenance of a register of legal entities held administratively liable for refusal or evasion of concluding a contract, for which the conclusion of such a contract is mandatory in accordance with the Federal Law “On State Defense order" established the procedure for creating and maintaining the corresponding register on the official website of the FAS Russia.

The register will include information about persons brought to administrative responsibility in accordance with Part 2 of Article 7.29.2 of the Code of the Russian Federation on Administrative Offenses for refusal or evasion of a supplier (executor, contractor) occupying a position in accordance with the legislation of the Russian Federation in the field of state defense procurement dominant position, from concluding an agreement necessary to fulfill a state defense order, if the conclusion of such an agreement is mandatory for the specified person.

The basis for including information in the register is a resolution imposing an administrative penalty under the specified article of the Code of Administrative Offenses that has entered into legal force.
The grounds for exclusion from the register of information about a person brought to administrative responsibility are:

1) the expiration of one year from the date of completion of the execution of the decision;

2) cancellation of the resolution in accordance with the legislation of the Russian Federation;

3) the availability of information from the authorized body about the liquidation in accordance with the legislation of the Russian Federation of a person brought to administrative responsibility, confirmed by information about his exclusion from the Unified State Register of Legal Entities.
The resolution came into force on December 29, 2017.

At the end of 2017, significant changes were made to Law No. 44-FZ. The main innovation concerns the transition to identifying a supplier through competitive procurement in electronic form. Let's look at the essence of the changes in 44-FZ from July 1, 2018 and the stages of the transition to electronic procurement.

Main

If before July 1, 2018, electronic procurement is possible only in the form of an auction, then after that the following will be added to the auction:

• open competition
• limited participation competition
• two-stage competition
• request for quotation
• request for proposals
• closed electronic procedures ( closed competition, closed competition with limited participation, closed two-stage competition, closed auction)

From July 1, 2018, conducting electronic procedures is still only the right of the customer. But as of January 1, 2019, the right to conduct electronic procedures will turn into an obligation.

An exception is only for purchases from a single supplier, purchases on the territory of a foreign state, individual quotation procedures and some purchases carried out using closed methods.

Carrying out electronic procedures (including filing applications for participation in procurement) and concluding a contract are carried out through an electronic platform.

Stages of transition to e-procurement

To participate in electronic procurement, the participant will be required to undergo accreditation on the electronic platform and register in the Unified Information System. The transition to accreditation and registration will take place in stages:

1. In the period from 07/01/2018 to 01/01/2019, in order to take part in the procurement in electronic form, it is enough to obtain accreditation on the electronic platform in the same way as to participate in the electronic auction.
2. From 01/01/2019, accreditation of procurement participants on electronic platforms is carried out after registration of such participants in the Unified Information System. Information about procurement participants registered in the Unified Information System is entered into the unified register of procurement participants. Procurement participants previously accredited on electronic platforms to participate in electronic procedures are required to register in the Unified Information System from January 1 to December 31, 2019.
3. From 01/01/2019 to 12/31/2019 inclusive, the opportunity to participate in electronic procedures will only be available to those persons who were accredited on the electronic site before January 1, 2019, as well as whose information and documents are included in the register of participants in the electronic auction who have received accreditation on the electronic site. In this case, registration in the EIS is not required.
4. After December 31, 2019, persons who have not registered in the Unified Information System will not be able to apply for participation in procurement.

Registration and accreditation of procurement participants is free.

Registration of a procurement participant in the Unified Information System and accreditation of a procurement participant on the electronic platform are carried out for a period of three years.

• a procurement participant will not have the right to submit applications for participation in electronic procedures three or less months before the expiration date of its registration in the Unified Information System.

The advantages of registering with the EIS are that you do not have to undergo accreditation at each site, register on all electronic platforms and waste time interacting with each site separately. To obtain accreditation on all electronic platforms, it will be enough to register in the Unified Information System.

Important changes in the tender and request for quotations

Now let's look at the most important changes in the order of the most commonly used procedures: electronic open tender and electronic request for quotations.

In accordance with the rules for conducting these procedures, they are regulated by separate articles: for open competition these are articles 54.1-54.7, 55.1 of Law No. 44-FZ; to request quotes - Articles 82.1-82.6 of Law No. 44-FZ.

The conduct of an electronic competition begins with the customer posting a notice and tender documentation in the Unified Information System at least fifteen working days before the deadline for submitting applications for participation in such a competition (for an open competition, the minimum period for submitting applications was 20 days).

Changes to the documentation are possible no later than five days before the application deadline. However, the deadline for submitting applications in this case must be extended so that there are at least 10 working days before the deadline for submitting applications.

The deadline for providing clarifications on requests from participants in an open tender in electronic form is 2 business days from the date of receipt of the request. A request for clarification can be submitted no later than five days before the deadline for submitting applications for participation in an open competition in electronic form.

An application for participation in an open tender in electronic form will consist of two parts and the proposal of the participant in the electronic tender on the contract price. The application is submitted by simultaneously sending the three specified electronic documents:

1 - consent to the supply of goods (work, services) and a proposal on its characteristics;

2 - information about the procurement participant, copies of documents confirming the conformity of goods (works, services) and the participant’s compliance with the requirements of the tender documentation, including qualification criteria;

3 — price offer.

Bidders will be able to submit final bids for the contract price. Moreover, each participant in an open tender in electronic form can submit only one final proposal for the contract price.

The new articles of the law regulate in detail the content of competition documentation, the deadlines for clarification of its provisions, detail the procedure for considering the first and second parts of participants’ applications, the procedure for summing up results, and the consequences of declaring an open competition in electronic form invalid.

Another popular procurement procedure is request for quotation.

There are also differences between the electronic form of the procedure and the paper form.

For an electronic request for quotation, the same conditions apply as for a paper request:

• the initial (maximum) contract price does not exceed 500 thousand rubles,
• the annual volume of such purchases does not exceed 10% of the total annual volume of purchases of the customer;
• the annual volume of such purchases does not exceed 100 million rubles.

When conducting an electronic request for quotation, the customer is obliged to place a notice in the Unified Information System at least 5 working days before the expiration date for submitting applications (for a paper request for quotation - at least seven working days or at least four working days, depending on the initial maximum contract prices).

Only those persons who are registered in the Unified Information System and accredited on the electronic platform will be able to submit an application to participate in the request for quotation in electronic form. The application is submitted electronically through the site operator.

Please pay attention again! From 01/01/2019, registration in the Unified Information System is mandatory for all suppliers.

The participant's quotation application must consist of:

• proposals for the proposed product, work, service;
• contract price proposals.

Applications are reviewed by the customer’s quotation commission, which, after drawing up a protocol, sends it to the site operator. Please note that it is not the customer, but the site operator who draws up a protocol for the consideration and evaluation of applications, in which the applications are ranked and the winner is indicated.

Changes in the electronic auction

The changes will also affect the procedure for conducting an electronic auction:

• to participate in the auction you will need to register in the Unified Information System and accreditation on the electronic platform;
• new requirements have been established for the composition of the first parts of applications: in the case of delivery of goods, performance of work, provision of services under the conditions provided for in the documentation, the participant is only required to agree to participate; when purchasing goods or work, services, for the performance or provision of which the goods are used,
• name of the country of origin of the goods (in case of application of the national regime) and specific indicators of the goods;
• the minimum auction step has been determined - 100 rubles;
• for auctions with a minimum (initial) contract price of less than 3 million rubles. the time frame for consideration of the first parts of applications has been reduced from seven days to one working day from the deadline for filing applications;
• Article 70 of Law No. 44-FZ, which establishes the procedure for concluding a contract based on the results of an electronic auction, is repealed from July 1, 2018.

Conclusion of a contract under 44-FZ after July 1, 2018

Amendments to Law No. 44-FZ provide for a unified procedure for concluding a contract based on the results of an electronic procedure.

For all electronic procedures, the rules for concluding a contract will be the same. They are defined in a separate paragraph of Law No. 44-FZ - § 4.1 (Article 83.2).

The following procedure for concluding a contract based on the results of electronic procurement has been established:

The customer signs the draft contract last. The contract is considered concluded from the moment it is placed in the EIS.

Once again, we draw your attention to the fact that the contract can be concluded no earlier than 10 days from the date of publication of the final protocol, and in the case of determining the supplier by conducting an electronic request for quotations or an electronic request for proposals - no earlier than 7 days.

Benefits of switching to e-procurement

There are clear benefits to moving to e-procurement.

Firstly, and most importantly, the transparency of the procedures will increase. The customer’s chances of reaching an agreement with the supplier he needs will be reduced, and the possibility of damage to envelopes with applications and their illegal preview will be eliminated.

Secondly, other subjective factors in the work of the Customer and members of his commission (including technical errors) are also minimized.

Thirdly, electronic procurement will have a positive impact on competition by increasing the opportunities for suppliers from other regions to participate in procurement (the geography of participation will expand). For the customer, the result of a larger number of participants will be budget savings and improved quality of purchased goods (works, services).

Fourthly, the costs of participants for preparing an application and delivering it to the customer’s address will be reduced. The number of people willing to take part in the procurement will potentially increase.

It will be possible to talk about the difficulties of the transition to electronic procurement and the shortcomings in the application of these procedures after the changes come into force and the practical implementation of innovations begins.

Fee for concluding a contract based on the results of an electronic procedure

From July 1, 2018, operators of electronic trading platforms have the right to charge fees from persons with whom a contract is concluded as a result of an electronic procedure.

The limit is set at 1% of the NMCC, but not more than 5,000 rubles. (in case of concluding a contract with SMP or SONKO, no more than 2000 rubles).

The exception is for participants with whom a contract is concluded after the winner of the electronic procedure evades. No fee is charged to such persons.

The maximum amounts and rules for collecting such fees are established by Decree of the Government of the Russian Federation dated May 10, 2018 No. 564.

Take the course "". Professional retraining, 256 academic hours for managers and specialists of contract services, contract managers, chairmen and members of customer commissions. The program was developed based on the requirements of the professional standard “Procurement Specialist”.

At the end of 2017, legislators approved a number of federal laws containing a lot of amendments to Federal Law N 44-FZ “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

All recent changes to 44-FZ are aggregated by the following articles:

An overview of changes allows you to compare the editions of 44-FZ item by article

In this article we consider the following innovations of 44-FZ:

Changes in trading procedures

Changes in trading procedures

Open competition

Articles 49-53 44-FZ contain the following changes:

• The composition of the notice of an open tender and tender documentation has been changed;
• The composition and procedure for submitting an application for participation in an open competition have been changed;
• The grounds for rejecting an application for participation in an open competition have been changed.
• The possibility of submitting applications for participation in an open competition in the form of electronic documents is excluded.

It's important to note that from July 1, 2018 open tender is no longer the main method of procurement (the words “the customer in all cases purchases through an open tender” have been deleted) (clause 2 of article 48 of 44-FZ).

Open competition in electronic form: application in 3 parts and rebidding

Law No. 44-FZ is supplemented by Articles 54.1-54.7, regulating the holding of an open competition in electronic form. Installed:

• Composition of a notice of an open tender in electronic form;
• Composition of the tender documentation;
• The procedure for submitting an application for participation in an open competition in electronic form;
• The procedure for consideration (evaluation) of the first and second parts of applications;
• Consequences of declaring an open competition in electronic form invalid.

An application for participation in an open tender in electronic form actually consists of three parts: a technical proposal, information about the participant and the participant’s proposal for the contract price (clause 2 of Article 54.4 of 44-FZ).

When conducting an open tender in electronic form, rebidding is possible in the form of submitting final proposals for the contract price. The participant has the right to submit only one final proposal (clause 1 of Article 54.6 of 44-FZ).

Competition with limited participation in electronic form

The amount of reduction in the NMCC / auction step is from 0.5% to 5% of the NMCC, but not less than 100 rubles (clause 6 of Article 68 of the 44-FZ).

Request for quotation

Articles 73, 78, 79 44-FZ contain the following changes:

• The requirements for the procedure for requesting quotes have been changed;
• The procedure for reviewing and evaluating quotation bids has been changed;
• The consequences of declaring a request for quotation invalid have been changed.

The possibility of submitting applications for participation in the request for quotations in the form of electronic documents is excluded.

Request for quotation in electronic form

Law 44-FZ is supplemented by Articles 82.1-82.6, which regulate the conduct of requests for quotations in electronic form. Installed:

• Requirements for conducting a request for quotation in electronic form;
• The procedure for submitting, considering and evaluating applications for participation;
• Consequences of declaring a request for quotation in electronic form invalid.

Conditions for the customer to use a request for quotations in electronic form: NMTsK should not exceed 500,000 rubles, the annual volume of purchases is no more than 10% of the SGPO (or no more than 100 million rubles).

Request for proposals

Article 83 44-FZ contains the following changes:

• The requirements for the composition of the notice of a request for proposals have been changed;
• The procedure for considering applications for participation in the request for proposals has been changed;
• The possibility of submitting applications for participation in the request for proposals in the form of electronic documents is excluded.

Declaring an electronic auction invalid is no longer a basis for conducting a request for proposals.

Request for proposals in electronic form

Law 44-FZ is supplemented by Article 83.1, which regulates the conduct of a request for proposals in electronic form. Installed:

• Composition of the notice and documentation of the request for proposals in electronic form;
• Composition, procedure for submission and procedure for consideration of applications for participation in the request for proposals in electronic form;
• Composition, procedure for submission and procedure for consideration of final proposals;
• Consequences of declaring a request for proposals in electronic form invalid.

Conclusion of a contract based on the results of an electronic procedure

Law 44-FZ is supplemented by Article 83.2, which regulates the conclusion of a contract based on the results of an electronic procedure:

• The procedure for concluding a contract is established, as well as the terms for placing and signing a draft contract;
• The customer places and signs the draft contract in the Unified Information System and on the electronic platform using the Unified Information System;
• The winner of the purchase signs the contract on the electronic platform;
• The contract is concluded no earlier than: 10 days from the date of publication of the protocol in the Unified Information System (tenders in electronic form, electronic auction); 7 days from the date of posting the protocol in the UIS (request for quotations and request for proposals in electronic form);
• It is allowed for the winner of the procurement to formulate a protocol of disagreements, but only one protocol of disagreements can be sent to each draft contract;
• If the winner of the electronic procedure is found to have evaded concluding a contract, the customer has the right to conclude a contract with the participant whose application is assigned the second number.

44-FZ 2018: Changes for suppliers

From July 1, 2018 - only enhanced qualified electronic signatures!

After this date, the use of unqualified electronic signatures to participate in electronic procurement will become impossible (Article 5 of the Federal Law of 04/05/2013 N 44-FZ). Changing your digital signature is possible at any certification center accredited by the Ministry of Telecom and Mass Communications.

The issue of enhanced qualified digital signatures / electronic digital signatures at the North-West Certification Center is carried out within 30 minutes from the moment of application.

Registration in the EIS until the end of 2018. Automatic accreditation for ETP in 2019

Registration of procurement participants in the Unified Information System will become mandatory from January 1, 2019. Until this moment, i.e. throughout 2018, suppliers can register in the EIS on a voluntary basis at any convenient time. Registration in the Unified Information System means entering the supplier into the register of procurement participants and will allow him to submit bids.

Unless further specified by legislators, the registration procedure will look as follows:

• the supplier submits a free application and receives free registration in the register of participants in the Unified Information System for three years,
• within one working day after registration in the UIS, the supplier is accredited at their sites by ETP operators. Accreditation is also free and will be valid for three years. All information about the procurement participant will be received by the ETP operator from the UIS and open state. sources. The ETP operator does not have the right to request additional documents and information from the participant.

Registration of offshore companies in the Unified Information System as procurement participants is not permitted.

All information about registration of procurement participants in the Unified Information System will be set out in Art. 24.2 44-FZ (clause 11 of Federal Law dated December 31, 2017 N 504-FZ was introduced) and comes into force on January 1, 2019. In turn, Art. 61 No. 44-FZ, establishing the procedure for accreditation on the ETP (from 01/01/2019) and Art. 62 No. 44-FZ, establishing the procedure for maintaining the register of participants in an electronic auction (from 01/01/2020).

From January 1 to December 31, 2019 inclusive, procurement participants previously accredited on electronic platforms are required to register in the Unified Information System (Clause 47, Article 112 44-FZ) to participate in electronic procedures.

It should be noted that the law does not limit the right of electronic trading platforms to set fees for participation in electronic procedures and their conduct. However, it is not permitted to charge a fee for providing access to procurement information.

Standard application form for participation, standard procurement documentation

Let’s say right away that the standard application form in 44-FZ has not yet been approved. However, the Government of the Russian Federation plans to determine a standard application form for participation in electronic procedures for determining a supplier (clause 5 of Article 24.1 of 44-FZ). Also, the Government plans to develop and establish requirements for the content, composition and procedure for developing standard procurement documentation, which will make it possible to present information to procurement participants in an understandable and uniform manner.

Such standard application and standard documentation, after development and approval by the Government, will be mandatory for use by all customers and suppliers.

As for application forms for participation, unification will not be a grandiose innovation, since standard forms that are mandatory for use are already used in competitions and quotations on paper.

Small purchases up to 5 million are exempt from security

The customer is obliged to establish a requirement for securing applications for participation in competitions and auctions in the event that the initial (maximum) contract price (NMCP) exceeds five million rubles (clause 1 of Article 44 of the 44-FZ). This condition takes effect from July 1, 2018.

If NMCC is from 5 million rubles. up to 20 million rubles, then the security is set from 0.5% to 1% of the initial contract price (clause 16 of article 44 of 44-FZ).

If the NMCC is more than 20 million rubles, then the security will range from 0.5% to 5% of the initial contract price.

Refusal of security when organizing small purchases allows the customer to attract more suppliers to participate in the purchase and thereby receive the most favorable offer for concluding a contract.

Providing an application with money for special account or bank guarantee

From July 1, 2019 and the procurement participant has the right to independently choose the method of securing the application (clause 2 of Article 44 44-FZ): with funds deposited in a special bank account, or in the form of a bank guarantee.

Using special accounts for placing collateral funds will already function from July 1, 2018 when the new electronic procedures become operational. has already been determined by the Government of the Russian Federation. Operators of electronic platforms will interact with these banks, and banks, in turn, at the request of ETP operators will block the funds of the procurement participant in the amount of the application security or transfer them to the customer’s account or to the budget of the Russian Federation (clause 11 of Article 44 of 44-FZ ).

Bank guarantee

From July 1, 2018 The posting of information about bank guarantees on the EIS website is suspended (Clause 8.1, Article 45 44-FZ).

New requirement for procurement participants

The list of requirements for procurement participants (Article 31 44-FZ) is supplemented by clause 11 with the requirement that the procurement participant has no restrictions for participation in procurement established by the legislation of the Russian Federation.

Register of unscrupulous suppliers

From January 11, 2018 in a situation where the winner of a procurement evades concluding a contract, the customer, within 3 working days from the date the winner is recognized as evading, sends information about the dishonest supplier to the procurement control body, as well as documents confirming evasion from concluding a contract (clause 4 of article 104 44-FZ). The customer must complete this procedure regardless of the conclusion of the contract with the next procurement participant.

From July 1, 2018 the same rule will apply when purchasing from a single supplier.

From January 11, 2018 The Register of Unscrupulous Suppliers does not include information about the Taxpayer Identification Number (TIN) of public legal entities that are founders of legal entities.

Electronic platforms

Conducting electronic procedures is carried out at selected ETPs, and conducting closed electronic procedures will be provided by specialized ETPs.

The Government of the Russian Federation establishes uniform and additional requirements for ETP (specialized ETP), and also approves a list of ETP operators that meet the requirements (Article 24.1 44-FZ).

Anti-dumping measures

The procedure for providing information confirming the integrity of the procurement participant (price justification) when conducting an electronic tender has been determined (clause 5.10 of Article 37 of 44-FZ).

Cancellation of purchase

From July 1, 2018 when conducting electronic procedures, the ETP operator returns applications to procurement participants within 1 hour from the moment a notice of cancellation of the electronic procedure is posted in the Unified Information System, with simultaneous notification of participants of the cancellation of such a procedure.

44-FZ 2018: Changes for customers

New electronic procedures

From July 1, 2018 Customers/tender organizers will, if desired, be able to conduct the following types of open procurement procedures in electronic form (clause 43 of article 112 of 44-FZ):

• open competition in electronic form (Articles 54.1 - 54.7, 55.1 44-FZ);
• competition with limited participation in electronic form (Article 56.1 44-FZ);
• two-stage competition in electronic form (Article 57.1 44-FZ);
• request for proposals in electronic form (Article 83.1 44-FZ);
• requesting quotes in electronic form (paragraph 3.1 of 44-FZ).

Thus, there will be 6 open electronic procedures, including the currently active electronic auction.

Closed procedures will also be carried out electronically:

• closed competition;
• closed competition with limited participation;
• closed two-stage competition;
• closed auction.

Closed electronic procedures will be carried out on specialized electronic platforms.

From January 1, 2019, customers will be required to use only electronic procurement to determine a supplier, with the exception of cases of procurement specified in Art. 75, 76, 80, 82, 84, 93, 111 and 111.1 44-FZ.

The division of purchases into lots is canceled

From July 1, 2018 allocation of lots is excluded for the following competitive methods of identifying suppliers (contractors, performers): requests for quotations and requests for proposals, electronic procedures, closed electronic procedures (clause 6 of Article 24 of 44-FZ).

Of the paper procedures, it will be possible to divide into lots only in competitions - and only until 2019.

New rules for describing the procurement object

From January 11, 2018 The requirement for an objective description of the procurement object has been excluded from the rules for describing the procurement object and the possibility of using trademarks in relation to the procurement object has been expanded.

Refusal to conclude a contract

From January 11, 2018 in case of refusal to conclude a contract with the winner under clauses 9-10 of Art. 31 44-FZ:

• the winner is recognized as having evaded concluding the contract (in case of refusal in accordance with clause 2, clause 10, article 31 44-FZ),
• the customer has the right to conclude a contract with the “second” place (clause 11, article 31 44-FZ).

The procedure for refusing to conclude a contract has not changed.

Notice of procurement

From July 1, 2018 amendments are made to Art. 42 44-FZ, regulating the composition of the procurement notice: clauses 3-4 were adjusted, clauses 9-11 were added.

Register of contracts

From July 1, 2018 documents and information generated based on the results of closed procurements will not be available in the register of contracts (clause 5 of Article 103 of 44-FZ).

From the same date, the time frame for posting information in the contract register increases to 5 working days.

Procurement control

From January 11, 2018 an individual who is not a procurement participant has the right to file a complaint against actions (inaction) during procurement, provisions of documentation (notices), even if his rights and legitimate interests are not violated. Such appeals are considered in accordance with Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” Consideration of complaints from procurement participants exercising public control of public associations or associations of legal entities occurs in accordance with the provisions of Chapter. 6 44-FZ.

From July 1, 2018 operators of specialized electronic platforms have been added to the number of objects for conducting scheduled and unscheduled inspections in the field of procurement.

Changes to the schedule

General rule: changes to the schedule for each procurement item can be made no later than 10 days before the date of posting in the Unified Information System a notice of the relevant procurement or sending an invitation to participate in a closed procurement.

Entered from July 1, 2018 exception: for a tender (electronic tender), electronic auction, request for quotations (electronic request for quotations), request for proposals (electronic request for proposals) and purchases from a single supplier recognized as failed - changes to the schedule can be made no later than 1 day before the day of posting in the Unified Information System a notice of the relevant procurement / invitation to participate in a closed procurement (clause 14 of Article 21 of 44-FZ).

Purchasing from a single supplier

From July 1, 2018 new grounds for purchasing from a single supplier come into force (clause 25.1-25.3 of Article 93 44-FZ). A contract with a single supplier is concluded based on the results of failed procedures in electronic form. In this case, obtaining approval for the conclusion of such a contract is not required.

Such purchases from a single supplier, made as a result of failed electronic procedures, taking into account restrictions for SMP/SONCO, are taken into account in the volume of purchases made from SMP/SONCO.

Purchases from SMP / SONKO

From January 1, 2019 When determining the volume of purchases from SMP/SONCO, purchases from a single supplier are not included in the calculation of the SGPO, with the exception of purchases that were made as a result of failed procedures, taking into account the restriction for SMP/SONCO or subcontracting from among SMP/SONKO (clause 12 of Article 1 504 -FZ).

The actions of the customer in the case where the purchase is declared unsuccessful (not a single application, not a single final proposal, or all applications were submitted, the final proposals were rejected) have been clarified (clause 12 of Article 1 504-FZ):

• the customer has the right to cancel the restriction and make purchases on a general basis,
• such purchases made on a general basis are not taken into account in the volume of purchases made from SMP / SONKO.

On January 1, 2019, further changes to the procedure for purchasing goods, works and services for state and municipal needs came into force. Experts from the Credit and Insurance Agency will tell our readers what awaits government procurement participants in the new year.

Transition to e-procurement

Perhaps the most important change in the procedure for conducting public procurement is the transfer of procurement procedures to electronic form. This work began back in 2018, but from July 1, 2018, electronic procurement was the right of the customer. From January 1, 2019, this became mandatory. Purchases will be carried out electronically in the form:

Auction;

Competition;

Request for quotations;

Request for proposals.

In a number of individual cases, it will be allowed to carry out procurement in “paper form”. But this applies to closed procurements and emergency situations, the list of which is determined by Law No. 44-FZ “On the contract system in the field of procurement”:

Ensuring the customer’s activities on the territory of a foreign state (Article 75, 111.1);

Providing emergency medical care in an emergency or emergency form (Article 76);

Providing humanitarian assistance or eliminating the consequences of natural or man-made emergencies (Articles 80, 82);

Conducting closed procurements (Article 84);

Procurement from a single supplier (Article 93);

Conduct of procurement in accordance with the decision of the Government of the Russian Federation (Article 111).

Registration of procurement participants in the Unified Information System. Formation of ERUZ

On January 1, 2019, the provisions of Art. 24.2 of Federal Law No. 44-FZ “On the contract system in the field of procurement.” The article provides for mandatory registration of all bidders in the Unified Procurement Information System (UPI). The Unified Register of Procurement Participants (URPZ) has been created in the UIS, where information about participants who have registered is automatically entered. The Federal Treasury has been appointed responsible for the creation and maintenance of the ERUZ.

Registration in the Unified Information System is carried out electronically; in order to register, procurement participants will need.

Registration will be free of charge, its validity period will be 3 years, registration can be renewed no earlier than 6 months before its expiration.

An important feature is that companies registered in offshore zones will not be able to register in the Unified Information System and take part in government procurement.

You can read more about registering procurement participants in the Unified Information System in the article on our website.

Registration of suppliers in the Unified Information System

Changing the accreditation procedure on trading platforms

From January 1, 2019, Article 61 of Law No. 44-FZ, which regulates the accreditation of participants on electronic platforms, has lost force. At the same time, the accreditation procedure, according to which procurement participants were required to undergo the accreditation procedure on each of the electronic platforms, ceased to apply. From January 1, 2019, it is possible to obtain accreditation for an electronic signature only by registering with the Unified Information System.

Procurement participants who are registered in the Unified Information System and entered into the ERUZ automatically receive accreditation on all electronic trading platforms approved for working with government procurement. Accreditation will be carried out by operators of electronic platforms within 1 working day from the date of completion of registration in the Unified Information System.

VAT increase to 20 percent

On January 1, 2019, Law No. 303 of 08/03/2018 comes into force, providing for an increase in value added tax (VAT) from 18 to 20 percent. At the same time, the preferential VAT rate of 10% for certain types of food products, children's goods, and medicines remains unchanged.

The new VAT rate must be taken into account by customers when calculating the initial maximum contract price (IMCP) for procurement in 2019. Procurement participants must remember that, according to the new edition of clause 13 of Art. 34 of Law No. 44-FZ, which came into force on July 1, 2018, the contract includes a mandatory condition on reducing the amount payable by the customer to a legal entity or individual, including one registered as an individual entrepreneur, by the amount of taxes, fees and other obligatory payments to the budgets of the budget system of the Russian Federation related to payment for the contract, if in accordance with the legislation of the Russian Federation on taxes and fees such taxes, fees and other obligatory payments are subject to payment to the budgets of the budget system of the Russian Federation by the customer.

In other words, if the customer is a VAT payer, then when paying for goods supplied, work performed or services rendered, he must automatically reduce the amount of payment due to you by the amount of VAT payable to the budget. And if your company is not a VAT payer, this means that you will receive 20% less than the price specified in the contract, and in turn will not be able to deduct VAT.

What will happen to contracts concluded before January 1, 2019, if payment for them is made after the VAT increase?

Initially, the Ministry of Finance decided that for long-term contracts, the VAT increase would fall on the shoulders of the performers. The agency considered that an increase in the tax rate is a commercial risk for the contract executor. According to Law No. 44-FZ “On the contract system in the field of procurement”, the contract price is fixed and is determined for the entire execution period. Procurement participants know that the contract price cannot be changed and agree to the customer’s terms and conditions by submitting bids.

This position was set out in the information letter of the Ministry of Finance of Russia dated August 28, 2018 N 24-03-07/6124.

But on December 27, 2018, the President of the Russian Federation signed Law No. 502-FZ “On Amendments to the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Works, and Services for State and Municipal Needs.”

In accordance with the new edition of Law 44-FZ, which has already entered into force, in connection with the increase in the VAT rate to 20%, it is allowed, by agreement of the parties, to change the price of contracts concluded before January 1, 2019 within the limits of the increase in VAT in relation to goods, works, services, which are accepted after January 1, 2019. This condition will be valid until October 1, 2019.

Preferences for medicines from EAEU countries

On January 1, 2019, amendments to the Decree of the Government of the Russian Federation of November 30, 2015 N 1289 “On restrictions and conditions for the admission of medicinal products originating from foreign countries, included in the list of vital and essential medicinal products, for the purpose of procurement to ensure state and municipal needs" (Resolution on amendments dated May 12, 2018 No. 572).

The changes introduced during government procurement provide an advantage to medicines from Russia and other EAEU countries - Armenia, Belarus, Kazakhstan and Kyrgyzstan. Medicines, all stages of production of which were carried out on the territory of the EAEU member states, receive 15% price preferences provided for by Order of the Ministry of Economic Development dated March 25, 2014 No. 155.

Changes in reporting on purchases from small businesses

From January 1, 2019, the procedure for calculating the volume of purchases from small businesses has changed. Customers were allowed to include in the calculation of the total annual volume of purchases purchases from a single supplier from among small businesses (SMBs) or socially oriented non-profit organizations (SONCOs), which are carried out if the competitive method of determining a supplier (among SMBs) is declared invalid.

According to Part 4 of Art. 30 44-FZ, the customer can also cancel the restriction on participation in the procurement only by representatives of SMP and SONKO in the event that the initial competitive procedure was declared invalid either due to the rejection of all applications, or in the absence of applications for participation (or final proposals).

This innovation significantly simplifies life for customers, because... in accordance with current legislation, at least 15% of contracts must be concluded with representatives of SMP or SONCO. And taking into account purchases from a single supplier, which will begin to be taken into account in the total annual volume, achieving the established norm of 15% will become easier.

Let us recall that in 2018, the total volume of purchases from SMP and SONKO did not include contracts concluded with a single supplier.

Changing the procedure for calculating payments under government contracts with advance payment

From January 1, 2019, customers are required to include in the terms of contracts that provide for an advance payment the procedure for calculating subsequent payments. This is due to the entry into force on January 1, 2019 of the Government of the Russian Federation Decree No. 1430 dated November 28, 2018 “On amendments to the Regulations on measures to ensure the execution of the federal budget.”

There are two payment methods:

1. If the contract does not contain stages of work or the stages are performed sequentially, then the amount of subsequent payments is calculated as the difference between the cost of goods actually delivered, work performed, services rendered and the total amount of the previously paid advance payment.

2. If the contract contains stages of its execution, the completion dates of which coincide, then the amount of subsequent payments is calculated as the difference between the cost of goods actually delivered, work performed, services rendered and the amount calculated as the product of the amount of the advance payment provided for in the contract in percentage terms and the cost of actually delivered goods, work performed, services provided.

The specified payment procedure applies only to federal customers. In 2018, such a procedure was provided for government contracts with treasury support for advance payments.

Bank guarantees, loans, credits for government procurement participants.

Electronic signature, tender support and much more

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Clarification of anti-dumping measures

From January 1, 2019, if at an initial (maximum) contract price of up to 15 million rubles, the price during the bidding process drops by more than 25%, the amount of contract performance security increases by 1.5 times, or information about the contractor’s integrity is provided with simultaneous provision of contract performance security in the amount specified in the procurement documentation.

Cancellation of application security for state unitary enterprises and municipal unitary enterprises

From January 1, 2019, state and municipal institutions are exempt from the need to provide application security for participation in procurement procedures.

Cancellation of external examination

From January 1, 2019, external expertise is not required if the contract was concluded as a result of failed electronic procedures.

We told you about the most important changes to the procedure for state and municipal procurement, which will come into force on January 1, 2019. But the list of upcoming innovations in 2019 does not end there. Just some changes will take effect a little later:

Mandatory use of the Unified Trade Aggregator “Beryozka”

From March 1, 2019 It will become mandatory to use the Unified Trade Aggregator (EAT) “Beryozka” for government customers to carry out purchases for small amounts.
You can read more about EAT “Beryozka” in the article on our website.

Expansion of methods for securing applications

From July 1, 2019 The procurement participant will have the right to independently choose the method of securing applications for participation in electronic procurement. In addition to depositing funds into a special account, bank guarantees can be used as security for applications. This will make it easier for many companies to access procurement.

Reducing the amount of contract performance security by the amount of fulfilled obligations

From July 1, 2019 the size of the contract performance security is reduced in proportion to the cost of the fulfilled obligations, acceptance and payment of which by the customer were carried out in the manner and within the time frame stipulated by the contract.

In this case, the reduction in the amount of security for the performance of the contract provided in the form of a bank guarantee is carried out by the customer by waiving part of his rights under this guarantee. The date of such refusal is considered to be the date of inclusion of information about the partial fulfillment of obligations under the contract in the relevant register of contracts. If a new (reduced) security for the performance of the contract is provided, the customer does not return the guarantee to the bank, and collection under such a guarantee is not made.

Replacement of a bank guarantee in case of revocation of a bank's license

From July 1, 2019 in case of revocation of the license from the guarantor bank, the procurement contractor is obliged to provide new security for the execution of the contract no later than 1 month from the date of receipt of notification from the customer. This provision must be included in the contract. In this case, the amount of security may be reduced by the amount of fulfilled obligations under the contract.

Creation of the GIS “Independent Registrar”

From October 1, 2019 The state information system (GIS) “Independent Registrar” should start operating. The system is designed to monitor the performance of the UIS and electronic platforms, record the actions or inactions of procurement participants in the UIS and on the electronic signature, as well as store the specified information. It is expected that the use of the GIS “Independent Registrar” will increase the transparency of procurement and reduce the number of violations during procurement procedures.

If you want to know what other changes to 44-FZ await you in the near future, read the new article on our website “The most important directions for reforming the public procurement system for the period until 2024.” You won't believe it, the main innovations are yet to come!

You can find out about the latest changes to Federal Law 44, adopted in April 2019, in a new article on our website. The main changes will come into force on July 1, 2019. But some have already begun to operate from May 1 and 12, 2019. Don't miss important changes in legislation, stay up to date!

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