What order approved the current auction list? New auction list: how to apply

The auction list under 44 Federal Laws is approved by orders of the Government of the Russian Federation and is periodically updated. Its full name is a list of goods, works, services, in the case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction).

The two previous editions of the list are no longer valid. These are Government Orders No. 2019-r dated October 31, 2013 and No. 740-r dated April 25, 2015.

Auction list 2017 approved by Government Order No. 471-r dated March 21, 2016 and has already been amended twice in 2016. The auction list under 44 Federal Laws of 2016 dated August 10, approved by Order No. 1682-r, is valid in 2017.

What is included in the auction list under 44 Federal Laws

The list includes groups of goods, works and services indicating the type of activity according to the all-Russian classifier. You can download the original document and find out whether your type of activity is included in the auction list under 44 Federal Laws.

We have prepared a more understandable and simplified structure of the auction list under 44 Federal Laws for easier searching as reference information.

The most numerous part of the auction list under 44-FZ is the list of goods for which government procurement requires a mandatory electronic auction. These include:

Raw materials. A fairly large group of goods, including oil and petroleum products, natural gas and coal and coke oven products, various chemicals and products, metals in finished and ore form, products of other mining enterprises, as well as wood, lumber and other products of forestry and logging industries.

Food. This category of goods included in the auction list covers a variety of food and beverage products, fish and products from fishing and aquaculture farms, as well as related processing industries, natural and purified water, as well as the supply of ice, cold air and chilled water.

Cloth. Includes textiles and textile products, clothing and footwear, leather and leather products.

Equipment. This section of the list includes various types of equipment, including computer, optical and electronic, as well as specialized medical equipment. Industrial and procurement equipment is included in a separate group.

Other. A fairly diverse category of goods, which includes products from agricultural and hunting farms, the paper industry and products made from paper, cardboard and other similar materials, various medicines and medical preparations, materials and tools.

The presence of an auction list greatly simplifies the competent application of 44-FZ in practice. This is due to the fact that any customer or supplier, using this document, can quickly determine whether an electronic auction is a mandatory procedure when conducting public procurement of a particular product.

New auction list: how to apply The essence of the changes The government has approved a new list of goods, works, and services purchased through an electronic auction. Changes in the auction list are associated with the introduction of new OKPD2 codes. However, there is an important nuance. The law still does not prohibit purchasing goods from the list in other ways. How not to make a mistake in choosing a procurement method taking into account innovations, read the explanation. The auction list, approved by Government Order No. 471-r dated March 21, 2016, came into force on March 21, 2016. This is an occasion to remind customers that there are goods and services for the purchase of which it is necessary to conduct an electronic auction. What is an auction list? Law No. 44-FZ requires customers to conduct an electronic auction if the procurement object is included in the list approved by the Government of the Russian Federation. Do not forget that regional authorities also have the right to establish such a list (Part 2 of Article 59 of Law No. 44-FZ). Therefore, if you are about to purchase for the needs of an entity, check the availability of regulations that have approved the lists in your region. Goods and services are included in the lists based on the following criteria: it is possible to formulate a detailed and accurate description of the procurement object; The criteria for determining the auction winner are quantitative and monetary. Is there always an auction for goods from the list NOTE The purchase of services from credit institutions for the transfer of benefits and subsidies to citizens must be carried out by the customer through an electronic auction in accordance with the provisions of Law No. 44-FZ (letter of the Ministry of Economic Development of Russia dated January 18, 2016 No. D28i-132) No . You can conduct a request for quotation or request for proposals. And if the procurement conditions fall under one of the paragraphs of Art. 93 of Law No. 44-FZ, then bidding may not be held at all by concluding a contract with a single supplier. It turns out that only a competition cannot be held for goods from the auction list. If the product is on the list, but you are not ready to conduct an electronic auction, carefully check whether you will violate the norms of Law No. 44-FZ by announcing a request for quotation. After all, this method of procurement is suitable only if the NMCC is less than 500 thousand rubles, the annual volume of such purchases does not exceed 10% of the SGPP and does not amount to more than 100 million rubles. (letter from the Ministry of Economic Development of Russia dated December 21, 2015 No. D28i-3712). A request for proposals can also be carried out in strictly defined cases by Law No. 44-FZ: a re-tender has not taken place (must be declared invalid solely on the grounds listed in Part. 2 tbsp. 55 of Law No. 44-FZ (for example, not a single application for participation was submitted or all received applications were rejected); the electronic auction did not take place; it is necessary to purchase goods, works, services that constitute the unfulfilled part of the terminated contract; it is required to purchase goods and services specified in paragraphs. 2, 3, 7, 9, 10 hours 2 tbsp. 83 of Law No. 44-FZ. For example, the purchase of medications prescribed to a patient for health reasons or due to individual intolerance (clause 7, part 2, article 83 of Law No. 44-FZ). When choosing a request for proposals as a procurement method, consider the high likelihood of inspection. After all, the list of grounds for carrying it out is closed. How to check whether a product is included in the list In the new list, goods, works, and services are indicated in accordance with their codes according to the All-Russian Classifier of Products by Type of Economic Activities OK 034–2014 (CPES 2008). Thus, the customer’s task of finding a procurement item in the list is simplified. After all, in the corresponding positions of the structured schedule, the codes are the same. EXAMPLE An institution plans to purchase clothing and shoes. The auction list includes codes 14 “Clothing” (except for children’s clothing) and 15.2 “Shoes”. The customer is obliged to conduct an electronic auction or request for quotation (if the NMTsK is less than 500 thousand rubles). And only for the purchase of children's clothing, the institution has the right to hold an open competition. Attention! Fines For the incorrect choice of purchasing goods included in the lists approved by the Government of the Russian Federation or constituent entities of the Russian Federation, the FAS Russia may hold the customer's officials administratively liable and fine them in the amount of 50 thousand rubles. Please note that according to Law No. 223-FZ, customers have their own list of purchases that must be carried out electronically. It was approved by Decree of the Government of the Russian Federation dated June 21, 2012 No. 616. At the end of 2015, it was edited taking into account the new OKPD2 codes.

Bidding held on an electronic platform is the most popular way to determine a supplier within the framework of relationships in the contract system. In 2016, out of 3 million orders, 58% came from an electronic auction with a total price of placed lots of just over 3.8 trillion rubles. Let's consider in what cases the customer is obliged and has the right to conduct electronic auctions, by what order the current auction list was approved and what goods, works, and services are included in it.

Normative base

Part 2 art. 48 44-FZ establishes the priority of holding an open tender in comparison with other methods of determining a supplier. In all cases, the customer makes purchases through an open tender, with the exception of cases provided, inter alia, by Art. 59, revealing the content of the electronic auction (EA) procedure.

The obligation to purchase certain goods and works only by EA is established by Part 2 of Art. 59. The list was approved by Order of the Government of the Russian Federation dated March 21, 2016 No. 471-r, and can also be additionally established by a subject of the Russian Federation.

In addition to the cases specified in the Order, Part 3 of Art. 59 of the Law contains provisions on the customer’s right to place an order electronically even if the required item is not on the list.

List of purchases by auction method according to 44-FZ

The obligation to conduct an electronic procedure is established, inter alia, for the following objects:

agricultural goods and services;
mining products;
food and beverages;
cloth;
paper;
medicines;
computer equipment;
construction work, etc.

The list established by the Government is quite extensive and includes more than 50 OKPD2 classes. A complete list of auction goods under 44-FZ is presented in the above-mentioned Government order.

Exceptions to the rules

The customer has the right not to conduct an EA even if the subject of the order is in the above list in the following cases.

1. If possible, conduct a two-stage or limited participation competition.

For example: food products (OKPD2-10) are included in the list, however, according to paragraph 6 of Appendix No. 2 to Resolution No. 99 dated 02/04/2015, it is possible to hold a competition with limited participation in the supply of food products purchased for educational and other organizations, with NMCC more than 500,000 rubles.

2. When purchasing food products and drinks purchased for institutions providing educational process and recreation for children, medical organizations, social service institutions, children’s recreation organizations.

3. When purchasing children's clothing.

4. When carrying out work on the construction, reconstruction, overhaul of particularly dangerous, technically complex and unique objects, as well as artificial road structures included in highways of federal, regional or intermunicipal, local significance. Although construction works (OKPD2-43) are included in the list, the customer has the right to hold an open or limited participation competition, depending on the size of the NMCC for these specialized works.

5. When providing services for providing food and servicing ritual events (weddings, banquets on the occasion of the birth of a child, anniversary).

6. When purchasing souvenir and gift ballots for voting in elections and referendums.

7. When purchasing services for the exchange of residential real estate.

Special conditions

The customer has the right to purchase objects included in the auction list in other ways in the following cases:

for NMCC not exceeding 500,000 rubles - request for quotation (or in accordance with Articles 75, 76, regardless of the size of NMCC on the territory of a foreign state or for the provision of medical care);
when ordering from a single supplier, according to Art. 93. For example, with NMCC not exceeding 100,000 rubles;
when conducting a request for proposals, in accordance with Art. 83. For example, when a repeated EA is declared invalid.

To a greater extent, the auction list is a limitation for the open tender procedure, and not a condition for holding an auction.

Responsibility for choosing the procurement method

Art. 7.29 of the Code of Administrative Offenses establishes liability for making an incorrect decision in choosing a method for determining a supplier in the form of imposing an administrative fine in the amount of up to 50,000 rubles.

The most numerous part of the auction list under 44-FZ is the list of goods for which government procurement requires a mandatory electronic auction. These include:

Cloth. Includes textiles and textile products, clothing and footwear, leather and leather products.