Several important changes for bidders and bidders will come into effect next year. The editors of the site have prepared an overview of the main amendments to the legislation in the field of procurement under 44-FZ and 223-FZ, so that readers are aware of the innovations.

Amendments for customers and suppliers under Law No. 223-FZ

1. SMEs will have more customers

In 2020, the norms of the Decree of the Government of November 15, 2017 N 1383 will come into force, providing, among other things, for expanding the list of companies that are required by 223-FZ to purchase goods, works and services from small and medium-sized businesses (SMEs). In particular, state-owned companies with annual revenues of more than 0.5 billion rubles and autonomous institutions, whose annual volume of purchases exceeds 250 million rubles, will become obliged to comply with procurement quotas.

Another important amendment for business is spelled out in Decree of the Government of the Russian Federation of August 19, 2016 N 819. According to it, the annual volume of purchases of goods, works, services from SMEs increases from 10 to 15 percent. Moreover, we are talking about the total annual value of contracts concluded with medium-sized companies, and the annual volume of purchases that are planned to be made based on the results of tenders for small and medium-sized businesses.

In view of these changes, customers will have to complete an updated form of the annual report on the procurement of goods, works and services from SMEs. It will additionally appear lines for specifying:

• information on the share of purchases from small companies in the total annual value of contracts;
• information on the share of purchases in the total annual value of contracts based on the results of tenders or other procurement methods, the participants of which are only SMEs.

2. Control over the purchases of individual companies will be tightened

From March 1, 2020 in relation to state-owned companies and their subsidiaries who annually purchase over 1 billion rubles, will begin to assess the compliance of draft plans for the purchase of goods, works, services, draft plans for the purchase of innovative products, high-tech products, medicines, draft changes to such plans. The same documents will be checked by municipal companies and their subsidiaries if the volume of their purchases exceeds 50 million rubles, as well as by credit companies whose annual revenue from the sale of services exceeds 500 million rubles.

And from June 1, 2020, SME Corporation JSC will begin monitoring the compliance of plans with subsidiaries of state corporations and state-owned companies that purchase in the amount of 250 million to 1 billion rubles. Meanwhile, the organs executive power Subjects of the Russian Federation and (or) organizations created by them will check the compliance of procurement plans from state unitary enterprises, municipal unitary enterprises, other municipal organizations whose assets exceed 10 billion rubles and which conclude procurement contracts during the year in the amount of more than 50 million rubles.

Amendments regarding procurement conducted under Law No. 44-FZ

3. Guarantees of not all banks are suitable for securing applications and contracts

From January 1, the requirements for banking institutions will be clarified, the guarantees of which are allowed to be used to secure applications for participation in procurement under Law No. 44-FZ and to secure government contracts. According to Art. 12 of the Federal Law of July 29, 2017 No. 267-FZ, the government approves the size requirements own funds(capital) of the bank and the level of its credit rating.

To make it easier to navigate, the list of banks that meet all the requirements will become public. It can be found on the website of the Ministry of Finance.

4. Reference data on goods, works and services will appear in the UIS

From January 1, the requirement to supplement the catalog of goods, works, services to meet state and municipal needs in a unified information system(EIS) in the field of procurement background information. The system will include:

• information on the adopted technical regulations, documents developed and applied in the national standardization system that apply to goods, works and services;
• codes corresponding to the product, work, service according to Russian and international systems classification, cataloging (if any);
• information about standard contracts, standard conditions contracts to be applied in the procurement of goods, works, services (if any);
• date of inclusion in the catalog item;
• start date(s) mandatory application information included in the catalog item;
• expiration date for applying the catalog item (if necessary);
• additional information, including on the characteristics of goods, their manufacturers, trade names, appellations of origin of goods, on prices per unit of quantity of goods, on the scope of work, services and (or) prices per unit of measurement of the quantity of goods, on the conditions for the supply of goods, performance works, provision of services.

In addition, from the new year, information and documents (procurement plans, procurement schedules, notices, protocols, draft contracts) with errors identified during inspections will not be able to enter the EIS. In 2020, this rule will only apply to information about purchases made for federal needs. In another year, the requirement will work for municipal customers (Decree of the Government of the Russian Federation of March 20, 2017 N 315).

9. The register of contracts will be supplemented with new information

Based on Government Decree No. 443 of April 13, 2017, the customer will enter information about all co-executors, subcontractors from among small businesses and socially oriented non-profit organizations that have concluded agreements with the main supplier (executor) under the state contract in the register of contracts. In particular, the register of contracts will contain data on the location of the co-executor (subcontractor), its TIN, the date of conclusion and the contract number (if any), the subject and price of the contract with the co-executor (subcontractor).

10. Innovations for individual areas

Let's briefly talk about the new rules for some areas.

• Decree of the Government of the Russian Federation of November 15, 2017 N 1380 defines the features of the description of medicinal products for medical use, which are the object of procurement to meet state and municipal needs.
• Starting from the new year, the obligation to conduct exclusively electronic trading for the formation of prices for services for the collection and transportation of municipal solid waste for a regional operator (Decree of the Government of the Russian Federation of 03.11.2016 N 1133).
• When supplying lighting fixtures for buildings, main roads and citywide streets, the share of lighting fixtures other than LEDs is set at 70% of the total volume of such orders (in kind). This is stated in

An important change was the permission not to decrypt information on the purchases of several groups of goods and services (the so-called one-liners). For these GWS in the schedules and procurement plans, customers can simply indicate them in one line, without writing explanations.

• medicines;
• purchases up to 100 thousand rubles;
• repair work / work on the maintenance of non-residential premises;
• teaching and excursion services;
• hiring employees to conduct statistical analysis;
• obtaining access to foreign sources of information.

That is, in 2018, data on non-competitive purchases were added to the "one-liners" that were in the old-style plan in accordance with paragraphs 23, 42 and 44 of Part 1 of Art. 93 of Law No. 44-FZ.

Schedule and procurement plan in 2018

The main changes since January 1 have affected the schedule and the procurement plan. Forms have become more detailed. According to the new rules of 2018, the procurement plan must indicate the volume Money for each CSC and subsidy agreement in the current, subsequent and planned years.

In the schedule, the customer needs to indicate the price for purchases, including with a single supplier, and information about goods, works or services with units of measurement.

The changes for 2018 are as follows:

1 From 01/01/2018, if the customer concludes a long-term contract with a supplier, he will need to confirm that the financing will be available for the entire duration of the contract. In other words, for such contracts under 44-FZ, the procurement plan for 2018-2020 must include information on financing for the entire period of their validity, if it goes beyond these three years.
At the same time, the procurement plan and the procurement schedule for 2018-2020 do not need to include items already included in the procurement plan and the procurement schedule-2017;

2 Restrictions on making changes to a plan that has already been drawn up and approved. Now you can change only if the price has changed, if the legislation has changed, or the format of the purchase has changed (the concept of "format" includes both the type of procedure and the timing or volume).

Healthy

A free webinar about the changes that come into force in 2018, the new rules for subsidies, let's analyze the latest document - the conditions for the admission of medical devices according to Government Decree No. 1469 of 04.12.2017.

Changes under 44-FZ relate to a new model of plans in 2018. The Ministry of Economic Development previously recommended that customers bring the existing plans into line. Requirements for the formats and forms of the procurement plan are listed in the Government of the Russian Federation dated January 25, 2017 No. 73. Recommendations of the Ministry of Economic Development on the same topic are given in a letter dated March 7, 2017 No. D28i-1089

Under the new requirements from 2017, customers must now prescribe the amount of financing in rubles (and not in thousands of rubles) and detail data on special purchases. At the same time, information on the amount of financial security under the subsidy agreement does not need to be reflected in the plan. Please note that the amount of financial support is not the same as the NMCC, and not necessarily the same as the amount of funds brought to the customer for the purchase.

Also, according to the changes, federal customers under 44-FZ from 2018 must include information on purchases that constitute state secrets in an appendix to the procurement plan for the financial year and planning period. For this application, a secrecy mark is established in accordance with clauses 3, 3 (1) of Decree No. 1043.

Electronic Procurement

There are a lot of changes, they have been corrected and supplemented more than once, therefore, in adopted law difficult to orientate. A huge number of references in this 200-page amendment text does not allow you to quickly and clearly understand what has changed. We have done all the hard work for you and sorted out the most important things that affected customers and suppliers. Read and stay informed!

Purchase of medicines

Customers who purchase medicines, in accordance with Decree No. 1380 from January 1 to terms of reference are required to indicate the dosage form, dosage and remaining shelf life. It is also possible to indicate the route of administration of the drug, for drugs used in pediatrics - the age of the child. When purchasing medicines, by decision of the medical commission, it is allowed to indicate the trade name.

Purchasing medicines has become special

Now we need to carefully prepare the terms of reference and determine the initial price in the purchase of medicines. Adopted rules by which customers must describe purchased drugs. And in order to calculate the NMCC of such a purchase, they offered several options.

The new rules contain prohibitions. The documentation forbids prescribing:

• dosage equivalents, if you have to share solid dosage forms;
• units of measurement of the dosage of the drug, when they can be converted to other units of measurement;
• filling volume of the primary packaging (except for solutions for infusions);
• the presence or absence of excipients;
• the temperature at which drugs are stored when there is an alternative regimen;
• the release form of the drug;
• the number of medicine units in the secondary packaging and the requirement to put the number of packages instead of the quantity of the drug;
• requirements for indicators of pharmacodynamics and pharmacokinetics of the drug;
• all characteristics from the instructions for use that specify the manufacturer.

Purchases of foreign software

Maintaining a register of contracts

Since January 1, verification of information from the register of contracts has been resumed, including from the register of contracts containing information constituting a state secret. Information is checked on the terms of execution of contracts, the number and unit of measurement of contracts, the consistency of information and documents.

The customer must indicate information about co-executors and subcontractors who are small businesses or socially oriented non-profit organizations, including indicating their TIN, location, date of conclusion of the contract, subject of the contract and its price. These changes are specified in the Government No. 443 dated April 13, 2017.

Bank guarantees

Changes were planned for 44-FZ from January 1, 2018 in part 1 of article 45 of the procurement law. These amendments relate to changes in the requirements for banks issuing guarantees. The entry into force of the changes was postponed to June 1, 2018 (No. 475-FZ dated December 29, 2017).

Under the new rules, customers will be required to accept guarantees only from representatives of the list of banks that will meet the requirements of the Ministry of Finance in 2018. The government requirements themselves are defined in No. 267-FZ dated July 29, 2017.

Catalog of goods, works and services

When describing the procurement object, customers are obliged to use information from the Catalog of Goods, Works and Services posted in the EIS (if available). The KTR contains information on technical regulations, standard contracts or conditions, the date of commencement of the mandatory application of information from the catalog, characteristics, prices and terms of delivery of the procurement object, etc.

To view background information, information about technical regulations and standards that apply to a product, work, service, go to the KTR position card. Then go to the "Help" tab.

Register of Sole Suppliers

From January 1, the Register of sole suppliers of goods began to work on the UIS, which indicates suppliers that produce or modernize goods on the territory of the Russian Federation in accordance with No. 442 dated April 13, 2017. Registry information is publicly available.

The grounds for purchasing from a single supplier from the register are listed in Article 111.3 of Law No. 44-FZ. The contract is concluded in accordance with clause 47 of part 1 of article 93 of Law No. 44-FZ.

Balandina O., K. Edelev

Starting July 1, 2018, customers under Law 44-FZ will conduct all purchases on electronic platforms. Those who work under Law No. 223-FZ are required to conduct auctions in four ways. The rules for securing applications and reporting are changing.

What changes to take into account in 44-FZ from July 1

From July 1, 2018, amendments to Law No. 44-FZ, which were introduced by Federal Law No. 504-FZ of December 31, 2017, come into force. See the table for a complete list of changes.

Purchase preparation

Changed the deadlines for making changes to the schedule. From July 1, 2018, a reduced deadline applies for some cases. The rationing rules will be used by two state corporations.

REDUCED TIME TO EDIT THE SCHEDULE

By general rule the customer makes changes to the schedule and only after 10 calendar days has the right to place a notice of procurement in the EIS or send an invitation to a closed procurement. Exceptions were introduced for the rule - the period was reduced to one calendar day for purchases:

The rule is valid provided that the notice was posted no earlier than the changes to the schedule.

What changed: subparagraph "b" of paragraph 8 of Article 1 of Law No. 504-FZ.

What's changed: supplemented Part 14 of Article 21 of Law No. 44-FZ.

REGULATION RULES EXTENDED TO STATE CORPORATIONS

The rationing rules established by the Government will be applied by the state corporations Rosatom, Roskosmos, as well as the most significant institutions of science, education, culture and healthcare. The most significant institutions are determined by the Budget Code.

Rosatom and Roscosmos will approve the requirements for certain types of goods, works, services, including marginal prices products and standard costs for providing functions. We are talking about the purchases of the state corporations themselves and their subordinate organizations.

What changed: subparagraphs "a", "c" of paragraph 7 of Article 1 of Law No. 504-FZ.

Procurement methods

The main innovation is that customers are required to conduct all competitive purchases on electronic platforms. A transitional period is provided - from July 1, 2018 to January 1, 2019. Also adjusted the rules by which competitive purchases are carried out.

INTRODUCED ELECTRONIC PROCEDURES

Now customers will conduct purchases in electronic form. For this, new articles were introduced into Law No. 44-FZ and amendments were made to the existing ones. New articles:

Methods of electronic procurement. In electronic form, not only the auction, but also other purchases are carried out. What purchases will take place on electronic platforms, see the diagram.

From July 1, 2018, customers, authorized bodies and authorized institutions have the right to apply new electronic forms of procedures, and from January 1, 2019, they are obliged to purchase products only by electronic procedures. It is impossible to conduct an open tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in a non-electronic form.

It is possible to purchase in paper form only in exceptional cases:

• purchases by customers abroad;
• requests for quotations for emergency medical care in an emergency or urgent form and normal life support of citizens;
• pre-selection of procurement participants or request for quotations for humanitarian assistance or aftermath emergencies natural or man-made;
• closed procurement methods;
• purchases from a supplier;
• purchases in accordance with government decisions.

Features of electronic procedures. E-procurement is carried out at the sites selected by the Government. Closed procedures will be held at specialized sites. Until the sites have been selected, electronic procurement will be carried out at the sites that are currently operating.

Participants will submit applications for e-procurement only through electronic platforms or specialized electronic platforms. From Law No. 44-FZ, provisions were excluded that relate to the possibility of submitting an application through the EIS.

One of the mandatory requirements of e-procurement is that the parties use an enhanced qualified electronic signature. You can get a signature in certification centers accredited by the Ministry of Telecom and Mass Communications. Until the end of 2018, the Treasury issues a qualified electronic signature.

What changed: Law No. 504-FZ.

Situation: is the customer entitled to make purchases at non-accredited ETPs after July 1, 2018

Yes, right. From July 1, 2018, e-procurement is the right, not the obligation of the customer. Only from January 1, 2019, all procedures must be carried out exclusively in electronic form. Procurement is carried out at sites accredited by the Government. The ETPs that are currently operating have not yet been accredited. The list of organizations that intend to become operators of electronic trading platforms was submitted to the Government by the Ministry of Finance only on July 6.

ETP will officially start working after they conclude an agreement with the Ministry of Finance and the FAS. The deadline for signing the agreement is October 1, 2018. Until that moment, customers have the right to conduct electronic procedures on the ETP, which are currently in effect. Marketplaces will operate according to the old rules, but carry out purchases according to the new ones, as follows from the version of Law No. 44-FZ of July 1. The position was stated by the Ministry of Finance in a letter dated 06/25/2018 No. 24-06-08 / 43650.

REMOVED THE PROHIBITION TO CHARGE FEE FROM THE SITES

Operators of electronic platforms will be able to take money for holding an electronic auction. Previously, the payment was prohibited. It was also forbidden to take money from the participants of the electronic auction for accreditation and participation in the purchase. The Government has the right to establish the procedure and amount of payment from July 1, 2018.

What changed: subparagraph "b" of paragraph 39 of Article 1 of Law No. 504-FZ.

What's changed: invalidated parts 5 and 6 of article 59 of Law No. 44-FZ.

THE RULES OF THE OPEN COMPETITION HAVE BEEN CHANGED

From Article 48 of Law No. 44-FZ, the phrase was removed that the customer conducts an open tender in all cases, except for exceptions. They also removed the rule that participants have the right to submit an application in the form electronic documents. Articles that mentioned applications in electronic form have also been adjusted.

Competitive application. Four major adjustments have been made to the application rules:

1. In the application, all participants indicate the postal address, and not just the legal entity, as it was before.
2. In the application, the participant submits the documents that are provided for by regulatory legal acts on the national regime. If the participant does not submit documents, the application is equated to an offer with foreign goods, works or services of foreign persons.
3. The participant indicates the country of origin of the goods only when the customer has established conditions, prohibitions, restrictions on the admission of foreign goods in the notice and documentation.
4. Each volume of the application must contain an inventory.

Consideration of the application. Added an article about the reasons for rejecting the competitive application. The application must be rejected if the participant does not provide the application security or if the refusal is provided for by the NLA within the framework of the national regime.

Suppose the customer did not attach documents to the application that confirm the benefits for the organizations of the penal system or the disabled. Then the application cannot be rejected.

protocols. The requirement was removed that the customer is obliged to attach the proposal of the participant on the object of procurement, the unit price, the name of the country of origin of the goods to the protocol for the consideration and evaluation of applications for a single application.

What changed: paragraphs 25–29 of Article 1 of Law No. 504-FZ.

What's changed: articles 48, 49, 51–54 of Law No. 44-FZ.

CHANGED THE RULES OF THE ELECTRONIC AUCTION

From July 1, 2018, the norms of Law No. 44-FZ, which regulate the document flow and the procedure for concluding a contract during an electronic auction, become invalid. This is due to the fact that now the law has a separate article on electronic procurement (Articles 24.1, 60 and 70 of Law No. 44-FZ).

Auction bid. The procedure for submitting an application for an auction has been adjusted. In the first part of the application, the participant agrees to supply goods, perform work, provide services on the terms of the documentation. They added that consent is submitted through an electronic platform. Let's say you buy goods or works and services for which the participant uses the goods. Then in the first part the participant prescribes:

• the country of origin of the goods, only if the customer applies the national regime;
• specific product indicators and trademark, if any. Information is included in the application if there is no trademark in the documentation or if the bidder offers a product with a trademark different from the trademark in the documentation.

In the second part, the postal address is indicated by all participants, and not just by the legal entity, as it was before. If in the second part the participant does not submit documents under the national regime, the application will be equated to an application with foreign goods, works, services of foreign persons.

The application no longer has a serial number, but an identification number. This number is assigned to the application and reported to the participant by the operator electronic platform. The identification number is indicated in the protocols. Amendments were made to Article 66 of Law No. 44-FZ

Consideration of the application. We have changed the deadline for the customer to consider the first parts of applications. Applications must be considered within one working day from the closing date for applications. The rule is valid when the NMTsK is less than 3 million rubles.

protocols. The Protocol on the consideration of the first parts will now include an additional condition - the presence among the proposals of participants of foreign goods, works or services of foreign persons. This information is written in the protocol when purchasing with a national regime.

Auction step. The step cannot be less than 100 rubles. The value of the decrease in the NMTsK remained the same - from 0.5 percent to 5 percent.

What changed: paragraphs 43–51 of Article 1 of Law No. 504-FZ.

What's changed: articles 63–71 of Law No. 44-FZ.

THE RULES FOR REQUESTING QUOTATIONS HAVE BEEN CHANGED

AT quotation order the participant writes the postal address. In addition to the offer on the price of the contract, you need to register the offer on the price of each item of goods. Also, as part of the application, the participant submits a declaration that it meets the requirements of paragraphs 3–9 of part 1 of article 31 of Law No. 44-FZ.

If the participant does not submit the documents that are provided for under the national regime, the application will be equated to an application with foreign goods, works, services of foreign persons.

The commission of the customer draws up the results of consideration and evaluation of applications in a protocol. The protocol additionally includes the names and characteristics of the goods supplied by the participants.

What changed: paragraphs 52–57 of Article 1 of Law No. 504-FZ.

What's changed: articles 73–78 of Law No. 44-FZ.

THE RULES FOR REQUESTING PROPOSALS HAVE BEEN CHANGED

From July 1, 2018, it is impossible to conduct a request for proposals when a repeated electronic auction has not taken place. The customer has the right to conduct a request for proposals only if a repeated tender has not taken place (clause 8, part 2, article 83 of Law No. 44-FZ).

Opening envelopes. Not only participants, but also representatives have the right to be present at the opening of envelopes. When the envelopes are opened, the commission announces the place, date and time of opening, name or full name, postal address of the participant. The commission announces whether there is information and documents that are provided for by the documentation, the conditions for the execution of the contract. The commission enters the listed information into the minutes of the request for proposals.

Consideration of applications. Added the reasons when the commission should remove the participant:

• the application does not respond to the notice;
• the participant provided false information;
• in cases that are provided for by regulatory legal acts on the national regime.

final offers. A rule was added that the final offer of the RFP participant cannot worsen the conditions from the application. If the participant breaks this rule, the customer rejects the final offer. In this case, the proposal from the application is considered final.

What changed: paragraph 61 of Article 1 of Law No. 504-FZ.

What's changed: article 83 of Law No. 44-FZ.

We expanded the list of cases when customers have the right to conduct closed purchases. From July 1, 2018, closed procedures have the right to conduct:

1. federal executive authorities with the functions of developing and implementing public policy in the field of defense, public administration in the field of ensuring the country's security;
2. state institutions, state unitary enterprises that are subordinate to customers from paragraph 1.

The list of bodies, institutions and enterprises is approved by the Government.

What changed: paragraph 64 of Article 1 of Law No. 504-FZ.

ADJUSTED PURCHASES FROM A SINGLE SUPPLIER

Clarified the list of purchases from the supplier. The customer has the right to conclude a contract with a single supplier when:

• the request for quotations for the purchase of goods, works, services for humanitarian assistance or emergency response was not held (clause 9, part 1, article 93 of Law No. 44-FZ);
• there are not enough products that were bought by request for quotations for humanitarian assistance or emergency response. The customer has the right to buy the missing volume from the supplier (clause 9, part 1, article 93 of Law No. 44-FZ);
• an open tender, a tender with limited participation and a two-stage tender in electronic form, a request for quotations and a request for proposals in electronic form did not take place. The only participant in such purchases is equated with the winner of the purchase (clauses 1, 25.2, 25.3, part 1, article 93 of Law No. 44-FZ).

Allowed not to place notices of purchases from a single supplier in the EIS federal authorities executive branch that perform functions in the field of defense, government departments in the field of ensuring the security of Russia, subordinate to them government agencies and unitary enterprises. The list of bodies, institutions and enterprises will be determined by the Government (part 2 of article 93 of Law No. 44-FZ).

What changed: paragraph 73 of Article 1 of Law No. 504-FZ.

What's changed: supplemented clause 9, added clauses 25.1, 25.2, 25.3 of part 1, changed part 2 of article 93 of Law No. 44-FZ.

Supplier selection

Customers will make one more requirement to the procurement participants. The size of the application security will depend on the NMCC, and it is necessary to require security when purchasing from 1 million rubles.

ADDITIONAL UNIFIED REQUIREMENTS FOR PARTICIPANTS

An item was added to the uniform requirements for procurement participants. Each supplier, performer or contractor must confirm that the law does not restrict him from participating in the procurement. The customer establishes the requirement in the notice and documentation.

What changed: subparagraph "a" of paragraph 13 of Article 1 of Law No. 504-FZ.

Article 42 of Law No. 44-FZ specifies what information should be included in a procurement notice. The list of information has been added. The notice must include:

• the specific part of Article 15 of Law No. 44-FZ - when you make a purchase in parts 4-6 of Article 15 of Law No. 44-FZ. If you are purchasing under parts 5 and 6 of article 15 of Law No. 44-FZ, attach copies of the contracts or agreements referred to in these parts to the notice;
• benefits for enterprises of the penal system and organizations of the disabled (parts 28 and 29 of Law No. 44-FZ);
• prohibitions, restrictions and conditions of admission;
• information on procurement under the state defense order.

What changed: paragraph 20 of Article 1 of Law No. 504-FZ.

What's changed: supplemented paragraph 3, added paragraphs 9–11 to Article 42 of Law No. 44-FZ.

Situation: should customers take into account the new norms of Law No. 44-FZ when they change the notice and documentation

No, it is not necessary to take into account the changes in this case. Documents that were published in the EIS before July 1, 2018 are valid, even if they do not comply with the new version of Law No. 44-FZ. The rule also applies when you make changes to the purchase documentation after July 1, 2018.

For example, an institution posted a notice and documentation of an open tender in the EIS on June 29, 2018. However, on July 3, 2018, the customer decided to change the tender documentation to clarify the procedure for evaluating applications. In the amendments, the institution is not obliged to take into account the changes in Law No. 44-FZ, which entered into force on July 1, 2018. The law does not have retroactive effect - new normative act should only be applied to relationships that arose after the adoption of the normative act. This is indicated in part 1 of Article 4 of the Civil Code and in the decision of the Constitutional Court dated April 22, 2014 No. 12-P.

THE RULES FOR SECURING APPLICATIONS HAVE BEEN CHANGED

State institutions - participants in the procurement should not provide security for the application. Also, the customer is not entitled to demand to secure the application when holding a tender or auction with the NMCC up to 1 million rubles. (Government Decree No. 439 dated April 12, 2018).

The size of the security at the NMCC is more than 1 million rubles. see table.

For the NSR and SONO, the preferential regime with security ceases to operate. As amended by Law No. 44-FZ, until July 1, the maximum amount of security for such participants is no more than 2 percent of the NMCC (part 15, article 44 of Law No. 44-FZ).

Participants will be able to provide a bid for the auction with a bank guarantee. But it will be possible to apply a bank guarantee in electronic procedures only from July 1, 2019. Until this time, the application is provided with money.

What changed: paragraphs 22, 23 of Article 1 of Law No. 504-FZ.

What's changed: reworded article 44, changed article 45 of Law No. 44-FZ.

Clarified WHEN TO ALLOCATE LOTS

The customer has the right to break the purchase into lots. This cannot be done only when conducting a request for quotations, a request for proposals, as well as electronic procurement - closed or open. Only paper tenders and a closed auction can be divided into lots.

When allocating lots, for each lot separately indicate:

• purchase object;
• NMTsK and its justification;
• the amount of the application security when the requirement was established;
• terms and other conditions of delivery of products.

The participant applies for a specific lot. The parties conclude a separate contract for each lot. The government has the right to determine the requirements for the formation of lots during procurement certain types goods, works, services.

What changed: subparagraph "b" of paragraph 9 of Article 1 of Law No. 504-FZ.

What's changed: set out in a new version part 6 of article 24 of Law No. 44-FZ.

Contract

We supplemented the mandatory information that must be included in the contract from July 1, 2018. Adjusted the rules for reporting on contracts.

ADDITIONED INFORMATION WHICH IS INCLUDED IN THE CONTRACT

The contract must include a condition according to which the customer will reduce the amount of payment for taxes, fees and other obligatory payments to the budget, when required by law. The rule is valid for individuals, individual entrepreneurs and legal entities that participate in the purchase.

The government has the right to establish the procedure in which the minimum period for the performance of the contract by the counterparty is determined.

What changed: subparagraph "c" of paragraph 15 of Article 1 of Law No. 504-FZ.

What's changed: part 13 of article 34 of Law No. 44-FZ.

THE RULES FOR AMENDING AND TERMINATION OF THE CONTRACT HAVE BEEN ADJUSTED

The requirement to publish in the EIS information about the change or termination of the contract on the next day after the contract was changed or terminated was canceled. The changes will take effect July 1, 2018.

What changed: paragraph 75 of Article 1 of Law No. 504-FZ.

What's changed: canceled part 26 of article 95 of Law No. 44-FZ.

THE RULES OF REPORTING UNDER THE CONTRACT HAVE BEEN CHANGED

Changed the order in which the report on the stages of execution of the contract is prepared. Write a report in two cases:

1. The contract was concluded for construction, reconstruction, overhaul of capital construction facilities, and for the preservation of cultural heritage sites.
2. The contract price exceeds 1 billion rubles.

What changed: paragraph 74 of Article 1 of Law No. 504-FZ.

What's changed: Part 9 of Article 94 of Law No. 44-FZ.

Situation: should customers generate reports on the execution of contract stages after July 1, 2018

Yes, generate reports, but only for contracts that you already report on. If you publish a new report, then report for the stage of the contract in two cases:

• the contract was concluded for construction, reconstruction, overhaul of capital construction facilities, for the preservation of cultural heritage sites;
• the price of the contract exceeds 1 billion rubles.

This is stated in part 9 of article 94 of Law No. 44-FZ.

The obligation of the customer to generate reports on the execution of stages of contracts was canceled from July 1, 2018 by paragraph 78 of Article 1 of Federal Law No. 504-FZ of December 31, 2017. However, the amendments to Law No. 44-FZ did not specify whether this rule applies to contracts that were concluded earlier and for which reports are already being generated. In addition, as amended by Law No. 44-FZ of July 1, 2018, there is no prohibition to publish information on the execution of contract stages. Therefore, it is more expedient to post reports on a monthly basis if you started keeping a report before July 1, 2018. In this case, the control authorities will not have any claims.

INCREASED THE TERMS FOR THE REGISTER OF CONTRACTS

We have increased the period in which the customer sends information about the contract to the register of contracts. From July 1, 2018, customers have the right to send such information to the register within five working days, and not three, as before.

What changed: paragraph 78 of Article 1 of Law No. 504-FZ.

What's changed:

AMENDED THE RNP RULES

We have changed the rules by which information is sent to the register of unscrupulous suppliers. If the deal is evaded sole member failed competitive procurement, send the information to the RNP within three working days. The term is counted from the date when the participant was recognized as evading. Previously, information was sent within five working days from the date when the contract was signed.

What changed: paragraph 79 of Article 1 of Law No. 504-FZ.

What's changed: part 3 of article 103 of Law No. 44-FZ.

Control and appeal

From the Law No. 44-FZ, some of the information that the controllers check was excluded. We expanded the list of procedures that the procurement participant has the right to appeal.

SIMPLIFIED CONTROL

Treasury, financial control bodies of regions and municipalities, government agencies off-budget funds they will not verify the information in the procurement protocols and procurement documentation from July 1, 2018.

What changed: paragraph 77 of Article 1 of Law No. 504-FZ.

What's changed: clause 2 of part 5 of article 99 of Law No. 44-FZ.

CHANGED THE ORDER OF APPEAL

Changed the rules by which you can appeal the actions of the customer. The participant has the right to file a complaint in paper procedures, including in the request for quotations, at any time from the date when the customer published a notice or sent invitations to a closed purchase. Previously, the period was counted from the date of publication of the procurement plan in the EIS and only the provisions of the documentation were appealed.

We expanded the list of electronic procedures, including closed ones, according to which the participant has the right to appeal against the actions of the customer. Added:

• open and closed competition in electronic form;
• a competition with limited participation in electronic form, including a closed one;
• a two-stage competition in electronic form, including a closed one;
• closed auction in electronic form;
• request for quotations in electronic form;
• request for proposals in electronic form.

What changed: paragraph 81 of Article 1 of Law No. 504-FZ.

What's changed: part 4 of article 105 of Law No. 44-FZ.

Terminology

New definitions were introduced into Law No. 44-FZ: electronic site, operator of an electronic site, specialized electronic site, operator of a specialized electronic site. The terms define the requirements for the organizational and legal form of the operator, the share of foreign participation, information security of the functioning of software and hardware.

The concept of the refinancing rate was replaced by the key rate of the Central Bank. Unqualified signature replaced by a qualified one.

What changed: paragraph 2, subparagraph "a" of paragraph 3, paragraph 4 of Article 1 of Law No. 504-FZ.

What changes in 44-FZ to take into account from 2019

Part of the amendments to Law No. 44-FZ, which were introduced by Federal Law No. 504-FZ of December 31, 2017, will come into force in 2019. Participants will be required to register with the EIS. The state information system will work in the unified information system and on the electronic platform.

Attention: From January 1, 2019, customers are required to purchase products only by electronic procedures

PARTICIPANTS MUST REGISTER WITH ENI

Potential procurement participants must register with the EIS. Then, within one day, information about participants gets to all electronic platforms that were selected for procurement under Law No. 44-FZ. The participant is registered in the EIS and accredited at the site for three years. It will be possible to re-register no earlier than six months before the expiration of the registration period. Four months in advance, the system will notify the supplier that the deadline is expiring. Three months before the end of the registration period, a participant who has not re-registered will not be able to submit applications.

Participants who register in the EIS will be included in the register of suppliers. The register will be kept in the EIS from January 1, 2019.

Terms of accreditation for ES

What changed: subparagraph "b" of paragraph 3, paragraph 11 of Article 1 of Law No. 504-FZ.

Situation: should the supplier in 2018 register with the EIS if it has previously been accredited on electronic platforms

No, it shouldn't. The supplier to participate in the electronic procedures in 2018 does not have to be registered in the EIS. However, from January 2019, in order to take part in electronic procedures, participants previously accredited on electronic platforms are required to register with the EIS.

From July 1, 2018, customers have the right to conduct an open tender, a tender with limited participation, a two-stage tender, a request for proposals, a request for quotations in electronic form. Customers will carry out such purchases on electronic platforms, which will be selected by the Government. Prior to the start of the functioning of the electronic platforms determined by the Government, the customer will carry out purchases in electronic form at previously selected sites. You do not need to register with the EIS to work on such sites until January 1, 2019. The conclusion follows from paragraph 84 of Article 1 of Federal Law No. 504-FZ of December 31, 2017 and Article 24.2 of Law No. 44-FZ.

WILL CREATE ANOTHER INFORMATION SYSTEM

A new state information system will be launched in the EIS and on electronic platforms. The system is needed to monitor and record the actions and inaction of participants and customers. The task of the system, among other things, is to monitor the performance of the UIS and the electronic platform. In real time, the system will record the actions, inaction of participants and customers in the EIS and on the electronic platform, and conduct video recording.

Who will be responsible for the operation of the new system will be determined by the Government. The system will start working from October 1, 2019.

What changed: subparagraph "e" of paragraph 3 of Article 1 of Law No. 504-FZ.

What changes to take into account in 223-FZ from July 1

Changes that will affect the work of customers under Law No. 223-FZ were made to the law itself and to by-laws. What will change in the work of customers under Law No. 223-FZ from July 1, 2018, see the table.

The bulk of the amendments to Law No. 223-FZ were made by Federal Law No. 505-FZ of December 31, 2017.

Procurement methods

The two main changes were to expand the list of competitive purchases and establish rules for electronic purchases. Read more about innovations.

To competition and auction added request for proposals and request for quotations. These methods of competitive procurement are called bidding. The customer has the right to conduct all competitive methods on the electronic platform, as well as in a closed form. The list is not exhaustive - the customer has the right to write in the procurement regulation other methods in addition to the four established by Law No. 223-FZ.

The procurement is competitive if the customer simultaneously complies with three conditions:

1. Publishes procurement information in the EIS or sends invitations to potential participants.
2. Provides competition for the right to conclude a contract based on the results of the purchase.
3. Describes the subject of the procurement, taking into account the requirements listed below.

Customers choose the methods of non-competitive purchases independently, including purchase from a single supplier.

What changed: subparagraphs "a" - "d" of paragraph 3 of Article 3 of Law No. 505.

What's changed: Parts 2 and 3 of Article 3 of Law No. 223-FZ added parts 3.1 and 3.2 to Article 3 of Law No. 223-FZ.

DETERMINED THE ORDER OF COMPETITIVE PURCHASES

In order to conduct a competitive purchase, the customer publishes a notice and documentation in the EIS. There is no need to publish documentation when requesting quotations. The customer prescribes the requirements for the bids of participants in the documentation, and when requesting quotations - in the notice.

Applicants are entitled to submit only one application, and in case of a multi-lot purchase - one application for each lot. Before the customer completes the acceptance of applications, the participant has the right to change or withdraw the application.

Any participant has the right to ask for clarification of the notice and documentation. It is necessary to publish the response in the EIS within three working days from the date the request was received. The customer has the right not to respond to requests received later than three working days before the deadline for submitting applications. It is impossible to change the essence of the documentation with clarifications.

The customer has the right to cancel the purchase before it completes accepting bids. The decision to cancel must be published in the EIS.

To select a supplier, the customer creates a purchasing commission. Procurement records must be kept for at least three years.

What changed:

HAVE ESTABLISHED REQUIREMENTS FOR PURCHASING FROM A SUPPLIER

Customers will publish information about the purchase from the single supplier in the EIS only if they provide for such an obligation in the procurement regulation. Also in the regulation it is necessary to write the procedure for such a purchase and a complete list of cases when the customer has the right to conclude a contract with the supplier. A recommendation will help to conduct purchases from a single supplier and other non-competitive procedures.

What changed: paragraph 8 of Article 3 of Law No. 505-FZ.

DESCRIBED THE PROCEDURE OF PURCHASING IN ELECTRONIC FORM

With e-procurement, the entire document flow will take place on electronic platforms. Through the EP, participants will submit applications, send requests for clarifications to the documentation, and customers will publish clarifications in the EIS, gain access to applications, and form draft protocols. The operation of the electronic platform will be provided by the operator. The documents are signed by the customer, participant and operator of the electronic site with an enhanced qualified electronic signature. To participate in the procurement, the participant will be accredited to the EP.

To change or withdraw the application, the participant sends a notification to the operator of the electronic platform. This can be done no later than the date on which the acceptance of applications ends.

What changed: paragraph 5 of Article 3 of Law No. 505-FZ.

REGULATED CLOSED PURCHASES

Customers have the right to conduct any competitive procurement by a closed method. A closed form is chosen if the procurement information is a state secret or the information is not published in the EIS by decision of the Government or the Government's coordinating body for procurement within investment projects.

Information about a closed procurement is not published in the EIS. The customer sends invitations to participate in the procurement to at least two possible participants. The participant submits the application in a sealed envelope. How to conduct closed purchases in electronic form, the Government will determine.

What changed: paragraph 7 of Article 3 of Law No. 505-FZ.

Supplier selection

Customers will be required to describe the subject of the purchase according to the rules. The terms for the publication of the notice were tied to the methods of procurement. What else has changed, read on.

THE RULES FOR DESCRIPTION OF THE SUBJECT OF PROCUREMENT WERE APPROVED

Customers will describe the object of procurement according to the rules that are similar to the provisions of Law No. 44-FZ. It is necessary to write functional, technical, qualitative and performance characteristics product, work or service.

It will not be possible to indicate trademarks, service marks, trade names, patents, utility models, industrial designs, country of origin of goods. Exception - there is no other way to accurately describe the product. In this case, the phrase "or equivalent" must be used. It is not necessary to indicate equivalence in cases where the customer buys:

• goods and it is necessary to ensure compatibility with the goods that the customer already has;
• spare parts for machines and equipment that the customer already has;
• goods in order to fulfill a contract under Law No. 44-FZ;
• goods, works or services under international agreements or contracts of customers under Law No. 223-FZ, which provide for specific brands of goods.

What changed: subparagraph "h" of paragraph 3 of Article 3 of Law No. 505-FZ.

HAVE CHANGED THE RULES FOR NWDC

The initial (maximum) price of the contract in the notice and documentation, the customers will indicate in one of three ways:

1. initial (maximum) contract price (NMTsD);
2. price formula and the maximum value of the contract price;
3. the price of a unit of goods, work or service and the maximum value of the price of the contract.

What changed:

What's changed:

HAVE ESTABLISHED REQUIREMENTS FOR SECURING APPLICATIONS

If the customer requires to secure the application, then the conditions must be written in the notice and documentation. How to secure the application, the customer will prescribe in the procurement regulations. This can be a cash deposit, a bank guarantee and other ways to Civil Code. The participant himself chooses a method from those established by the customer.

In addition to a bank guarantee and a pledge, it is possible to secure obligations with a penalty, retention of a thing, a surety, a deposit, a security deposit or in another way (clause 1 of article 329 of the Civil Code).

The customer has the right to establish security if the initial (maximum) price of the contract exceeds 5 million rubles. The size of the bid security shall not exceed 5 percent of NWDC.

The customer will not return the security if the winner of the purchase does not conclude an agreement or does not provide the security of the agreement (if it is provided for in the notice).

What changed: paragraph 4 of Article 3 of Law No. 505-FZ.

THE INFORMATION IN THE NOTICE AND DOCUMENTATION IS CHANGED

To the information that the customer will be required to indicate in the notice from July 1, 2018, they added:

• address of the electronic platform for competitive procurement;
• the time and procedure for submitting purchase applications;
• the order in which the customer summarizes the results of the procurement (procurement stages);
• description of the procurement object in accordance with the rules described above.

Changed the content of the documentation. Customers will additionally indicate:

• requirements for participants and subcontractors in the procurement of works for the design, construction, modernization and repair of especially dangerous, technically complex capital construction facilities and products related to the use of nuclear energy;
• description of the subject of procurement in accordance with the rules described above.

In addition, the notice and documentation must include the rules for calculating NMTsD.

Will change the order in which amendments are made to the notice and documentation. If the customer changes the notice and documentation, it is necessary that after the publication of the amendments, at least half of the deadline for submitting bids according to the procurement regulations must remain. Let's say they published a notice of an auction on July 2. Applications are accepted for 15 calendar days, that is, until July 18. On the 16th the documentation was changed. It is necessary to extend the period by at least 8 calendar days, that is, until July 26.

What changed: subparagraphs "e" and "g" of paragraph 9 of Article 3 of Law No. 505-FZ.

What's changed: parts 9 and 10 of article 4 of Law No. 223-FZ.

THE TERMS OF PUBLICATION OF NOTIFICATIONS HAVE BEEN CHANGED

The terms in which customers will publish a notice in the EIS depend on the method of procurement. It is necessary to count the period from the date of publication of the notice to the date when you complete accepting applications, and when requesting proposals - when you make a request. The terms for purchases from SMEs and for purchases on a general basis are different.

Now the customer must give participants at least 20 calendar days to submit applications. The rule is valid only for the contest and auction. The terms for competitive purchases, which are not bidding, are set by the customer in the regulation (part 2 of article 3 of Law No. 223-FZ).

What changed: paragraphs 4 and 6 of Article 3 of Law No. 505-FZ.

ESTABLISHED REQUIREMENTS FOR THE CONTENT OF PROTOCOLS

Customers will draw up two types of protocols: for each stage of the procurement and for the results of supplier selection (final protocol).

See the table for information to be included in the protocols.

What changed: paragraph 4 of Article 3 of Law No. 505-FZ.

DETERMINED THE PROCEDURE FOR CONCLUDING THE AGREEMENT

The parties will conclude an agreement no earlier than 10 and no later than 20 calendar days from the date when the customer published the final protocol in the EIS. Another period applies if the participant has appealed the purchase to the FAS or if the customer needs the approval of the governing body. In this case, the parties sign the contract no later than five working days from the date when the customer received approval or the antimonopoly body made a decision.

Based on the results of competitive procurement, the customer will be able to conclude contracts with several participants in the cases provided for in the procurement regulations. For example, a contract with several contractors for research and development.

What changed: paragraph 4 of Article 3 of Law No. 505-FZ.

Rules for purchasing from SMEs

Purchases among small and medium-sized businesses will be carried out by customers only in electronic form. When purchasing from SMEs, the customer has the right to hold a tender in stages, at which:

• discuss with the participants the characteristics of the products in order to clarify them;
• will discuss the proposals of the participants in order to clarify the characteristics of the products;
• review and evaluate applications;
• will conduct a qualifying selection;
• compare additional price offers of participants.

If the customer includes stages, he is obliged to follow the sequence described above. The time frame for each stage should be described in the documentation. Each stage can be included in the purchase only once.

In the auction and in the request for proposals, the customer has the right to include the stage of qualification selection, the terms of which must be written in the documentation. When requesting quotations, customers will not conduct a qualifying selection.

The participant has the right to provide security for the application in the form of a cash deposit or a bank guarantee. Other forms of security for procurement among SMEs are not provided. At the same time, the applicant does not deposit money into the account of the customer, but into a special account, which he opens in a bank from the list of the Ministry of Finance.

Applications for tender, auction and request for proposals will consist of two parts and a price offer. In the first part, the SME describes the products. In the second, he indicates information about himself, describes the consumer properties of the product, and gives other conditions for the execution of the contract.

customer agreement and SME entity will conclude on the electronic platform. The winner has the right to send the protocol of disagreements to the customer - also through the electronic platform.

What changed: paragraph 6 of Article 3 of Law No. 505-FZ.

Work procedure according to 44-FZ

Customers who have not fulfilled their purchase obligations from SMEs work under Law No. 44-FZ. From July 1, violators will not apply all the provisions of Law No. 44-FZ, but only:

• justify the price of the contract;
• choose the method of purchase;
• purchase goods, works and services from SMP and SONO;
• make demands on participants;
• evaluate applications;
• create a purchasing commission;
• choose a supplier;
• send information about participants to the FAS for inclusion in the register of unscrupulous suppliers;
• conclude contracts with suppliers in accordance with the rules of part 1 of article 93 of Law No. 44-FZ.

The customer works according to Law No. 44-FZ, if he did not fulfill the obligation to purchase products from SMEs in the amount determined by the Government, did not publish a report on procurement from SMEs in the EIS, or published an unreliable report. Similar rules for working under Law No. 44-FZ from December 31, 2017 are valid for customers who have not approved and published the procurement regulation in the EIS.

What changed: subparagraph "k" of paragraph 3 of Article 3 of Law No. 505-FZ.

What's changed: part 8.1 of article 3 of Law No. 223-FZ.

Requirements for operators of an electronic platform

The operation of the electronic platform will be provided by the operator. An EP operator can only be entity in the form of a society limited liability or non-public joint stock company. In the authorized capital of a legal entity, the share of foreign citizens or stateless persons, foreign legal entities should not exceed 25 percent. The operator must own the electronic platform, including the equipment and programs necessary for the operation of the ES.

The operator of the electronic platform ensures the secrecy of the documents that it receives from the participant and transfers to the customer. Negotiations between the customer and the operator of the electronic platform are prohibited, but only if such negotiations create advantages for any of the participants or confidential information is disclosed.

The requirements for site operators when purchasing from SMEs are different. Such sites will operate in accordance with the rules of Law No. 44-FZ, subject to additional requirements to be established by the Government. Now there are six sites, but the exact list will be determined by the Government.

What changed: paragraphs 5 and 6 of Article 3 of Law No. 505-FZ.

Procurement reporting

From July 1, 2018, there is no need to publish monthly reports on purchases from small and medium-sized businesses. In the UIS, customers post information on the number and cost of contracts based on the results of all purchases, purchases from a single supplier, as well as contracts with a single supplier based on the results of a failed purchase.

What changed: subparagraph "m" of paragraph 9 of Article 3 of Law No. 505-FZ.

What's changed: part 19 of article 4 of Law No. 223-FZ.

The procedure for judicial appeal

The participant has the right to appeal in court any actions of the customer. The SME Corporation, regional governments and organizations created by them will be able to file a complaint only if the customer:

• conducts procurement in violation of Law No. 223-FZ or the procurement regulation;
• made requirements to the participants that were not provided for by the procurement documentation;
• did not approve and did not publish the procurement regulation in the EIS and did not conduct the procurement in accordance with the rules of Law No. 44-FZ;
• did not publish the annual report on procurement from SMEs in the EIS or posted false information.

The SME Corporation, regional authorities and organizations created by them can only file a complaint against customers who are assessed and monitored. Now there is only one restriction - you can appeal against the actions of the customer in relation to the SME.

They will introduce a new basis for a complaint to the FAS - a violation of Law No. 223-FZ by an operator of an electronic platform. Only the procurement participant is entitled to apply to the antimonopoly body on this basis.

What changed: subparagraph "l" of paragraph 3 of Article 3 of Law No. 505-FZ.

What's changed: part 9 of article 3 of Law No. 223-FZ.

Purchases for investment projects

The new procurement rules for investment projects are subject to the simultaneous observance of two conditions:

1. The customer implements an investment project with state support, while the project included a list of investment projects.
2. Price investment project is at least 500 million rubles.

The rule will not apply to the following customers:

• state corporations;
• state companies;

The government will be given the right to oblige a legal entity to publish lists of promising needs for engineering products. At the same time, the customer has the right to buy products from the list only after he provides information to the coordinating body of the Government.

What changed: paragraph 2 of Article 1 of Law No. 496-FZ.

What's changed: Article 3.1 of Law No. 223-FZ.

Procurement with approved NWDC

The government will establish lists of goods with the initial (maximum) price of the contract. If the customer has planned a higher price, then he must coordinate the purchase with the coordinating body of the Government. Purchasing, in agreement with the coordinating body, it is also necessary to purchase works, services and rent if the counterparty will use goods from the list.

The rules will apply to the following customers:

• state corporations;
• state companies;
• economic companies, in the authorized capital of which the share of the state participation exceeds 50 percent;
• child business companies, in the authorized capital of which more than 50 percent belongs to the listed legal entities.

What changed: paragraph 3 of Article 1 of Law No. 496-FZ.

© Material from Help system"Government order"

From July 1, 2018, amendments to Law No. 44-FZ, which were introduced by Federal Law No. 504-FZ of December 31, 2017, come into force.

Planning

Changed the deadlines for making changes to the schedule. From July 1, 2018, a reduced deadline applies for some cases. The rationing rules will be used by two state corporations.

Reduced the term for the plan - garfika

As a general rule, the customer makes changes to the schedule and only after 10 calendar days has the right to place a notice of purchase in the EIS or send an invitation to a closed purchase. Exceptions were introduced for the rule - the period was reduced to one calendar day for purchases:

The notice must be published not earlier than the placement of the amendments to the schedule in the unified information system in accordance with part 15 of this article. (Part 14 of Article 21 of Law No. 44-FZ)


Rationing rules began to be applied at the State Corporation

The rationing rules established by the Government will be applied by the state corporations Rosatom, Roskosmos, as well as the most significant institutions of science, education, culture and healthcare. The most significant institutions are determined by the Budget Code.

Rosatom and Roskosmos will approve the requirements for certain types of goods, works, services, including marginal prices for products and standard costs for providing functions. We are talking about the purchases of state corporations themselves and organizations subordinate to them (parts 4.1, 7 in article 19 of Law No. 44-FZ).

Notice

Procurement methods

From July 1, 2018, customers are entitled to apply new electronic forms of procedures, and from January 1, 2019, they are obliged to purchase products only by electronic procedures. It is impossible to conduct an open tender, a tender with limited participation, a two-stage tender, a request for quotations, a request for proposals in a non-electronic form from January 1, 2019.
It is possible to purchase in paper form only in exceptional cases:

1. purchases by customers abroad;
2. requests for quotations for emergency medical care in an emergency or urgent form and normal life support of citizens;
3. preliminary selection of procurement participants or request for quotations for humanitarian assistance or elimination of the consequences of natural or man-made emergencies;
4. closed procurement methods;
5. purchases from a supplier;
6. purchases in accordance with government decisions.

New rules for electronic procedures.

1. E-procurement is carried out at the sites selected by the Government.
2. Closed procedures will be held at specialized sites.
3. Until the sites have been selected, electronic procurement will be carried out at the sites that are currently operating.
4. Participants will submit applications for e-procurement only through electronic platforms or specialized electronic platforms.
5. From Law No. 44-FZ, provisions were excluded that relate to the possibility of submitting an application through the EIS.
6. One of the mandatory requirements of e-procurement is that the parties use an enhanced qualified electronic signature. You can get a signature in certification centers accredited by the Ministry of Telecom and Mass Communications. Until the end of 2018, the Treasury issues a qualified electronic signature.
7. Operators of electronic platforms will be able to take money for holding an electronic auction. Previously, the payment was prohibited. It was also forbidden to take money from the participants of the electronic auction for accreditation and participation in the purchase. The Government has the right to establish the procedure and amount of payment from July 1, 2018.

Major changes in the open competition.

The phrase that the customer conducts an open tender in all cases, except for exceptions, was removed from Article 48 of Law No. 44-FZ.

Competitive application:

1. In the application, all participants indicate the postal address, and not just the legal entity, as it was before.
2. In the application, the participant submits the documents that are provided for by regulatory legal acts on the national regime. If the participant does not submit documents, the application is equated to an offer with foreign goods, works or services of foreign persons.
3. The participant indicates the country of origin of the goods only when the customer has established conditions, prohibitions, restrictions on the admission of foreign goods in the notice and documentation.
4. Each volume of the application must contain an inventory.

Application review:

protocols.

Main changes in the electronic auction

Auction bid.

• the country of origin of the goods, only if the customer has established a national regime;
• specific product indicators and trademark, if any. Information is included in the application if there is no trademark in the documentation or if the bidder offers a product with a trademark different from the trademark in the documentation.

• The postal address is indicated by all participants, and not just the legal entity, as it was before.
• If in the second part the participant does not submit documents under the national regime, the application will be equated to an application with foreign goods, works, services of foreign persons.

Consideration of the application.

We have changed the deadline for the customer to consider the first parts of applications. The term for consideration of the first parts of applications for participation in an electronic auction may not exceed seven days from the deadline for filing these applications, and if the initial (maximum) price of the contract does not exceed three million rubles, such a period may not exceed one business day from the date deadline for the submission of said applications.

protocols.

Auction step.

Major Changes in Request for Quotations

Quoted order

• In the quotation bid, the participant indicates:
• mailing address
• contract price proposal, and it is also necessary to register a price proposal for each item of goods
• declaration of compliance with the requirements of paragraphs 3-9 of part 1 of article 31 of Law No. 44-FZ
• if national treatment is established in the procurement, the participant provides documents on the conformity of the goods. If such documents are not provided, then the application will be equated to an application with foreign goods, works, services of foreign persons.

Protocol

Main changes in the request for proposals

Opening envelopes.

• place,
• date and time of opening,
• name or full name,
• member's mailing address.

Consideration of applications.

• the application does not respond to the notice;
• the participant provided false information;
• in cases provided for by regulatory legal acts on the national regime.

final offers.

Major Changes in Closed Procurement

1. federal executive bodies with the functions of developing and implementing state policy in the field of defense, state administration in the field of ensuring the country's security;
2. state institutions, state unitary enterprises that are subordinate to customers from paragraph 1.

Main changes in purchasing from a single supplier

• the request for quotations for the purchase of goods, works, services for humanitarian assistance or emergency response was not held (clause 9, part 1, article 93 of Law No. 44-FZ);
• there are not enough products that were bought by request for quotations for humanitarian assistance or emergency response. The customer has the right to buy the missing volume from the supplier (clause 9, part 1, article 93 of Law No. 44-FZ);
• an open tender, a tender with limited participation and a two-stage tender in electronic form, a request for quotations and a request for proposals in electronic form did not take place. The only participant in such purchases is equated to the winner of the purchase (clauses 25.1, 25.2, 25.3, part 1, article 93 of Law No. 44-FZ).

Purchasing

New requirements for procurement participants

The notice supplemented the list of information required to be indicated

• the specific part of Article 15 of Law No. 44-FZ - when you make a purchase in parts 4-6 of Article 15 of Law No. 44-FZ. If you are purchasing under parts 5 and 6 of article 15 of Law No. 44-FZ, attach copies of the contracts or agreements referred to in these parts to the notice;
• benefits for enterprises of the penal system and organizations of the disabled (parts 28 and 29 of Law No. 44-FZ);
• prohibitions, restrictions and conditions of admission;
• information on procurement under the state defense order.

Securing Applications Application security is not set:

• the customer is not entitled to demand to secure the application when holding a tender or auction with the NMCC up to 1 million rubles.
• state-owned institutions, if they are participants in the procurement, are exempted from securing the application.

Cases when it is necessary to allocate lots in the purchase

• purchase object;
• NMTsK and its justification;
• the amount of the application security when the requirement was established;
• terms and other conditions of delivery of products.

Information to be included in the contract

We supplemented the mandatory information that must be included in the contract from July 1, 2018. Adjusted the rules for reporting on contracts.

Contract The participant applies for a specific lot. The parties conclude a separate contract for each lot.
The government has the right to determine the requirements for the formation of lots when purchasing certain types of goods, works, services.

Entering information into the register of unscrupulous suppliers

• The contract must include a condition according to which the customer will reduce the amount of payment for taxes, fees and other obligatory payments to the budget, when required by law. The rule is valid for individuals, individual entrepreneurs and legal entities that participate in the purchase.
• The government has the right to establish the procedure in which the minimum period for the performance of the contract by the counterparty is determined.

Increased the term for posting information in the register of contracts

Rules for changing and terminating the contract

Contract reporting

Control and appeal

Appeal procedure from 01 July 2018

• open and closed competition in electronic form;
• a competition with limited participation in electronic form, including a closed one;
• a two-stage competition in electronic form, including a closed one;
• closed auction in electronic form;
• request for quotations in electronic form;
• request for proposals in electronic form.

Changes in 44-FZ since 2019

New terms

• From January 1, 2019, customers are required to purchase products only by electronic procedures
• Participants will be required to register with the EIS.
• The state information system will work in the unified information system and on the electronic platform.

Participants must register in the Unified Information System

Procurement participants must register with the EIS. Then, within one day, information about participants gets to all electronic platforms that were selected for procurement under Law No. 44-FZ. The participant is registered in the EIS and accredited at the site for three years. It will be possible to re-register no earlier than six months before the expiration of the registration period. Four months in advance, the system will notify the supplier that the deadline is expiring. Three months before the end of the registration period, a participant who has not re-registered will not be able to submit applications.
Participants who register in the EIS will be included in the register of suppliers. The register will be kept in the EIS from January 1, 2019.

Terms of accreditation for ES

New information system

Changes to 223-FZ from July 1

Procurement methods

ADDED COMPETITIVE PURCHASING

1. Publishes procurement information in the EIS or sends invitations to potential participants.
2. Provides competition for the right to conclude a contract based on the results of the purchase.
3. Describes the subject of the procurement, taking into account the requirements listed below.

DETERMINED THE ORDER OF COMPETITIVE PURCHASES

HAVE ESTABLISHED REQUIREMENTS FOR PURCHASING FROM A SUPPLIER

DESCRIBED THE PROCEDURE OF PURCHASING IN ELECTRONIC FORM

REGULATED CLOSED PURCHASES

Supplier selection

THE RULES FOR DESCRIPTION OF THE SUBJECT OF PROCUREMENT WERE APPROVED

• goods and it is necessary to ensure compatibility with the goods that the customer already has;
• spare parts for machines and equipment that the customer already has;
• goods in order to fulfill a contract under Law No. 44-FZ;
• goods, works or services under international agreements or contracts of customers under Law No. 223-FZ, which provide for specific brands of goods.

HAVE CHANGED THE RULES FOR NWDC

1. initial (maximum) contract price (NMTsD);
2. price formula and the maximum value of the contract price;
3. the price of a unit of goods, work or service and the maximum value of the price of the contract.

HAVE ESTABLISHED REQUIREMENTS FOR SECURING APPLICATIONS

THE INFORMATION IN THE NOTICE AND DOCUMENTATION IS CHANGED

• address of the electronic platform for competitive procurement;
• the time and procedure for submitting purchase applications;
• the order in which the customer summarizes the results of the procurement (procurement stages);
• description of the procurement object in accordance with the rules described above.

• requirements for participants and subcontractors in the procurement of works for the design, construction, modernization and repair of especially dangerous, technically complex capital construction facilities and products related to the use of nuclear energy;
• description of the subject of procurement in accordance with the rules described above.

THE TERMS OF PUBLICATION OF NOTIFICATIONS HAVE BEEN CHANGED

ESTABLISHED REQUIREMENTS FOR THE CONTENT OF PROTOCOLS

DETERMINED THE PROCEDURE FOR CONCLUDING THE AGREEMENT

Rules for purchasing from SMEs

• discuss with the participants the characteristics of the products in order to clarify them;
• will discuss the proposals of the participants in order to clarify the characteristics of the products;
• review and evaluate applications;
• will conduct a qualifying selection;
• compare additional price offers of participants.

Work procedure according to 44-FZ

• justify the price of the contract;
• choose the method of purchase;
• purchase goods, works and services from SMP and SONO;
• make demands on participants;
• evaluate applications;
• create a purchasing commission;
• choose a supplier;
• send information about participants to the FAS for inclusion in the register of unscrupulous suppliers;
• conclude contracts with suppliers in accordance with the rules of part 1 of article 93 of Law No. 44-FZ.

Requirements for operators of an electronic platform

Procurement reporting From July 1, 2018, there is no need to publish monthly reports on purchases from small and medium-sized businesses. In the UIS, customers post information on the number and cost of contracts based on the results of all purchases, purchases from a single supplier, as well as contracts with a single supplier based on the results of a failed purchase.

The procedure for judicial appeal

• conducts procurement in violation of Law No. 223-FZ or the procurement regulation;
• made requirements to the participants that were not provided for by the procurement documentation;
• did not approve and did not publish the procurement regulation in the EIS and did not conduct the procurement in accordance with the rules of Law No. 44-FZ;
• did not publish the annual report on procurement from SMEs in the EIS or posted false information.

Purchases for investment projects

1. The customer implements an investment project with state support, while the project is included in the list of investment projects.
2. The cost of the investment project is at least 500 million rubles.

• state corporations;
• state companies;