Competitive and non-competitive ways to determine the contractor under the state and municipal contract. Methods for determining suppliers The procedure for determining a supplier according to 44 fz

Procurement methods are a mechanism for selecting a supplier for the execution of a government contract. This choice is both competitive and non-competitive. Let's figure out how they differ from each other and how to choose the right one.

Procurement methods under 44-FZ

To begin with, we will analyze the methods of procurement under 44-FZ, the table clearly shows all the possible options.

Competitive procurement methods under 44-FZ

Non-competitive procurement methods

There is only one subspecies - purchase from sole supplier. In this case, the contract is concluded without the procedure for selecting the winner, in accordance with Art. 93 of the Law on the contract system. The list of cases is closed, as of 2020 there are 55 grounds.

Examples are:

• acquisition of services in monopoly companies;
• "direct" contracts;
• elimination of accidents;
• buying medicines;
• recognition of competitive procedures as invalid.

Methods for determining the supplier according to 223-FZ

In this case, the customer has the right to establish in the provision other methods for choosing the contractor. Examples can be a reduction (up auction), multi-lot auctions, and others. At the same time, the customer prescribes all the conditions for the procedure, from the grounds to the options for the development of events in the event that it is declared invalid.

As for non-competitive methods, then, unlike 44-FZ, there is no list. Separate types legal entities independently determine this method. The customer is limited only by the rules on protection of competition.

With the beginning of the procedure for justifying public procurement (GD dated June 5, 2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule. Columns No. 8 and 9 are introduced in the accompanying form of the schedule, in which the customer includes information on the method for determining the supplier (contractor, performer) and the reasons for such a choice.

The need to substantiate is provided for by Art. 18 of the Law on the contract system (44-FZ). The bottom line is that it is necessary to show on what basis this or that procedure is chosen, and that the decision meets the requirements of the law. Authorities have been established to audit and control this function. During their verification, the purchase may be recognized as unreasonable.

Initially, the obligation to justify the chosen method of determining the supplier (contractor, performer) caused many questions among the organizers. There were no clear requirements for completing this column. Therefore, it is worth considering this issue in more detail.

Criteria for choosing a procurement method

The justification for choosing a supplier is a consequence of the correct selection of the method of carrying out the procedure.

Criteria for choosing a procurement method:

• subject and conditions of the contract;
• parameters for determining the winner;
• optimal timing.

In some cases, the method is based on the requirements established in 44-FZ.

Justification of the chosen method of determining the supplier: electronic auction

A wide list of cases has been established when the customer can conduct an electronic auction. This procedure is mandatory when:

• it is planned to order goods, works, services that are included in the government List (approved by RP dated 03/21/2016 No. 471-r);
• only one criterion for determining the winner is established - the price of the contract.

Justification of the chosen method of determining the supplier: request for quotations

Open competition

In cases where the customer determines the winner according to the criteria of the best conditions for the execution of the contract, the order is justified as an open tender.

Limited Entry Competition

Two-stage competition

At the same time, purchases of federal executive bodies that draw up and implement state policy in the field of defense, management and security, as well as state institutions and state unitary enterprises subordinate to them, fall into exceptions and are not consistent with the FAS. The list of such bodies, institutions and enterprises must be approved by a separate Government Decree.

Electronic closed auction

In accordance with Part 2 of Art. 84.1, closed electronic procedures apply in cases that are similar to paper closed auctions. At the same time, the same article states that the government may oblige procurement in the form of closed electronic auctions.

The implementation of various kinds of state needs occurs only on the basis of the fulfillment of one or another state or municipal order. The choice of a legal or natural person who will implement such a state order in full must be carried out in strict accordance with the provisions of the current legislation.

From January 1, 2014, to regulate all issues related to the execution of contracts to ensure such needs, the Federal Law “On the contract system in the field of procurement”, adopted on April 5, 2013 and received the number 44-FZ, is used. Within the framework of this law, the main methods that should be used to determine a possible contractor under a state or municipal contract are determined.

Dear readers! Each case is individual, so check with our lawyers for information.Calls are free.

What methods are provided this law, and what parts of it regulate the issues of determining the contractor for government contracts?

Article 24 as the main regulator of types of procurement procedures

In order to ensure that all procedures provided for by law for the determination of one or another state order were carefully regulated, within the framework of this law, a number of norms were adopted, in accordance with which the entire process of conducting certain events is regulated. This part of the law is opened by Article 24, which represents the methods available today in the arsenal or the customer of determining a potential contractor for a specific contract to meet the needs of a state or municipal institution.

Article 24 gives a list of those methods that the customer is entitled to use to determine the physical or who can take over the implementation of a particular contract. At the same time, this article obliges the customer, regardless of what level goes speech, use predominantly competitive forms procurement, such as tenders or requests for proposals.

It is in this article that the provision is fixed that all the procurement procedures listed in part 2 of this article must be carried out in electronic form, that is, using electronic trading platforms and placing all the results obtained in the Unified information system zakupki.gov.ru.

At the same time, the ongoing closed procedures for determining or performers (closed tenders and) must also be carried out exclusively in electronic form with the placement of all procurement documents in, and the mechanism for admitting participants to such procedures is carefully developed by the customer, depending on the reasons for which the procedure is closed ( for example, there is a purchase of goods that ensure the preservation of state secrets).

The main types of procedures for determining contractors under contracts

The state, represented by its legislature, provided for a number of special procedures, which will provide the possibility of competitive participation of potential executors in the process of determining with whom exactly and on what conditions this or that state contract will be concluded.

However, some purchases cannot be made through the use of competitive procedures.(for example, when purchasing from a natural state monopoly). It is for this reason that the customer, before announcing this or that procedure, is obliged to carefully study all the procedures available to him and choose the one that turns out to be the most optimal, but at the same time observing the requirements of the current percentage of the procedures used to implement the basic principle of the contract system used - the principle of free competition for the right to perform a particular contract.

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Federal Law No. 44-FZ "On the contract system" acts as the main regulator for the use of various competitive and non-competitive procedures. The choice of a particular procedure should be based on the basic requirements that a particular customer imposes on the object of procurement and its features, as well as on the volume of previously used procedures of a competitive or non-competitive type.

Public procurement rules are regulated by the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. All authorities, state and municipal institutions, from federal ministries and departments to local schools, hospitals and libraries, are guided by its provisions when conducting tenders and concluding contracts.

Federal Law No. 44-FZ:

• establishes the principles of a unified (federal) contract system;
• defines the terms that are used in the legislation and practice of public procurement;
• regulates procurement planning processes by customers;
• establishes the methods of procurement, rules for their conduct, requirements for participants, the procedure for choosing a performer (supplier, contractor) and concluding contracts;
• determines the procedures for monitoring, auditing, control and appeal in the field of public procurement.

Principles and concepts of a unified contract system

The principles of the contract system are set out in Articles 6-12 of Federal Law No. 44-FZ. These include:

1. Openness and transparency of information - free and free access to complete and reliable information on procurement, including through the functioning of a unified information system (UIS).
2. Ensuring competition - equal conditions for procurement participants, support for fair competition, a ban on restrictions on competition that violate No. 44-FZ.
3. The professionalism of the customer is his duty to involve only qualified specialists and to maintain and improve their professional level.
4. Stimulation of innovations - the priority of innovative and high-tech products.
5. Unity of the contract system - principles, concepts and approaches common for all participants in planning, conducting procurement, monitoring, auditing and control.
6. The responsibility of the customer for the effectiveness and efficiency of procurement is the need to achieve the desired results.

Definitions of the main concepts used in the law on the contract system are given in article 3. The provisions of this article clarify the definitions:

• contract system;
• supplier identification procedures;
• procurement of goods, works and services;
• procurement participant;
• state and municipal customer;
• state and municipal contract;
• bodies that are engaged in regulation and control in the field of procurement;
• expert and expert organization in the field of procurement;
• total annual volume of purchases;
• electronic site, specialized electronic site and operators of such sites.

Studying the provisions of Article 3 of Federal Law No. 44-FZ will help you understand the basic terminology in the field of public procurement.

Requirements for suppliers and conditions for participation in procurement

Requirements for suppliers (performers, contractors) are established in Article 31 of Federal Law No. 44-FZ. For participation in public procurement must meet all of the following requirements:

1. Official registration in Russia, not belonging to an offshore company.
2. Not being in a state of liquidation or bankruptcy.
3. Possession of a license and (or) membership in self-regulatory organization(SRO) if the performance of the contract involves compliance with these conditions.
4. The absence of a valid disqualification (suspension of activities) for an administrative offense.
5. Absence of outstanding debts on mandatory payments (taxes, fees, contributions, etc.).
6. The management and the chief accountant do not have a criminal record for committing an economic or corruption crime.
7. Lack of affiliation and conflict of interest with the customer.
8. The absence of an administrative penalty for illegal remuneration by a legal entity in the last two years (Article 19.28 of the Code of Administrative Offenses of the Russian Federation).
9. The absence of a supplier in the register of unscrupulous suppliers, if this is a condition of the purchase.
10. The presence of exclusive rights to the result of intellectual activity, if it must be transferred to the customer under a contract, except for works of art and literature, contracts for financing the rental or showing of a Russian film.
11. The absence of other restrictions established by Federal Law No. 44-FZ and other regulatory legal acts.

For certain purchases, the Government of the Russian Federation has the right to establish additional requirements regarding the ability of the bidder to ensure the execution of the contract: a good business reputation, the availability of a sufficient material base, specialists, financial resources and work experience.

Compliance with the requirements of the participant declares when filling out an application for participation in a particular purchase. Documentary confirmation is not always required, but the accuracy of the declared information can be verified. False information will lead to the rejection of the application, and in the worst case, to the inclusion in the register of unscrupulous suppliers, which will actually put an end to the possibility of further full-fledged participation in procurement.

A prerequisite for participation in procurement is registration in the Unified Information System (EIS) and subsequent accreditation on federal electronic trading platforms. After registration in the EIS, access to work on all federal sites will be provided automatically during the working day.

Procurement types

Methods for determining a supplier (procedures or types of procurement) are listed in Article 24 of Federal Law No. 44-FZ, and the features of each method are explained in other articles of Chapter 3 of this law.

There are two main types of purchases:

1. Purchasing from a single supplier. This the only way purchases in conditions of extremely limited competition - the customer independently chooses with whom to conclude a contract. An exhaustive list of purchases that can be made from a single supplier is specified in Article 93. Any purchase in the amount of up to 300 thousand rubles can be made in this way, and institutions of culture, art, sports, science and organizations for orphans - in the amount of up to 600 thousand rubles.
2. Competitive methods of procurement - these include all other types of public procurement.

Learn more about competitive procurement

Competitive purchases can be open and closed. In the first case, any supplier can participate in the procurement. In the second situation, the purchase is agreed with the FAS, and only a certain circle of participants is invited to participate in it.

The main methods of competitive procurement are competition and auction.

Competitions are held:

1. in an open form. Access to the purchase has an unlimited range of suppliers. They submit applications with proposals based on the conditions of the tender documentation, the commission compares them and gives the victory to the one who offered the best conditions among all participants.
2. With limited participation. Such a competition can be held only in cases provided for in Art. 56 No. 44-FZ. Initially, it is similar to an open competition: the purchase is available to an unlimited number of persons, and everyone can apply. However, not only basic, but also additional requirements are presented to the participants. Initially, the applications of participants are pre-qualified, some are eliminated, and only among the rest (a limited number of participants) will the winner be determined in the end.
3. in two-stage form. Within the framework of a two-stage competition, the applications of participants are initially evaluated in all respects, except for the price (it is not indicated). Participants who have passed the first stage form an offer already with a price, which becomes the subject of evaluation to determine the winner. Such purchases, as a rule, are carried out when quality, innovation and high technology are priority, and the price, although important, is secondary.
4. in closed form. A closed tender differs from an open tender by a limited range of suppliers admitted to the procurement. Participants must meet the general and additional requirements, having assessed which, the customer sends an invitation to the selected suppliers to participate in the tender.
5. In a closed form with limited participation. This method combines the features of a closed competition and a competition with limited participation. Only a certain circle of suppliers, who are pre-qualified, participate in the procurement. The winner is selected from those who passed the selection.
6. In a closed two-stage form. The method combines the features of a closed competition and a two-stage competition. A limited number of suppliers are allowed to participate in the competition. At the first stage, they form an offer without specifying a price. The one who passes to the next stage forms an offer already at a price, which becomes the determining factor for victory.

Auctions held in open and closed form. More than half of all state and municipal contracts are based on the results of an electronic auction. To participate in the auction, the participant submits an application consisting of two parts. Initially, the customer evaluates the first part of the applications and determines those who will be admitted to the auction. This is followed by the submission of price proposals from participants, who gradually reduce the initial maximum purchase price (IMP). As a result, the winner is the one who offered the lowest price, which was held for a certain time. However, the contract will be concluded only after the verification of the second part of the application and satisfaction of all conditions of the auction. Therefore, a victory among price offers is not always a guarantee of concluding a contract.

Differences between a closed auction and an open auction:

• auction documentation is not published in the media and is not posted in the EIS;
• the customer sends invitations to participate in the auction, and only invited participants get access to the documentation;
• electronic auctions are held at specialized ETPs;
• applications are submitted in a sealed envelope;
• closed auctions are often held if the purchase is related to goods, works or services, information about which is a state secret.

Other ways of competitive procurement:

1. Quote request. With such a purchase, the customer is primarily interested in the price. The winner is the one who meets the same requirements for all participants and offers the lowest price. All applications received are evaluated simultaneously. Procurement in this way can only be carried out at the initial (maximum) contract price within 500 thousand rubles.
2. Request for proposals. Relatively rare method of procurement due to existing restrictions. It is usually used in cases of invalidation of repeated tenders or auctions. In addition, the method allows you to quickly resolve the issues of purchasing medicines, as well as providing legal assistance to protect the interests of the state abroad. Unlike a request for quotation, a request for proposals is an assessment of each received application as a whole. The priority is the best offer in all respects, and not only and not so much the offered price.

Conclusion of a contract

The procedure for concluding a contract following the results of an electronic procedure is regulated by Article 83.2 of Federal Law No. 44-FZ.

The document flow is carried out in the EIS and at the site where the purchase is placed and the auction takes place.

The choice of the procurement method is carried out by the customer independently in accordance with the requirements of the law on the basis of the following criteria: 1) the subject and conditions for the execution of the contract concluded as a result of the procurement; 2) initial (maximum) contract price; 3) criteria for determining the winner; 4) the required period for satisfying the need for the procurement object. The law divides all methods of determining suppliers into two groups: competitive and non-competitive (Fig. 3)

Competitive ways to identify suppliers

These, in accordance with the norms of the law, include all types of tenders, auctions, requests for quotations and requests for proposals. The law gives the following definition of competition. Competition is a method of determining a supplier (contractor, performer), in which the procurement participant who offers the best conditions for the execution of the contract is recognized as the winner. 1. Open tenders An open tender is understood as a tender in which information about the procurement is communicated by the customer to an unlimited circle of persons by posting in a single information system a notice of such a tender, tender documentation, and uniform requirements are imposed on the procurement participants. The customer in all cases purchases through an open tender, except as expressly provided by law. Open competitions are held according to the following rules: - placement in the EIS of a notice of the competition.

Taking effective measures by the customer to bring to the attention of potential bidders the opportunity to participate in them, as well as providing interested firms with sufficient time to prepare and submit their bids; – ensuring equality of all participants in the competition, in particular, the establishment of neutral specifications and standards in which no unnecessary restrictions are placed on competition; - establishing clear and objective criteria for evaluating competitive applications, allowing applicants to decide whether to enter into competition at all; – identifying the winner of the tender and concluding a contract with him in strict accordance with the procedure established in the tender documentation. The procedures for conducting an open competition are regulated by Art. 48–55 of the Federal Law of April 5, 2013 No. Unlike other methods of determining the competition, at least two criteria are used as a criterion for choosing a winner:

1) the price of the contract and 2) the costs of operation and repair of goods, the use of the results of work; 3) qualitative, functional and environmental characteristics of the procurement object; 4) the qualifications of the procurement participants, including the availability of financial resources, on the basis of ownership or other legal grounds for equipment and other material resources, work experience related to the subject matter of the contract, and business reputation, specialists and other workers of a certain skill level.

2. Open competition with limited participation

A tender with limited participation is understood as a tender in which information about the purchase is communicated by the customer to an unlimited circle of persons by posting a notice of such a tender and tender documentation in the EIS, uniform and additional requirements are imposed on the procurement participants and the winner of such a tender is determined from among the procurement participants who have passed prequalification.

The customer makes purchases by holding a tender with limited participation in the following cases: 1) if the supply of goods, performance of work, provision of services due to their technical and (or) technological complexity, innovative, high-tech or specialized nature can only be carried out by suppliers (contractors, performers), having the required level of qualification. The list of innovative and high-tech products is established by the Government of the Russian Federation; 2) performance of work on the preservation of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, restoration of museum objects and museum collections included in the Museum Fund, documents of the Archival Fund of the Russian Federation, especially valuable and rare documents that are part of the library funds, performance of work , provision of services related to the need to allow contractors, executors to access the accounting databases of museums, archives, libraries, museum storages (depositories), systems for ensuring the security of museum objects and museum collections, archival documents, library stock. When conducting a tender with limited participation, the same procedures are used as in an open tender, only in addition

completion within no more than 10 working days from the date of opening the envelopes with applications for participation in the tender, the customer conducts a pre-qualification selection to identify procurement participants that meet the unified and additional requirements established by the customer. Accordingly, only those suppliers who have passed the pre-qualification process participate in the procedure for consideration and evaluation of competitive bids.

3. Open two-stage competition

A two-stage tender is understood as a tender in which information about the procurement is communicated by the customer to an unlimited circle of persons by placing a notice of such a tender and tender documentation in the EIS, uniform requirements or uniform and additional requirements are imposed on the procurement participants, and the winner of such a tender is recognized as a participant in a two-stage tender who accepted participation in both stages of the competition (including those who passed the pre-qualification selection at the first stage in case of establishing additional requirements to the participants of such a tender) and offered the best conditions for the execution of the contract based on the results of the second stage of such a tender. The customer has the right to hold a two-stage tender, subject to the following conditions: 1) the tender is held to conclude a contract for scientific research, design work(including architectural and construction design), experiments, research, for the supply of innovative and high-tech products, an energy service contract, as well as for the purpose of creating a work of literature or art, performance (as a result of intellectual activity); 2) to clarify the characteristics of the procurement object, it is necessary to discuss it with the procurement participants.

When conducting a two-stage tender at the 1st stage, participants are required to submit initial bids containing proposals for the procurement object, but without specifying the price. At the 1st stage, the tender commission conducts discussions with its participants on any proposals contained in the submitted bids in relation to the procurement object. All participants of the two-stage competition have the right to attend the discussion of the proposal of each participant.

The term for holding the 1st stage of a two-stage competition cannot exceed 20 days from the date of opening the envelopes with the initial applications for participation in the competition. Based on the results of the 1st stage of the tender, the customer has the right to clarify the terms of the purchase, namely: 1) any requirement for functional, technical, quality or performance characteristics purchase object; 2) any criterion for evaluating applications for participation in the competition. At the 2nd stage of the competition, the competition commission invites all participants who took part in the 1st stage to submit final applications for participation in a two-stage competition indicating the price of the contract. The participant of the two-stage competition, who took part in the 1st stage, has the right to refuse to participate in the 2nd stage of the two-stage competition. All other procedures are carried out as in an open competition.

4. Electronic auction

Auction - a method of determining the supplier (contractor, performer), in which the winner is the procurement participant who offered the lowest contract price. The customer is obliged to conduct an electronic auction in the event that goods, works, services included in the list established by the Government of the Russian Federation, or in the additional list of a constituent entity of the Russian Federation are purchased when purchasing goods, works, services to meet regional needs. The inclusion of goods, works, services in these lists is carried out in case of simultaneous fulfillment of the following conditions: 1) it is possible to formulate a detailed and accurate description of the procurement object; 2) the criteria for determining the winner of such an auction have a quantitative and monetary value. The customer has the right to purchase goods, works, services included in the auction list, by conducting a request for quotations, a request for proposals, making purchases from a single supplier (contractor, performer), taking into account the requirements and restrictions for these types of purchases established by law. Procedures for holding an electronic auction In order to conduct bidding in the form of an electronic auction, the customer must prepare a notice of an electronic auction and documentation on an electronic auction. Provided that the initial (maximum) contract price (lot price) does not exceed 3 million rubles, the customer places a notice of an electronic auction and documentation in the unified information system at least 7 days before the deadline for filing applications for participation in an electronic auction . If the initial (maximum) price of the contract (price of the lot) exceeds 3 million rubles, at least 15 days before the deadline for submitting applications for participation in the electronic auction.

After reviewing the notice and documentation of the open auction, participants have the right to submit their applications for participation, which will consist of two parts. In the first part of the application, the participant describes the products offered and agrees to conclude a contract (in case of victory) according to the conditions provided for in the electronic auction documentation. The second part of the application contains information about the auction participant (name, charter, extract from the Unified State Register of Legal Entities, etc.). Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends the first parts of applications for participation in such an auction to the customer. Consideration of the first parts of applications begins on the day they are received by the customer from the operator of the electronic site, that is, the day after the deadline for submitting such applications.

The auction commission checks the first parts of applications for participation in the electronic auction for compliance with their requirements, established by law and documentation of such an auction in relation to the purchased goods, works, services. Based on the results of consideration of the first parts of applications for participation in an electronic auction, the commission decides on the admission of the procurement participant who submitted an application for participation in such an auction to participate in it and on the recognition of this procurement participant as a participant in such an auction or on refusal to admit to participation in such an auction . Only persons who have received accreditation on the electronic platform and are allowed by the auction commission to participate in such an auction can participate in an electronic auction. An electronic auction is held on an electronic platform. The day of the electronic auction is set by the customer in the notice of the electronic auction. The start time of such an auction is set by the operator of the electronic site in accordance with the time zone in which the customer is located. The day of the electronic auction is the working day following the expiration of two days from the date of the expiration of the period for consideration of the first parts of applications for participation in such an auction. An electronic auction is held by reducing the initial (maximum) contract price specified in the notice of such an auction. Therefore, the main criterion for choosing the winner is the proposed price of the contract. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the "auction step") is from 0.5 to 5% of the initial (maximum) contract price. When conducting an electronic auction, its participants submit proposals for the contract price, reduced by an amount within the "auction step".

From the beginning of the electronic auction until the deadline for submitting proposals from participants in such an auction on the contract price, the time for accepting proposals from participants is set, which is 10 minutes from the beginning of such an auction until the deadline for submitting proposals for the contract price and 10 minutes after the receipt of the last proposal for the contract price. Based on the results of the electronic auction, the operator of the electronic site draws up a protocol for the conduct of the electronic auction. The operator of the electronic site within 1 hour after posting the protocol of the electronic auction on the electronic site is obliged to send to the customer the specified protocol and the second parts of the applications for participation in the auction submitted by its participants, the contract price bids of which received the first 10 serial numbers during ranking. If less than 10 participants took part in the auction, all two parts of the applications are sent to the customer. The second parts of applications for participation in the electronic auction are considered by the procurement commission. The total period for consideration of the second parts of applications for participation in an electronic auction may not exceed 3 working days from the date of placement on the electronic site of the protocol of the electronic auction. Based on the results of consideration of the second parts of applications for participation in the electronic auction, the auction commission makes a decision

on the compliance or non-compliance of the application for participation in such an auction with the requirements established by the documentation. Consideration of these bids begins with the bid where the lowest contract price is offered, and is carried out taking into account the ranking of these bids.

Features of the electronic auction

1. An electronic auction is held on an electronic trading platform (the list of sites is determined by the Government of the Russian Federation based on the results of a competitive selection).

2. Suppliers wishing to participate in an electronic auction must go through the accreditation procedure on the trading platform (it is issued for 3 years).

3. Only electronic forms of documents are used (documents sealed with an electronic digital signature).

4. All participants in the auction must pay "auction bid security" in the amount of 0.5 to 5% of starting price contract.

5. The winner of the auction will have to pay for the work of the electronic trading platform.

6. Suppliers' auction bids include two parts (the first contains information about the products offered, the second contains information about the participant in the order placement.) Both parts of the bid are submitted simultaneously.

7. The auction step varies from 0.5 to 5% of the initial contract price. Any bidder can also reduce the price regardless of the step of the auction (subject to certain conditions). 8. If the auction price has reached 0, an auction for increase (for the right to conclude a contract) can be held. 9. Participants of the auction and the customer (buyer of products - authority state power or body local government) never occur during the auction. The intermediary between them is always electronic platform. 10. The customer has the opportunity to conclude a contract not only with the supplier, whose application received No. 1 and 2 (as in a regular auction), but also with No. 3, 4, 5. 11. And other features.

The request for quotations is understood as a method of determining the supplier, in which information about the customer's needs for a product, work or service is communicated to an unlimited circle of people by posting a notice on the request for quotations in the EIS and the procurement participant who offered the lowest contract price is recognized as the winner of the request for quotations. The customer has the right to make purchases by conducting a request for quotations, provided that the initial price of the contract does not exceed 500 thousand rubles. At the same time, the total annual volume of purchases carried out through a request for quotations should not exceed 10% of the funds provided for all purchases of the customer in accordance with the schedule, and should not exceed 100 million rubles per year. When determining a supplier by requesting quotations, the restriction on the price of the contract may not be applied in several cases: international organizations and other customers) - for the provision of an ambulance, including an ambulance specialized, medical care in emergency or urgent form and normal life support of citizens. Determination of a supplier by means of a request for quotations is also allowed for the purpose of providing humanitarian assistance or eliminating the consequences of natural or man-made emergencies.

This type of procurement has its own characteristics: - procurement is carried out without limiting the price of a state or municipal contract; – the preliminary selection of suppliers is carried out annually; – the initial price of the contract is not indicated in the notice of the request for quotations; – when evaluating quotation bids, those that involve the supply of more than 30% of the required volume are considered first. Procedure for conducting a request for quotations The customer is obliged to place in the unified information system a notice of a request for quotations and a draft contract concluded based on the results of such a request, at least 7 working days before the deadline for filing applications for participation in the request for quotations, and in case of implementation purchases of goods, work or services for an amount not exceeding 250 thousand rubles, and in cases provided for by Article 76 of the law (purchase for emergency medical care), at least 4 working days before the expiration date of the specified period.

The customer, simultaneously with the placement of a notice of a request for quotations in the unified information system, has the right to send a request for quotations to at least 3 persons engaged in the supply of goods, performance of work, provision of services provided for in the notice of a request for quotations. In some cases, the customer must send such a request to at least 3 persons. Applications for participation in the request for quotations are submitted to the customer in writing in a sealed envelope that does not allow viewing the content of the application before opening the envelope, or in the form of an electronic document. If the application is submitted on time, the customer is obliged to register it. If an application for participation in the request for quotations was received after the deadline for submitting applications, then such an application is not considered and is returned to the person who submitted it on the day of receipt. If two or more bids for participation in the request for quotations are submitted by the end of the deadline for submitting bids for participation in the request for quotations, the quotation commission proceeds to opening the envelopes with bids.

The quotation commission opens envelopes with quotation bids and provides access to those submitted in the form electronic documents applications for participation in the request for quotations at the time and place specified in the notice of the request for quotations Opening all received envelopes with such applications and opening access to such applications submitted in the form of electronic documents, as well as consideration and evaluation of such applications are carried out on the same day . Submitted bids are considered by the quotation commission for compliance with the requirements of the notice of the request for quotations. When opening envelopes and opening access to bids, the name of the participant in the request for quotations is announced, mailing address, the price of goods, work or services and other information specified in the participant's quotation bid. When carrying out the procedure for consideration and evaluation of quotation bids of participants, the customer is obliged to provide an audio recording of the procedure. Members

procedure has the right to make audio and video recording of the procedure for consideration and evaluation of quotation bids. The winner of the request for quotations is the participant in the request for quotations who submitted an application for participation in the request for quotations, which meets all the requirements established in the notice of the request for quotations, and which indicates the lowest price of goods, work or services. If several participants offered an equal price, then the winner the participant whose application is submitted earlier than the others is recognized. 6. Request for proposals A request for proposals is understood as a method of determining a supplier, in which information about the needs for a product, work or service for the needs of the customer is communicated to an unlimited circle of people by posting in the EIS a notice of a request for proposals, documentation of the request for proposals and the winner of the request for proposals is recognized the procurement participant who sent the final proposal that best meets the customer's needs for a product, work or service. The customer has the right to purchase by conducting a request for proposals in the following cases:

1) conclusion of a contract for the supply of sports equipment and equipment, sports equipment necessary for the preparation of sports teams of the Russian Federation in Olympic and Paralympic sports, as well as for the participation of sports teams of the Russian Federation in the Olympic Games and Paralympic Games; 2) the conclusion by the federal executive body of a contract with a foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation; 3) procurement of goods, work or services that are the subject of a contract, the termination of which was carried out by the customer unilaterally; 4) procurement of medicines that are necessary for prescribing to a patient in the presence of medical indications (individual intolerance, according to vital indications) by decision of the medical commission, which is recorded in medical documents the patient and the journal of the medical commission; 5) recognition of the repeated tender, electronic auction as not held;

6) procurement of products of folk art crafts of recognized artistic merit, samples of which are registered in the manner established by the federal executive body authorized by the Government of the Russian Federation; 7) procurement of services to protect the interests of the Russian Federation in the event of filing individuals and (or) legal entities to the judicial authorities of foreign states, international courts and arbitration of claims against the Russian Federation, if it is necessary to involve Russian and (or) foreign specialists, experts and lawyers in the provision of such services. Procedure for conducting a request for proposals A notice of a request for proposals shall be placed by the customer in the unified information system no later than 5 days before the date of such a request. Along with the placement of a notice of a request for proposals, the customer has the right to send invitations to participate in the request for proposals to persons capable of supplying goods, performing work, and providing services that are the objects of procurement.

The customer is obliged to send invitations to participate in the request for proposals to persons with whom, during the 18 months preceding the request for proposals, the customer concluded contracts in relation to the same objects of procurement, provided that these contracts were not terminated due to violation by suppliers of the terms of these contracts . In the event of a request for proposals in accordance with clause 6 of part 2 of Article 83 (unilateral refusal to execute the contract), the customer is obliged to send invitations to participate in the request for proposals only to persons who were participants in the procurement for the right to conclude a contract, the termination of which was carried out in accordance with the provisions of part 9 of Article 95 of the Law, and in respect of whose bids, during the implementation of these procurements, a decision was not made to reject them due to non-compliance of such bids with the requirements of the law, no later than 5 working days before the date of the request for proposals. By analogy with the request for quotation, the request for proposals implies that in order to participate in the request for proposals, the procurement participants, within the time and in the manner established in the notice of the request for proposals and the documentation on the request for proposals, submit applications for participation in the request for proposals to the customer in writing. form or in the form of an electronic document. At the same time, the acceptance of applications for participation in the request for proposals is terminated with the arrival of the deadline for opening envelopes with applications for participation in the request for proposals and opening access to applications for participation in the request for proposals submitted in the form of electronic documents. If before the opening of the envelopes with applications for participation in the request for proposals and the opening of access to applications submitted in the form of electronic documents for participation in the request for proposals, only one application for participation in the request for proposals has been submitted or not a single such application has been submitted, the request for proposals is recognized as failed. The actual procedure for conducting a request for proposals should begin with the process of opening envelopes with applications for participation in the request for proposals and opening access to applications submitted in the form of electronic documents for participation in the request for proposals. Opening of envelopes must be carried out publicly, on the day, time and place specified in the notice of the request for proposals.

The commission (single or commission for consideration of applications for participation in the request for proposals and final proposals) opens the received envelopes with applications for participation in the request for proposals and provides access to applications submitted in the form of electronic documents for participation in the request for proposals. All applications of participants in the request for proposals are evaluated on the basis of the criteria specified in the documentation for the request for proposals, recorded in the form of a table and attached to the protocol for conducting the request for proposals, after which the conditions for the execution of the contract contained in the application recognized as the best, or the conditions contained in the only application for participation in the request for proposals, without announcing the participant in the request for proposals who sent such a single application. Further, after the announcement of the conditions for the execution of the contract contained in the application recognized as the best, or the conditions contained in the only application for participation in the request for proposals, the actual procedure for requesting proposals is completed, all participants in the request for proposals or the participant in the request for proposals who submitted a single application for participation in the request proposals, it is proposed to send the final proposal no later than the business day following the date of the request for proposals. The opening of the envelopes with the final proposals and the opening of access to the final proposals submitted in the form of electronic documents are carried out on the next business day after the date of completion of the request for proposals and are recorded in the final protocol. The participants of the request for proposals, who sent the final proposals, have the right to be present at the opening of the envelopes with the final proposals and the opening of access to the final proposals submitted in the form of electronic documents. The winner is the final offer, which, in accordance with the criteria specified in the notice of the request for proposals, best meets the requirements established by the customer for goods, works, services. If several final offers contain the same conditions for the execution of the contract, the final offer that was received earlier is recognized as the winner.

The final protocol records all the conditions specified in the final proposals of the participants in the request for proposals, the decision made on the basis of the results of the evaluation of the final proposals to assign serial numbers to such final proposals and the conditions of the winner of the request for proposals. The final protocol and the protocol of the request for proposals are placed in a single information system on the day the final protocol is signed. Distinctive features request for proposals: 1. Only when conducting procurement by request for proposals, it is prohibited to make changes to the published notice and documentation accompanying the procedure and cancel the procurement procedure. 2. The rules regarding the provision of participants' applications are ambiguous. Federal Law No. 05.04.2013 provides for the need to indicate in the notice of procurement and the accompanying documentation procedure the conditions for making Money as a security for submitted bids for participation or the provision of bank guarantees only during the tender and auction, but the content of the notice on the request for proposals should also contain information on securing bids.

3. The customer making the purchase has the right to set the conditions under which applications for participation in the procedure must be submitted, that is, it is the customers who set the form, content, composition of the participant’s application, as well as required package documents. However, it is prohibited to put forward conditions that intentionally reduce the number of possible applications. In addition, the customer does not have the right to make changes to the notice of the request for proposals and documentation, as well as refuse to conduct the request for proposals. 4. After announcing the conditions for the execution of the contract contained in the bid recognized as the best, all participants are invited to send the final offer no later than the working day following the date of the request for proposals. The winner is the supplier that offered the best final offer Request for Proposals is the only competitive way to conduct procurement at the expense of the budget, when using which the customer has the right: - when determining the winner, not be guided by the established criteria for evaluating submitted bids (for example, the qualification of the participant); - independently establish the criteria by which the winner of the purchase will be selected; - not to take into account the values ​​of the significance of the criteria for evaluating submitted proposals established by law. It follows that the customer, when conducting a request for proposals, has a fairly large freedom in terms of receiving applications and their final evaluation. The only limitation is the presence of at least two mandatory criteria that the customer should be guided by: the contract price and not exceeding the significance of the criterion for operating costs (if it is used) over the significance of the criterion for price.

7. Closed methods for determining suppliers Closed methods for determining suppliers are understood as a closed tender, a closed tender with limited participation, a closed two-stage tender, a closed auction, in which procurement information is communicated by sending invitations, procurement documentation to a limited circle of persons who meet the requirements provided for law,

and are able to supply goods, perform work, provide services that are the objects of procurement. Closed methods of determination are applied only in cases of: 1) procurement of goods, works, services necessary to meet federal needs, if information about such needs constitutes a state secret; 2) procurement of goods, works, services, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract; 3) conclusion of contracts for the provision of services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation ...; 4) procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs. Before holding closed tenders and auctions, it is necessary to coordinate with the federal executive body authorized by the Government to carry out these functions. At the same time, the period of such approval should not be more than 10 working days from the date of receipt of the application for approval. Features of closed competitions

1. If the subject of procurement is goods, works or services, information about which constitutes a state secret, the customer shall place a notice of a closed tender in the EIS at least 30 days before opening the envelopes. Interested participants (who have access to working with state secrets) submit a request to the customer to provide them with tender documentation. 2. If the subject of the contract is products for federal needs, information about which is a state secret or services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation ..., cleaning services, services of drivers to ensure the activities of judges, bailiffs , then the customer at least 20 days before opening the envelopes sends personal invitations to suppliers corresponding to established requirements. 3. Opening of envelopes with bids may take place earlier than the date specified in the tender documentation, subject to the written consent of all tender participants to whom invitations were sent.

4. Not later than 20 days before the date of opening the envelopes, the customer must send to the authorized federal body a list of all persons to whom the tender documentation was sent at their request, and copies of all invitations to take part in the tender. 5. When holding closed tenders, it is not allowed to make audio and video recordings, use electronic forms of tender documentation. A closed auction has the same features as a closed competition at the stage of work with invitations and documentation. Consider the procedure for a closed auction. The auction is held by the customer, authorized body in the presence of members of the auction commission, auction participants or their representatives. An auctioneer is selected to conduct the auction.

The auctioneer is selected from among the members of the auction commission by open voting of the members of the auction commission by a majority of votes. The auction is held in the following order: 1) immediately before the start of the auction, the auction commission registers the participants of the auction who have come to the auction, or their representatives. 2) the auction begins with the announcement by the auctioneer of the start of the auction, the lot number, the subject of the contract, the initial (maximum) price of the contract (lot), the “auction step”, the names of the auction participants who did not appear at the auction, the auctioneer invites the auction participants to submit their proposals for contract price. "Auction step" is set at 5% of the initial price of the contract. If, after the last contract price offer was announced three times, none of the auction participants announced their intention to offer a lower contract price, the auctioneer is obliged to reduce the “auction step” by 0.5% of the initial contract price, but not less than 0.5% the initial price of the contract (5; 4.5; 4; 3.5 ... 0.5%) / 3) after the auctioneer announces the initial contract price and the contract price reduced in accordance with the "auction step", the auction participant raises the cards in case if he agrees to conclude a contract at the announced price; 4) the auctioneer announces the card number of the auction participant who first raised the card; 5) the auction is considered completed if, after the auctioneer announces the contract price three times, no participant

auction did not pick up the card. In this case, the auctioneer announces the end of the auction, the last and penultimate bids for the contract price, the card number and the name of the winner of the auction and the auction participant who made the penultimate bid for the contract price.

Purchasing from a single supplier

The purchase from a single supplier is understood as the offer of the customer to conclude a contract for the purchase of goods, works or services for budgetary funds, addressed to a specific individual or legal entity. In other words, when purchasing goods, works, services in this way, the customer, in contrast to the procurement by competitive methods, does not have to carry out a formal procedure for selecting a specific contractor, supplier, performer from several received proposals, that is, in fact, there is no process for determining the winner. The negative aspects for the customer of concluding a contract with a single supplier, contractor, performer, in particular, are the following:  due to the absence of a competition factor for the customer, there are minimal opportunities to reduce the price of the contract and ensure the most favorable conditions for its execution;  a significant degree of risk of possible inspections by regulatory authorities, which is indirectly due to the opportunities for abuse provided by this procurement method, for example, the option of collusion with a counterparty on certain positions.

Procurement from a single supplier is carried out in the following cases: 1) procurement of goods, work or services that fall within the scope of activities of subjects of natural monopolies in accordance with Federal Law No. 147-FZ of August 17, 1995 "On Natural Monopolies"; 2) procurement for state needs from a single supplier (contractor, executor) specified by a decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, executor) specified by a decree or order

Government of the Russian Federation. The specified legal acts establish the subject of the contract, the deadline for which the contract can be concluded. When preparing drafts of these legal acts, such drafts shall be accompanied by a justification for the price of the contract in accordance with the provisions of Article 22 of the Law; 3) performance of work on mobilization preparation in the Russian Federation; 4) procurement of goods, work or services for an amount not exceeding 100 thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make should not exceed 2 million rubles or should not exceed 5% of the total annual purchases of the customer and should not exceed 50 million rubles. These restrictions do not apply to purchases made by customers to meet the municipal needs of rural settlements; 5) procurement of goods, work or services by state or municipal educational institution, state or municipal institution culture, the statutory goals of which are the preservation, use and promotion of cultural heritage, as well as other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution performing concert activities, a television and radio broadcasting institution, a circus, a museum, a house of culture, a palace of culture, a club, a library, an archive) for an amount not exceeding 400 thousand rubles. At the same time, the total annual volume of purchases that the customer is entitled to make on the basis of this paragraph does not exceed 50% of the amount of funds provided for the implementation of all purchases of the customer in accordance with the schedule, and does not exceed 20 million rubles a year; 6) the emergence of a need for work or service, the performance or provision of which can be carried out only by the executive authority in accordance with its powers or subordinate to it government agency, state unitary enterprise, whose respective powers are established federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, legislative acts of the relevant subject of the Russian Federation; 7) conclusion of a supply contract Russian weapons And military equipment, which have no Russian analogues and are produced sole manufacturer, with a supplier of such weapons and military equipment included in the register of sole suppliers of such weapons and military equipment. provision of services for water supply, sanitation, heat supply, gas supply (with the exception of services for the sale liquefied gas), for connection (connection) to engineering and technical support networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, for storage and import (export) of narcotic drugs and psychotropic substances; 9) the emergence of a need for certain goods, works, services as a result of an accident, other emergency situations of a natural or man-made nature, force majeure, the need for urgent medical intervention (provided that such goods, works, services are not included in the list of goods, works, services approved by the Government of the Russian Federation necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies) and the use of other methods for determining supplier (contractor, performer), requiring time, is inappropriate. In total, the law (Article 93) provides for 45 grounds for procurement from a single supplier.

When making a purchase from the only one in the cases provided for in clauses 1–3, 6–8, 11–14, 16–19 of part 1 of Article 93, the customer places a notice of such a purchase in the unified information system no later than 5 days before the date conclusion of a contract. In case of procurement from a single supplier for the conclusion of a contract, the customer is obliged to substantiate in a documented report the impossibility or inappropriateness of using other methods of determining the supplier, as well as the price of the contract and other essential conditions contract. When purchasing from a single supplier, the contract must contain the calculation and justification of the contract price.

Danilova S.N.