Ansi consulting group. Ansi Consulting Group Federal Law no 223 fz

At the moment, there are two federal procurement laws. These are Federal Law 44 and Federal Law 223. A distinctive feature of FZ-223 is the impact on only one of the parties to the transaction - on the customer. According to this law, the customer must develop, in accordance with legislative norms, and then approve the procurement regulation.

Federal Law 223 was passed on July 18, 2011. The Law “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” regulates the process and procedure for procurement between legal entities. This law applies only to legal entities in the territory of the Russian Federation.

This list includes:

• state companies and organizations;
• representatives of natural monopolies;
• legal autonomous institutions;
• electric grid companies, organizations involved in gas supply, heat and water supply, as well as other commercial organizations;
• autonomous institutions;
• state and municipal unitary enterprises.

The main provisions of Federal Law 223 include:

• a completed plan posted on the public procurement portal;
• documentation related to the purchase of goods must be available in the EIS;
• in the case of an electronic procurement auction, the customer must select a supplier based only on the terms of the purchase. These provisions are drawn up based on 223-FZ.

If the customer has encountered an unscrupulous supplier who has not complied with the requirements for the supply of goods, then it can be entered in the register. The Register of Unworthy Suppliers is also based on Federal Law 223.

Recent changes to Federal Law 223 "On Procurement"

Changes in the latest edition of 223-FZ "On Procurement" affected the procedure for generating reports. Also appeared SMP - partnership program in procurement. The rationing of purchased goods for customers is now carried out by the customers themselves. Individual legal entities are allowed to independently choose an electronic platform for transactions.

In the new edition, the following articles have been changed:

Article 1

This article describes the objectives of the regulation of 223 FZ, as well as the relations regulated by it. The changes affected the fifth paragraph, from which the pronoun “they” was removed, referring to state and municipal unitary enterprises. Also, paragraph 5 of the second part of the first article was supplemented by a subparagraph on the lack of attraction of funds from the budget system of the Russian Federation, for state and municipal unitary pharmacy organizations.

Article 2

This article describes the legal basis for the purchase of goods, as well as who approves the purchase regulation. These may be the top management bodies of a state corporation, heads of a unitary enterprise, a board of directors, a supervisory board.

Article 3

Article 3 223-FZ indicates the principles that the customer should be guided by when buying goods.

This list includes:

• information openness;
• equality between the parties to the transaction;
• targeted and cost-effective spending of funds, etc.

Also, the article clarifies that the transaction can be appealed to the antimonopoly authority. Any party to the transaction can do this.

Article 4

The article describes the information that should be contained in the documentation when registering purchased goods.

For example, in a procurement notice, according to the law, the following must be indicated:

• the method of acquiring goods or services;
• identification and contact details of the customer;
• the subject of the transaction;
• place and date of the transaction, etc.

Also, the procurement documentation should contain information based on the procurement regulation:

• customer requirements for the quality of the subject of the purchase. Compliance with its size, packaging, functional characteristics;
• requirements for the content and execution of the purchase order;
• the procedure for forming the price of the contract;
• form and terms of payment for goods, etc.

Article 5

The fifth article 223 of the Federal Law describes the register of unscrupulous suppliers. According to the law, the article indicates that the maintenance of this register is controlled by the federal executive body. The register includes suppliers who evaded the conclusion of the contract, or those with whom the contract was terminated in court, due to violation of the conditions. The list of information included in the register is established by the Government of the Russian Federation. Information is stored in the register for two years from the date of entry, they must be available for review, free of charge.

In 2011, the State Duma of the Russian Federation approved a federal law regulating the procurement of goods, works and other types of services by legal entities. This legislative act received the number 223-FZ and came into force in 2012. The meaning of the adopted law is to regulate the procedure for the purchase of various goods and services by legal organizations of certain categories.

223-FZ on procurement, in contrast to 44-FZ, gives legal entities certain freedom in the conditions of tenders and the choice of procurement options. This law is aimed at developing the tender system, supporting small businesses, eradicating corruption schemes and bringing new players to the public procurement market.

Download the text of federal law 223 "On the procurement of goods, works, services by certain types of legal entities" with the latest changes and comments.

The fundamental goals of the adoption of the law 223-FZ

This legislative decision has fundamental features aimed at successful regulation and monitoring of procurement. The key goals of the law are:

• Full transparency of purchases under 223-FZ. According to this principle, all information, including prices and the seller, should be open and publicly available.
• Highly efficient and economically justified spending of financial resources. The principle limits the price range of purchases and does not allow purchasing goods or services from one supplier at a deliberately inflated price.
• Opportunity to participate in the procurement of individuals, individual entrepreneurs and any legal organizations. This feature unleashes the hands of small enterprises, which previously could not practically participate in the supply of goods and services for large corporations.
• Full equality and impartiality in relation to all participants in procurement events.

The principles of 223-FZ have greatly improved the position of small enterprises. In addition, thanks to this law, it was possible to achieve transparency in all operations and diversify suppliers.

Structure of Federal Law No. 223

The law regulating the procurement of goods and services between certain types of legal entities has 8 main articles:

1. Article No. 1 223-FZ describes the goals that are planned to be achieved through the adoption of this law.
2. Article No. 2 contains the legal justification for conducting procurement activities.
3. Article 3 describes the key principles and provisions relating to the procurement of goods and services.
4. Subparagraph No. 3.1 of 223-FZ of the Russian Federation explains the intricacies of procurement by legal entities in the implementation of investment projects with state support.
5. Article No. 3.2 sheds light on the concept of competitive procurement.
6. Clauses No. 3.3 and No. 3.4 describe the operation of the electronic platform for the implementation of procurement transactions.
7. Article No. 3.5 of 223-FZ clarifies the requirements for competitive procurement by a closed method.
8. Subclause 3.6 specifies the requirements for purchasing from a single supplier.
9. Article No. 4 determines the information support of procurement processes and the list of necessary documentation.
10. Article No. 4.1, introduced in 2013, regulates the register of permissible contracts under 223-FZ.
11. Article No. 5 stipulates the introduction of a special register of unscrupulous suppliers. Such a tool aims to collect data on organizations that shy away from entering into contracts. In addition, a company whose contract was terminated in court due to gross violations of the terms of the contract may be included in the register of unscrupulous suppliers under 223-FZ.
12. Article No. 5.1 involves an assessment of the compliance of procurement plans and changes.
13. Article No. 6 guarantees compliance with the requirements of Federal Law No. 223.
14. Article No. 6.1 regulates the control of procurement activities by the relevant departments.
15. Article No. 7 stipulates liability for violation of legal requirements.
16. Article No. 8 describes the features of the entry into force of the law.

Law 223-FZ: who does it concern

The legislative document defines the activities of the following groups of legal entities:

State corporations and objects of natural monopolies with a state share of participation of more than 50%.

Subsidiaries of the above companies.

Budgetary organizations that buy goods and services at the expense of financial grants, their own funds or through the involvement of third parties.

An exception that goes beyond the regulation of 223-FZ is the purchase and sale of securities, precious metals and other things.

Comparison of features of 44 fz and 223 fz

For the convenience of comparing two similar laws, the following table can be compiled:

Thus, the key differences between federal law 223-fz are:

• Possibility of independent development of provisions on purchases and bidding at the discretion of the customer.
• No need for specialized education in 223-FZ and knowledge of the basics of the law to conduct procurement operations.
• The right to use an extensive list of trading platforms.

Bank guarantees provided for in Article 223

A bank guarantee under 223-FZ can be of three different types:

1. A guarantee issued to a supplier who has expressed a desire to participate in an auction or tender. This guarantee secures the participant's application.
2. Bank guarantee for reimbursement of the advance payment.
3. A guarantee that ensures the fulfillment of the terms of the public procurement contract.

Key requirements for bank guarantees under 223-FZ

According to the text of federal law 223-FZ, all bank guarantees must be:

1. Irrevocable.
2. With a certain period of validity.
3. With mandatory confirmation or rejection within three working days.
4. Containing full information about payments in case of non-fulfillment by the supplier of the terms of the contract.
5. With the agreed obligations of both parties involved in the transaction.

The amount of guaranteed funds under 223-FZ

The amount provided under bank guarantees is individual in each individual case.

In accordance with the law 223-fz, bank guarantees cannot exceed 10% of the total capital of the bank.

The key factors influencing the cost of guarantees are the terms of provision and the presence or absence of the necessary security.

As a rule, to reduce the cost of bank guarantees, you can open a bank account and provide collateral in the form of bills or deposits.

The procedure for organizing procurement events within the framework of 223-FZ

To make purchases under the law 223-FZ, you need to take the following steps:

1. Making a digital signature.
2. Registration on the official website of public services.
3. Registration on the procurement website located at zakupki.gov.ru
4. Drafting of procurement regulations.
5. Understanding, compiling and placing the documentation of the procurement plan.
6. Full customization of a personal profile on the public procurement website.
7. Providing documentation to all involved parties.
8. Holding a competition.
9. Conclusion of a contract with the winner.

The appearance of a personal account on the zakupki.gov.ru website is shown in the figure below:

The subtleties of filling out the procurement provision for 223-FZ

Regulation on 223-FZ without fail contains the following information:

• the necessary ways to carry out procurement activities;
• proposed procedures for conducting tenders;
• methods for selecting relevant suppliers;
• estimated terms of the contract and transfer of funds;
• the procedure for signing the contract between the parties;
• features of acceptance and payment of the provided works;
• possible penalties;
• ways to resolve disputes.

Exceptions

Law 223-FZ allows not to have all procurement information in a single information system in the following cases:

• the contract is related to state secrets;
• the contract provides for the implementation of procurement activities in the amount of up to 100,000 rubles;
• the subject of the contract belongs to a special list described in the framework of the government decree under the number 2027-r.

The latest version of 223-FZ 2018 allows not to disclose information related to the transfer of rights to real estate and certain financial services. So, now, according to 223-FZ, it is not necessary to submit data to a single information system on raising funds from individuals, obtaining credit funds, etc.

Deadlines for 223-FZ

The key terms operated by federal law 223-fz are most conveniently placed in the table:

Note! In the event of technical malfunctions during the publication of documents in the EIS, the deadlines for submitting documents are shifted by one business day from the moment the technical problems are resolved.

Key changes to Federal Law 223 on Procurement 2018

At the end of last year, the State Duma adopted a number of amendments to federal law 223-FZ. These changes affected, first of all, suppliers and electronic trading platforms. Among the main amendments of the law are:

• Transfer of all purchases to electronic form. Exceptions are purchases provided for in the procurement regulations.
• The need to create special financial accounts to secure the application for participation. Opening an account is carried out by the supplier company in one of the listed banks. A complete list of permitted financial institutions is approved by the government of the Russian Federation.
• Withdrawal of interdependent enterprises from under the law 223-FZ. Customers now have the option to purchase from a single supplier under certain conditions.
• Enabling subsidiaries to join the purchasing activities of the parent company.
• When purchasing a certain product, the customer undertakes to use words or an equivalent. This innovation precludes the purchase of a specific product with a specific trademark.
• The impossibility of canceling the purchase after the deadline for submitting applications.
• Creation of a specialized commission for customers to check the competitiveness of the purchase.
• Changes in notice submission deadlines. Now the notice of the competition under 223-FZ and the auction is announced fifteen days before the deadline for accepting applications. Information about the request for quotations must be published five days in advance, and the notice of the request for proposals must be published seven days before the end of the application period.
• The impossibility of making requests for the deposit of security for the application if the transaction amount is less than 5,000,000 rubles. With the purchase amount of more than 5,000,000, the application security can be no more than 5%.
• Organizers of procurement events got the opportunity to use internal services that can be synchronized with a single information system. Such an innovation will be useful for large customers, who now just need to enter all the information into the internal system, and it will be automatically published in the EIS.

A more complete list of key changes in 2018 can be found by studying the 223-FZ with the latest changes, which is available at the link:

Changes to 223-FZ for small and medium enterprises

Starting from 2018, small and medium-sized businesses will be able to participate in procurement with the following conditions:

• Conducting all purchases exclusively in electronic form.
• Registration of the transaction is available only on six federal trading floors.
• Funds supporting the application must be submitted to a specially designed bank account.
• Participants of the 223-FZ who won the competition draw up an electronic contract on a special platform. The paper contract has been abolished.

Changes in the system for filing complaints under 223-FZ

Until 2018, a complaint to the front under 223-FZ was made approximately according to the following scenario:

• The supplier complained to the FAS under 223-FZ.
• FAS analyzed the complaint and made a decision.
• The customer applied to the judicial authorities.
• The court ruled in favor of the client.

After the implementation of the amendments, a limited list of grounds for filing complaints appeared. Now you can complain to the FAS if:

• The customer makes a purchase with gross violations of the norms of 223-FZ or its own procurement regulations.
• The customer did not publish the necessary information in a single information system. The reason may be the lack of Procurement Regulations in the EIS, documents describing a specific procedure, and so on.
• The supplier is subject to requirements under 223-FZ that were not specified in the procurement documentation.
• The client has not published in the EIS full information regarding the annual volume of purchases from SMEs.

Changes in the appeal process under 223-FZ

Until 2018, a complaint to the FAS became the reason for organizing an antimonopoly audit of the entire organization. For example, when filing a complaint about the provisions on technical documentation, the FAS also checked other documents. Even if the antimonopoly service could not find violations in the technical documentation, but found a violation in, for example, procurement plans, the order was still issued.

In connection with the appearance of Part 13 of Article 3 of Law No. 223, consideration of the complaint will be limited to the arguments contained in it. That is, now the FAS, upon detection of violations unrelated to the complaint, will not have the right to issue instructions on them.

Register of dishonest suppliers

The Register of Unscrupulous Suppliers is a list of organizations that have violated key aspects of Law 223-FZ or Law No. 44. The lion's share of all customers works exclusively with organizations that are not included in the register.

Among the main reasons why an organization can be placed on the list of fines are:

• Avoiding signing a contract or refusing to fulfill the terms of the contract.
• Appeal by the customer to the court, if the supplier fails to comply with the main clauses of the contract.
• Gross violations by the supplier of the terms of the contract, entailing a refusal to fulfill the contract by the customer.

A complete list of organizations included in the register of unscrupulous suppliers can be found at http://www.zakupki.gov.ru/epz/dishonestsupplier/quicksearch/search.html.

As you can see from the screenshot, the site dedicated to public procurement has a convenient search. When drawing up contracts with organizations, customers are advised to check their counterparty on this list to ensure its reliability. If, during the search, it suddenly turns out that the partner is among unscrupulous suppliers under 223-FZ, then perhaps you should look for another organization for procurement.

Information contained in the registry

After the regulatory body decides to enter the organization into the register of unscrupulous suppliers, the following information is published:

• Name of a legal entity or full name, surname and patronymic of an individual.
• Information about the location of the legal entity or the place of residence of the individual.
• Tax identification number.
• Data on the date of the transaction or the date the transaction was declared void.
• Information about the contract, including the names of goods, the classification code, the currency of the transaction, the cost and terms of the contract.
• Date of termination of the contract, indicating the corresponding reason.

Thus, we can conclude that the execution of the contract under 223-FZ is a necessity. In case of gross violations of the terms of the contract, an organization or an individual runs the risk of being included in the register of unscrupulous suppliers and leaving the public procurement market for a long time.

Logout

At the moment, the only way to quickly get out of the register of unscrupulous suppliers is to appeal the FAS decision in court. Judicial practice has a huge number of cases when an organization was able to successfully prove its case, quickly left the register and successfully continued to participate in procurement activities.

In all other cases, organizations included in the register of unscrupulous suppliers will automatically leave the lists of unreliable companies after two years from the date of entry into the register.

Results

Federal Law 223 on public procurement regulates the procedure for conducting procurement activities by certain types of legal entities. The key features of this Law 223-FZ were the transparency of transactions, the efficient use of financial resources and the possibility of participation of all business entities in competitions and tenders.

Federal law number 223 is a great opportunity for small businesses to participate in the purchases of large corporations. Relatively simple rules for participation in competitions and a simple system for submitting electronic applications make it easy to compete for the supply of goods or services.

• On 05.10.2017
• 0 Comments
• 223-FZ, 44-FZ, Purchases from a single supplier, Request for quotations, Request for proposals, Tender, FAS, Electronic auction, ETP

Procurement legislation is represented by two main laws - 44-FZ and 223-FZ. The first of them regulates public procurement, the second applies to purchases made by state corporations and other companies with a state share. Purchases in the field of corporate orders (under 223-FZ) are carried out several times more than under 44-FZ. At the same time, the last law is considered very strict, but 223-FZ is called much more loyal. Consider the principles of this law, the mechanism of its work and.

Differences between laws

Law 44-FZ is a procedural normative act - it defines all the rules for conducting procurement. The customer has practically no opportunity to choose something, with rare exceptions - he is forced to follow the clear requirements of the law. 223-FZ, on the contrary, is a framework law and gives the customer all the cards in hand. He can establish his own rules, the main thing is that they do not contradict the requirements of the laws. This, perhaps, is the main difference between 223-FZ and 44-FZ.

More specifically, the difference is as follows:

Registration in ERUZ EIS

From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

1. Within the framework of the state order, uniform rules apply for all customers. In procurement under 223-FZ, each of them establishes its own rules and reflects them in the Procurement Regulations.
2. 44-FZ allows purchases through strictly defined procedures - auctions, tenders, requests for quotations and proposals, as well as purchases from a single supplier. There is no closed list of procedures in 223-FZ, so the customer can determine the supplier by a variety of methods.
3. A different approach to procurement from a single supplier: 44-FZ defines a list of cases where this is possible, and customers under 223-FZ compile this list themselves.
4. Within the framework of 44-FZ, only auctions are held on the electronic trading platform (ETP), within the framework of 223-FZ - any purchases.
5. The customer under 44-FZ is obliged to conclude a contract with the winner of the procedure, and the customer under 223-FZ does not always conclude a contract with the winner.

Principles of 223-FZ

As mentioned above, 223-FZ provides the customer with the opportunity to determine almost everything independently. However, the rules that it establishes must not contradict the law itself and its principles. And they are:

1. Information openness. Any interested person should have the opportunity to see what and on what grounds the customer of this purchase is purchasing.
2. Targeted and efficient spending of funds. This principle means that it will not work, for example, to purchase goods from a single supplier at inflated prices, because such spending of money is not effective.
3. Any organization or individual entrepreneur can become a supplier. This principle eliminates the difficulties that small companies previously faced when trying to get a contract with a state corporation.
4. Fairness and non-discrimination towards participants. This means that customers should not allow unreasonable restrictions on competition.

Due to the fact that the law does not establish specific requirements, its principles turn from beautiful words into a mechanism through which participants can defend their rights. For example, the customer has determined that a company with a turnover of less than 10 million rubles cannot be a supplier under the contract. On the one hand, 223-FZ does not prohibit the customer from setting his own rules of the game. On the other hand, this requirement directly violates the principles of the law on the participation of any person and the equality of participants. And on this basis, the supplier, who cannot take part in the purchase due to low turnover, has the right to go to court. Please note that this kind of claim is considered by the courts, since.

Who should work under 223-FZ

Business entities that apply the law 223-FZ in their work are:

• state corporations, state companies, natural monopolies, as well as organizations in which the state's share is more than 50%;
• subsidiaries ("daughters") of such organizations, as well as subsidiaries of these "daughters";
• budgetary institutions, if their purchases are made at the expense of grants or funds that they earned on their own, as well as in the case when they themselves are executors under the contract and involve other persons for its execution.

Procurement Regulation

The main document on the basis of which customers carry out procurement activities under 223-FZ is Procurement Regulation. It must be developed and published on www.zakupki.gov.ru before the beginning of the year.

The regulation is a kind of “law”, according to which it will now be necessary to carry out procurement activities. It is necessary to provide for the ways in which purchases will be carried out, the procedure for their preparation and conduct, the procedure for concluding contracts, a list of goods, works and services that will be purchased from small and medium-sized businesses.

The customer can change anything in his Procurement Regulations at any time - the law does not establish restrictions on this. When the Regulation is changed, it is necessary to publish its new edition and a document that lists all changes.

If the customer has not approved the Regulations on time, then he will not be able to work under 223-FZ and will be forced to make purchases under 44-FZ. If in this case he neglects the norms of the legislation on public procurement, he will be fined under part 3 of article 7.32.3 of the Code of Administrative Offenses. In accordance with this norm, the fine for legal entities is 50,000-100,000 rubles, for officials - 20,000-30,000 rubles.

In addition to the Procurement Regulations, the customer must develop a one-year Procurement Plan. Before each specific procedure, a notice of procurement and procurement documentation is published.

Technical task

The parameters of the procurement object are specified in terms of reference. The quality of the product, work or service and their compliance with the needs of the customer directly depends on its correct compilation. According to experts, a well-written TOR is 80% of the success of the purchase, so special attention should be paid to its preparation.

The terms of reference should first of all contain a qualitative description of the procurement object. Unlike the law on public procurement, 223-FZ allows not only to prescribe its parameters in detail, but also to indicate the trademark, as well as the exact, and not the range, values ​​of certain of its characteristics. In addition, the terms of reference include requirements for the configuration, quantity, terms and places of supply, quality, installation, maintenance and training of personnel, as well as guarantees for the goods supplied. This is the minimum set of requirements that should be written in the Terms of Reference.

Electronic signature

Both the customer and the supplier under 223-FZ cannot do without electronic signature. And if 44-FZ defines what types of electronic signatures should be used by one or another party of the procurement, then 223-FZ only requires a qualified certificate. On the one hand, it is easier - theoretically, any type of electronic signature will do. On the other hand, purchases under 223-FZ are carried out at a wide variety of sites that have the right to establish their own requirements for an electronic signature certificate. So a certificate received for work on one ETP may not be accepted by others. Thus, you need to apply for a certificate, having already determined with a list of sites where the supplier is going to work.

Let's analyze the basics of procurement under 223-FZ for beginners. Certain types of legal entities fall under its action. These are state corporations, state companies, public companies, natural monopoly entities, organizations operating in the areas of electricity, gas supply, heat supply, water supply, sanitation, autonomous institutions, business entities in which the state's share of participation exceeds 50% and their subsidiaries.

Sometimes, according to the norms of Law No. 223-FZ, public institutions and unitary enterprises carry out purchases, if these are procedures at the expense of grants and subsidies, at the expense of their own income, or in which customers act as a contractor under the contract and involve third parties to fulfill obligations.

Law No. 223-FZ establishes only general rules for conducting auctions. In it you can find the rules for conducting electronic procedures, requirements for closed purchases and purchases from a single supplier, departmental control over the activities of customers.

The customer establishes all the basic rules for conducting procurement in his position - this is the main document regulating his procurement activities.

As for the methods of procurement, the main ones are listed in 223-FZ. These are competitive procedures: competition, auction, request for proposals, request for quotations. However, customers are not prohibited from using other procedures. But it is necessary to include them in the provision. At the same time, customers are required to purchase a number of GWS in electronic form (Government of the Russian Federation dated June 21, 2012 No. 616).

Procurement algorithm for 223-FZ for beginners

The new customer needs to do the following:

223-FZ with changes 2020 for dummies

From the beginning of 2020, several important changes to Law No. 223-FZ come into force. First, the period for payment under contracts concluded with small and medium-sized enterprises has been reduced. If earlier the money had to be transferred within 30 days from the date of execution of the acceptance documents, then from January 2020 the period was reduced to 15 days (Government of the Russian Federation of September 18, 2019 No. 1205). The period is counted in business days.

Secondly, we increased the minimum volume of purchases from SMEs. In particular, the minimum annual volume of purchases from SMEs increased from 18% to 20% of the annual value of all contracts (Government of the Russian Federation dated 08/01/2019 No. 1001).

Training in 223-FZ from scratch

Neither customers nor suppliers are required to undergo training under Law No. 223-FZ. However, you need to get basic knowledge. Knowing the principles of procurement, the requirements for them, the customer will not make mistakes and receive instructions from the Federal Antimonopoly Service, save money and satisfy his needs for high-quality GWS.

Education can be remote and offline, full-time and short-term, paid and free. Training from scratch for dummies usually concerns the basics of procurement activities under Law No. 223-FZ. These are the provisions of the law and related regulations, the rules for drawing up a procurement regulation, the basics of planning, the stages of procurement, the rules for drawing up contracts, and reporting.

In addition to training for yourself, there is vocational training. It is carried out on the basis of training centers and universities. Those who complete the course receive a certificate, certificate or diploma of higher education. It depends on the format and number of hours.

Training is just as important for the supplier as it is for the customer. It is important to understand what to look for in the procurement regulations, what procurement methods are, how to select suitable procedures, how the customer reviews applications and why he can reject the application, what criteria are used to select the winner.

To carry out various projects, meet the needs for goods or services, state or local authorities in 2020 conduct so-called public procurement. The main 2 regulatory documents regulating this area are federal laws 44 and 223. Fundamentally, they differ in that in the first case, procurement is carried out by state institutions, and in the second, by organizations that are partly owned by the state (but not less than 50%). Other differences, stages of the procurement procedure are discussed in detail below.

When participating in a tender, companies pay attention to various regulatory documents, but first of all, these federal laws. The differences between them are described in the table.

* Register of dishonest suppliers

** According to Federal Law 44, it is possible to make purchases in another way - by purchasing goods / services from a single supplier (FZ 223 does not provide for such a possibility).

*** Participants can choose different types of collateral at their discretion - making an advance payment, a guarantee from a banking institution, etc.

Video commentary on the topic (differences in simple words):

Types of trades

Both the one and the other federal law offers the same types (methods) of trading for all participants. And one more type is provided only by Federal Law 44 - this is a purchase from a single company (with the rationale for such a decision in a special report). The unified types of trading under both laws include:

1. Auction - the winner is determined by a simple principle: whoever offers the lowest price will get the contract. However, there are rare exceptions when the winner is determined by the highest price.
2. Competition is most often used for complex procurement objects. The winner is determined by a set of criteria, and not just by price (the qualifications of the participant, his experience, business reputation, etc. are taken into account).
3. The request for quotation combines the criteria of an auction and a competition.
4. Request for proposals - the participants themselves put forward their own proposals, and they also see the options of competitors, in connection with which they can adjust their options.

Among the described methods, there are other varieties - open and closed auctions, requests for proposals / quotations in paper and electronic form, etc.

With regard to the purchase from a single company, this is a special case that can only be applied in the presence of circumstances clearly stated in law 44. We are talking about natural monopolies, procurement under special Presidential Decrees, as well as for special tasks (mobilization training) and within a small amount - up to 100 thousand rubles and many others

7 stages of the competition

According to Federal Law No. 44, there are 7 stages of the procedure:

1. The customer analyzes the needs and decides on the procurement, on their total volume and form. At this stage, he organizes the work of the commission and adopts the relevant Regulations.
2. Next comes the preparation of tender documentation. It includes various documents - this is the Regulation, samples of all forms of documents, project rationale, detailed terms of reference, the project itself, etc.
3. A notice is published with an exact indication of the deadlines for filing applications, which the participants in the procedure are guided by. The notice and related documentation is currently posted in the Unified Information System.
4. Then there is a registration of applications from all interested parties.
5. Application information is analyzed (paper envelopes are opened or electronic files are opened).
6. Applications are considered, after which a decision is made on further cooperation with a particular company.
7. The winner is called; then a contract is signed with him, after which the company starts work.

Thus, when using Federal Law 44, the parties are clearly guided only by its norms, the use of other regulations is not allowed. With regard to cases falling under the scope of Federal Law 223, the parties act not only under this law, but also in accordance with the Procurement Regulations. Therefore, such situations are more flexible in terms of regulation (terms, reporting, electronic platforms, etc.).