Article 15 part 4 223 fz. Ansi Consulting Group

Law No. 44 adopted on 05.04. 2013, defines the main provisions of public procurement for municipal and state needs. This law came into force in 2014. The law defines the basic principles of procurement, highlighting the promotion of innovation and professionalism of the customer as the main principles.

The customer and the controlling body must work on a professional basis, have all the necessary theoretical and practical knowledge. Now, to carry out purchases, it is necessary to attract specialized workers specially trained for this. And if the amount of annual purchases exceeds 100 million rubles, then specialized divisions should work. If the volume of purchases does not exceed the specified amount, then it is enough to appoint an official who will perform this work - a contract manager. His responsibilities include procurement, reporting, arranging auctions, and so on.

Now all public procurements and stages of their implementation belong to the contract system:

• procurement planning;
• supplier definitions;
• conclusion of a contract, civil law contract;
• features of contracts;
• monitoring;
• audit;
• control.

Procurement planning is an important element of the whole process. The planning process includes the development of procurement plans according to schedules for the entire current year. They should contain detailed information about all planned purchases. Subsequently, the plans can be amended as necessary, guided by the legislative framework.

With regard to procurement methods, there are nine cases in which a request for proposals can be conducted. This is determined by Art. 83 of the Federal Law. The customer can conduct a request for proposals if the auction tender procedure has not taken place. The procurement system has undergone changes, now the competition is considered a priority for public procurement.

With the new changes, customers are forced to justify their purchases, and not only the price of services and goods, but also their need. In addition, there are anti-dumping and anti-corruption measures that also control purchases for government agencies. If the initial purchase price exceeds 1 million rubles, then in the process of its implementation, a public discussion of the need for goods or services is necessary.

Procurement monitoring is carried out through their transparency, when the documentation is checked at all stages of public procurement. The audit of this process is within the powers of the Accounts Chamber, control and accounting authorities and municipalities. The control of this activity is carried out by the bodies of the FAS Russia.

The law also defines new features of the purchase of goods or services from a single supplier. The same name of goods is excluded. And now, purchases worth no more than 100,000 rubles can be carried out on the condition that the total amount of such purchases does not exceed 5% of the amount of all purchases in the schedule, and no more than 50 million rubles. But there are exceptions to this rule, since these restrictions do not apply to purchases for the needs of rural settlements.

The phased entry into force of the Law should end in 2017, when all of its provisions will be in full force.

On Federal Law No. 223

On July 18, 2011, Law No. 223 “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” was issued. Compared to Federal Law No. 44, it is softer and does not dictate procurement rules so strictly. Thus, the provisions of the Law do not require justification of purchases, and changes can be made to the schedule at any time. According to Federal Law 223, an already concluded contract can also be amended with regard to price, purchase volumes and terms.

To begin work on Federal Law 223, an institution must adopt the Procurement Regulations and procurement plans. The position must be approved by the head. Further, the Regulation, together with the plan, is posted on a specialized website, and purchases begin from the beginning of next year. Thus, here the procedure is regulated by the Regulation, and not by the Law itself.

On the public procurement portal, the participant must register two personal accounts. All offices must be issued in accordance with two laws in force, according to Federal Law No. 44 and Federal Law No. 223.

The main requirement of the Law is the mandatory posting of information on procurement and reports on procurement on the website. Information is posted monthly, reports are submitted no later than the 10th day of the next month.

Differences between Federal Law 44 and Federal Law 223

In our country, there are two laws in force, on the basis of which procurement activities are carried out in the public sector. The main differences between the two legal acts will be displayed schematically:

Thus, Federal Laws No. 44 and 223 govern the public procurement process. Federal Law No. 44 can be described as clearer; it defines the entire procedure in stages, indicating specific deadlines and other nuances of public procurement, in contrast to the second regulatory legal act. According to Federal Law 223, the customer himself approves the provision in which the procurement and bidding procedure is spelled out in detail.

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

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

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

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

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

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

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

Structure of Federal Law No. 223

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

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

Law 223-FZ: who does it concern

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

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

Subsidiaries of the above companies.

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

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

Comparison of features of 44 fz and 223 fz

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

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

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

Bank guarantees provided for in Article 223

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

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

Key requirements for bank guarantees under 223-FZ

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

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

The amount of guaranteed funds under 223-FZ

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

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

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

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

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

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

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

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

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

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

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

From October 01, 2018, to participate in trading on any electronic trading platform approved for procurement under 44-FZ, you must have a special account with an authorized bank. Familiarize yourself with the offers of banks on special accounts and bank guarantees

Exceptions

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

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

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

Deadlines for 223-FZ

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

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

Key changes to Federal Law 223 on Procurement 2018

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

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

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

Changes to 223-FZ for small and medium enterprises

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

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

Changes in the system for filing complaints under 223-FZ

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

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

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

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

Changes in the appeal process under 223-FZ

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

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

Register of dishonest suppliers

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

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

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

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

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

Information contained in the register

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

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

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

Logout

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

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

Results

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

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

There is 44-FZ, which regulates public procurement, and there is 223-FZ, which regulates the purchase of goods and services by companies with a state stake. Today, purchases under 223-FZ are several times higher than purchases under 44-FZ.

Customers under 223-FZ:

Law 223-FZ regulates absolutely all purchases of its subjects, regardless of the source of income. There are exceptions: the sale and purchase of securities, currency values, precious metals, etc. (clause 4, article 1 of Law 223-FZ). 223-FZ does not regulate these purchases, they go beyond its scope. And budgetary institutions have their own characteristics.

Oleg Birulya, tender expert, comments: “Public institutions are organizations that operate within the framework of 44-FZ. According to 44-FZ, they spend state money. But these organizations have such financial resources that come in the form of additional earnings. For example, in the form of grants. Or from renting space - these are their extra-budgetary funds. There is one more case: when a budget institution is itself an executor under a contract. In these cases, budgetary institutions can apply 223-FZ instead of 44-FZ. But there are peculiarities: in the current year, a state employee can work according to 223-FZ only if he created a procurement regulation and placed it before the beginning of the year. If the provision is created and not posted before the beginning of the year, a state employee is not entitled to carry out procurement activities within the framework of 223-FZ.

This rule is common to all subjects of 223-FZ. If the procurement regulation is not accepted and not posted on time, they fall under 44-FZ. That is, the question is not whether I want or do not want to live according to 223-FZ, but whether I want to live according to 223 or 44? 44-FZ is applied by default.

Suppliers under 223-FZ. How to find orders

Any legal entity, individual, including an individual entrepreneur (IP) can be a procurement participant. Do you recognize? We have already talked about this, above in the article.

On the official website (Procurement Portal) there is a register of provisions on the procurement of customers who work according to 223-FZ. Purchase information is also posted here. For small businesses (SMEs), a list of goods, works and services that customers are required to purchase under 223-FZ from small and medium-sized enterprises has been published on the official resource.

Document flow in the procurement system according to 223-FZ

Customer documentation (obliged to develop and publish):

We recommend the video recording of the webinar "", if you are a customer and you need to understand how to develop a procurement regulation, make changes to it, what information to enter in the register of contracts under 223-FZ, how to draw up a procurement plan and other documentation for 223-FZ. You will also learn how and when to post information about the purchase on the Official Website.

There is also a Register of contracts under 223-FZ (Decree of the Government of the Russian Federation dated October 31, 2014 No. 1132 “On approval of the procedure for maintaining the register of contracts concluded by customers as a result of procurement”) - common for customers of “All Russia”, the register is maintained by the Treasury. There is a similar register in public procurement under 44-FZ. A supplier who can read will find there a lot of interesting and useful information about the activities of the customer.

Procurement Regulations under 223-FZ

By itself, the Federal Law of July 18, 2011 No. 223-FZ contains only eight articles. By and large, work under 223-FZ is regulated by the Regulation on Procurement, which the customer creates himself and in the future conducts his activities according to this provision.

Procurement Regulations - the procurement activity of the customer begins with this document, for him this is his own “law”. And for suppliers who want to take part in the procurement of this customer, it is also a law.

Customer actions:

The procurement regulations are also created by budgetary organizations that work jointly under 44-FZ and 223-FZ.

The customer has the right to adjust the procurement regulations as many times as he likes. When making changes on the official website, the customer must publish 2 documents:

If the customer does not apply either the procurement regulation or the norms of 44-FZ, there will be a fine (part 3 of article 7.32.3 of the Code of Administrative Offenses):

In this video advice, Oksana Shipunova, a specialist in the field of procurement under 223-FZ, talks about administrative responsibility if the requirements for the formation of a procurement regulation and its placement on the official website are not met, and if the provision was not applied during the purchase.

You will hear interesting comments about the practice of applying Part 3 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, on the position of the FAS. For example, according to the FAS, even one purchase without a provision is a reason to transfer the materials to the prosecutor. This will entail an unscheduled inspection, in which fines will be issued for all such identified cases of procurement not according to the rules:

Participant Application

There is no clear list of requirements for the application, the customer has the right to form the requirements himself.

The supplier should carefully review the documentation, study the requirements for the application submitted by the customer, and already in accordance with these requirements draw up his application.

The customer has the right to establish requirements for procurement participants:

Procurement Regulations under 223-FZ: what should it contain?

223-FZ: electronic signature

The customer cannot work at all without an electronic signature (ES). Because you need to publish documents and place purchases in a single information system. The supplier can find and read the Procurement Regulations, other documents, and, in fact, any purchases, but without an electronic signature, he will not be able to take part in them if the purchases are carried out electronically.

Order Electronic signature. It is accepted at more than 150 sites: according to 223-FZ, at all state sites, at commercial sites.

Everyone knows about the electronic signature in public procurement. With EP according to 223-FZ, everything is both simpler and more complicated at the same time. It is easier because there are no strict requirements for an electronic signature certificate (as in public procurement, where the requirements of 63-FZ and 44-FZ converge, and where there are different signatures for customers and suppliers). To participate in purchases under 223-FZ and to organize such purchases, you just need a qualified certificate. It is more difficult, because there are no strict requirements for an electronic signature certificate, and each customer, generally speaking, has the right to create his own electronic platform, develop his own requirements for participants in electronic procurement. Including the requirements for a certificate with which you can go to this site. And each site where purchases are made under 223-FZ also has the right to its opinion on certificates.

Therefore, when contacting a certification center for the purchase of an electronic signature certificate, be sure to inform the manager on which sites you are going to work. And then, having bought a certificate for a specific site, find out where else your certificate will be accepted. Perhaps at the same time you will find new purchases.

Online course ". An additional professional advanced training program was developed on the basis of the requirements of the professional standard "Specialist in the field of procurement". Advanced training (72 hours)

1. State corporations, state companies, subjects of natural monopolies,<…>, as well as business entities, in the authorized capital of which the share of participation of the Russian Federation, the constituent entity of the Russian Federation, the municipality is more than 50%. Simply put, if the state owns more than 50% of an organization, this organization operates within the framework of 223-FZ. Notice, not 49% or even 50%, but over 50%.
2. Subsidiary business companies, in the authorized capital of which more than 50% belongs to the very organizations in which more than 50% belongs to the state. In practice, they are simply referred to as "daughters".
3. Subsidiary business companies of subsidiaries of business companies<…>. And these are already “granddaughters”.
4. Budget institutions:
   • through grants, subsidies;
   • as a contractor under the contract in the event that other persons are involved on the basis of the contract during the execution of this contract for the supply of GWS;
   • at the expense of funds received in the course of carrying out other income-generating activities (for details about customers under 223-FZ, see clause 2, article 1 of Law 223-FZ).

• Procurement Regulations.
• Procurement plan.
• Purchase notice.
• Procurement documentation (terms of reference, requirements for the content, form, design and composition of the application, instructions for filling out the application by procurement participants, etc.).

1. Develop and approve Procurement Regulations. It must necessarily describe in detail: methods of procurement, the procedure for preparing and conducting procurement, the procedure for concluding and executing contracts, as well as a list of GWS purchased from small businesses.
2. Publish Procurement Regulations on www.zakupki.gov.ru.
3. a new version of the procurement regulation;
4. a document containing a list of changes made.

• for legal entities - 50,000 - 100,000 rubles;
• for officials - 20,000 - 30,000 rubles. Officials are any persons who perform the function of organizing and conducting the procurement procedure. And the customer himself must determine for himself which specific staff units and officials will be responsible for this or that composition of the Code of Administrative Offenses. By and large, these are persons who approve the procurement documentation or members of the procurement commission.
• lack of information about the procurement participants in the RNP under 223-FZ;
• lack of information about the procurement participants in the RNP under 44-FZ.

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From October 1, 2018, the UIS will implement the functionality provided for by Federal Laws No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (as amended by the Federal Law of December 31, 2013). 2017 No. 504-FZ) (hereinafter - the Law
No. 44-FZ) and No. 223-FZ of July 18, 2011 “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” (as amended by Federal Law No. 505-FZ of December 31, 2017) (hereinafter referred to as Law No. 223-FZ) .
User guides and training materials are located in the "Tutorials" subsection of the "Documents" section of the ENI.
Detailed information on new functionality, as well as links to user manuals and additional videos are presented in the relevant sections of the news.
We draw the attention of developers of external ordering systems and electronic platforms to the fact that the current requirements for the procedures for receiving, transmitting information and exchange formats are set out in and posted in the "Documents" section of the open part of the EIS.
In addition, we inform you that from 13-00 September 29 to 00-00 October 01, 2018 Moscow time, routine maintenance will be carried out on the Official website of the EIS. During the work, the functions "Personal account" and "Open part" will be unavailable.

1. Changes regarding the conclusion of contracts based on the results of electronic procedures (with the exception of an electronic auction) in accordance with Law No. 44-FZ:
In accordance with the requirements of the Decree of the Government of the Russian Federation dated 08.06.2018
No. 656 provides for the conclusion of agreements on the functioning of an electronic platform, a specialized electronic platform (hereinafter referred to as electronic platforms) by the Ministry of Finance of Russia and the Federal Antimonopoly Service of Russia with electronic platforms that have passed the selection, before October 1, 2018. The date of conclusion of such an agreement shall be considered the date of commencement of the functioning of the relevant electronic marketplace operators.
Based on part 10.1 of article 112 of Law No. 44-FZ, the procurement of goods, works, services through electronic procedures is carried out on selected electronic platforms. The conclusion of contracts based on the results of electronic procedures is carried out in the manner prescribed by Article 83.2 of Law No. 44-FZ (with the exception of an electronic auction) from the date of commencement of the operation of electronic marketplace operators.
Clarifications of the Ministry of Finance of Russia regarding the procedure for conducting electronic procedures provided for by Law No. 44-FZ, and concluding contracts based on the results of such electronic procedures, are available at.
In order to implement the above norms of Law No. 44-FZ, from October 1, 2018, the functionality of the UIS is put into operation, providing the possibility of concluding contracts based on the results of electronic procedures (with the exception of an electronic auction) in the manner prescribed by Article 83.2 of Law No. 44-FZ, and exactly:
-Based on the results of electronic procedures (with the exception of the electronic auction), notifications of which are posted in the EIS from October 1, 2018, the conclusion of contracts is ensured in the interaction of the EIS and the electronic platform in the following order:
1) The customer from his personal account in the EIS sends to the electronic platform, and also places in the open part of the EIS a draft contract for signing by the winner of the electronic procedure;
2) the winner of the electronic procedure sends from the personal account on the electronic site to the UIS, and also places in the personal account on the electronic site a signed draft contract and documents provided for by the provisions of Law No. 44-FZ, or a protocol of disagreements (if there are disagreements);
3) the customer from his personal account in the EIS sends a contract signed on his part to the electronic platform and the concluded electronic contract is placed in the open part of the EIS.
In addition, we inform you that when the winners of the electronic procedure sign draft contracts, verification of electronic signature certificates is provided on electronic platforms.
-Based on the results of electronic procedures (with the exception of the electronic auction), notifications of which were posted in the EIS before October 1, 2018, contracts are concluded in the current order (on the electronic platform).
- For electronic auctions, notices of which are posted in the EIS before January 1, 2019, the current procedure for concluding contracts (on the electronic platform) remains.
The conclusion of contracts based on the results of electronic auctions, notifications of which are posted in the EIS starting from January 1, 2019, is carried out in the manner prescribed by Article 83.2 of Law No. 44-FZ. This functionality will be implemented in version 9.0.
At the same time, we draw your attention to the fact that when concluding a contract (including when placing a draft contract signed as a result of an electronic procedure in the EIS), it is necessary to take into account the requirements of the legislation of the Russian Federation in the field of personal data in terms of depersonalization of personal data (by analogy with the requirements of paragraph 39 of the Procedure for generating information , as well as the exchange of information and documents between the customer and the Federal Treasury in order to maintain a register of contracts concluded by customers, approved by order of the Ministry of Finance of Russia dated November 24, 2014 No. 136n).
Detailed information on the specified functionality presented in the Quick User Guide for and in .

2. Changes in terms of procurement in accordance with Law No. 223-FZ.
In accordance with the requirements of Art. 3.4 of Law No. 223-FZ, version 8.3 of the EIS implements the possibility of using competitive procurement methods, the participants of which can only be small and medium-sized businesses (hereinafter referred to as SMEs), which should be carried out in electronic form on electronic platforms selected by the Government of the Russian Federation with the dates of commencement of the functioning of the respective operators of electronic platforms.
At the same time, according to part 3 of Art. 4 of Law No. 223-FZ, by January 1, 2019, the provisions on the procurement of customers must be brought into line with the norms of Law 223-FZ (as amended by 505-FZ) and provide for competitive procurement methods, the participants of which can only be SMEs that meet the requirements of Art. 3.4 of Law No. 223-FZ.
Customers whose procurement provisions have already been brought into line with the norms of Law 223-FZ in terms of competitive procurement methods, in which only SMEs can participate, must use the four standard competitive procurement methods implemented in the Unified Procurement Information System (hereinafter referred to as the UIS) (“Electronic tender open only to SMEs”, “Electronic auction open only to SMEs”, “Electronic quotation request open only to SMEs”, “Request for proposals in electronic form, the participants of which can only be SMEs”) and carry out such purchases only on electronic platforms that have concluded an agreement on their functioning with the Ministry of Finance of Russia and the FAS Russia.
Customers whose procurement provisions are not brought into line with the norms of Law 223-FZ, until the procurement provisions are brought into line with the requirements of Art. 3.4 of Law 223-FZ (as amended by 505-FZ), but no later than January 1, 2019, they have the opportunity to make purchases in the UIS, the participants of which can only be SMEs, in accordance with the procurement procedure that was in effect before the entry into force of the provisions of Art. 3.4 of Law No. 223-FZ.
Detailed information on these functionalities is presented in clarifications on

Article 4. Procurement information support

1. Regulations on procurement, changes made to the specified provision are subject to mandatory placement in the unified information system no later than within fifteen days from the date of approval.

2. The customer places in a single information system a plan for the purchase of goods, works, services for a period of at least one year. The procedure for the formation of a plan for the procurement of goods, works, services, the procedure and terms for posting such a plan in a single information system, the requirements for the form of such a plan are established by the Government of the Russian Federation.

3. The plan for the purchase of innovative products, high-tech products, medicines is placed by the customer in a single information system for a period of five to seven years.

3.1. The plan for the procurement of goods, works, services of customers determined by the Government of the Russian Federation in accordance with Clause 2 of Part 8.2 of Article 3 of this Federal Law must contain a section on the purchase from small and medium-sized businesses in accordance with the lists of goods, works, services approved by such customers, which are purchased from such entities.

3.2. The procurement plan for innovative products, high-tech products, medicines of customers determined by the Government of the Russian Federation in accordance with clauses 1 and 2 of part 8.2 of Article 3 of this Federal Law must contain a section on procurement from small and medium-sized businesses in accordance with the list of goods approved by the customer, works, services, the purchase of which is carried out from such entities.

3.3. The plan for the procurement of goods, works, services of specific customers, determined by the Government of the Russian Federation in accordance with clause 1 of part 8.2 of Article 3 of this Federal Law, must contain a list of innovative products, high-tech products purchased from small and medium-sized businesses in the annual volume determined by the Government of the Russian Federation. Federation in accordance with clause 1 of part 8.2 of Article 3 of this Federal Law.

4. The criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a plan for the purchase of such products are established by the federal executive authorities exercising the functions of legal regulation in the established field of activity, as well as by the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roscosmos", taking into account the priority areas for the development of science, technology and technology in the Russian Federation approved by the President of the Russian Federation and the list of critical technologies of the Russian Federation.

4.1. Customers determined by the Government of the Russian Federation in accordance with Clause 1 of Part 8.2 of Article 3 of this Federal Law, on the basis of the criteria provided for by Part 4 of this Article, establish:

1) a list of goods, works, services that meet the criteria for classifying innovative products, high-tech products;

2) provisions on the procedure and rules for the use (introduction) of goods, works, services that meet the criteria for classifying innovative products, high-tech products.

Information about changes:

Article 4 was supplemented by part 4.2 from July 1, 2018 - Federal Law

4.2. The Government of the Russian Federation determines the requirements for the criteria provided for by Part 4 of this Article and the procedure for their establishment.

5. When making a procurement, with the exception of procurement from a single supplier (executor, contractor) and competitive procurement carried out by a closed method, information about the procurement, including a notice of a competitive procurement, documentation of a competitive procurement, is placed in a single information system, with the exception of request for quotations, a draft contract, which is an integral part of the notice of competitive procurement and documentation of competitive procurement, changes made to these notices and documentation, clarifications of this documentation, protocols drawn up during the procurement, the final protocol, as well as other information, placement which in the unified information system is provided for by this Federal Law and the procurement regulations, except as provided for by parts 15 and this article. In the event that during the conclusion and execution of the contract, the quantity, volume, price of purchased goods, works, services or the terms of the contract are changed in comparison with those specified in the final protocol, no later than within ten days from the date of making changes to the contract in a single information system information is posted about the change in the contract indicating the changed conditions. When purchasing from a single supplier (executor, contractor), information on such a purchase provided for by this part may be posted by the customer in a single information system if this is provided for by the procurement regulation.

6. Procurement regulations may provide for other additional information to be posted in the unified information system.

7. The customer is additionally entitled to post the information specified in this article on the customer's website in the information and telecommunications network "Internet".

8. Notice of competitive procurement is an integral part of the competitive procurement documentation. The information contained in the notice of competitive procurement must correspond to the information contained in the competitive procurement documentation.

9. The notice of competitive procurement must contain the following information:

1) method of procurement;

2) name, location, postal address, e-mail address, contact telephone number of the customer;

3) the subject of the contract indicating the quantity of goods supplied, the volume of work performed, the service provided, as well as a brief description of the subject of procurement in accordance with Part 6.1 of Article 3 of this Federal Law (if necessary);

4) place of delivery of goods, performance of work, provision of services;

6) the term, place and procedure for providing the procurement documentation, the amount, procedure and terms for paying the fee charged by the customer for the provision of this documentation, if such a fee is established by the customer, except for the cases of providing the procurement documentation in the form of an electronic document;

7) the procedure, start date, date and time of the deadline for filing applications for participation in the procurement (stages of competitive procurement) and the procedure for summarizing the results of competitive procurement (stages of competitive procurement);

8) the address of the electronic platform in the information and telecommunications network "Internet" (when making a competitive purchase);

9) other information determined by the procurement regulation.

10. The documentation on competitive procurement must indicate:

1) requirements for safety, quality, technical characteristics, functional characteristics (consumer properties) of goods, work, services, dimensions, packaging, shipment of goods, work results, established by the customer and provided for by technical regulations in accordance with the legislation of the Russian Federation on technical regulation , documents developed and applied in the national standardization system, adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to determining the compliance of the supplied goods, work performed, services provided with the needs of the customer. If the customer in the procurement documentation does not use the requirements established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization for safety, quality, technical characteristics, functional characteristics (consumer properties) of goods, works, services, dimensions, packaging, shipment of goods, to the results of work, the procurement documentation should contain a justification for the need to use other requirements related to determining the compliance of the supplied goods, work performed, services provided with the needs of the customer;

2) requirements for the content, form, execution and composition of the application for participation in the procurement;

3) requirements for the description by the participants of such procurement of the supplied goods, which are the subject of competitive procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, the requirements for the description by the participants of such procurement of the work performed, the service provided, which are the subject of competitive procurement, their quantitative and qualitative characteristics;

4) place, conditions and terms (periods) of delivery of goods, performance of work, provision of services;

5) information on the initial (maximum) contract price (lot price), or a price formula that establishes the rules for calculating the amounts payable by the customer to the supplier (executor, contractor) during the execution of the contract, and the maximum value of the contract price, or the price of a unit of goods, work , services and the maximum value of the price of the contract;

6) the form, terms and procedure for payment for goods, work, services;

7) the procedure for forming the price of the contract (price of the lot) with or without taking into account the costs of transportation, insurance, payment of customs duties, taxes and other obligatory payments;

8) the procedure, start date, date and time of the deadline for filing applications for participation in the procurement (stages of competitive procurement) and the procedure for summing up the results of such procurement (stages of such procurement);

9) requirements for participants in such procurement;

10) requirements for participants in such a procurement and subcontractors, co-executors and (or) manufacturers of goods that are the subject of procurement, and a list of documents submitted by participants in such procurement to confirm their compliance with the specified requirements, in case of procurement of works on design, construction, modernization and repair of especially dangerous, technically complex capital construction facilities and procurement of goods, works, services related to the use of atomic energy;

11) the forms, procedure, date and time of the expiration of the term for providing participants in such a procurement with clarifications of the provisions of the procurement documentation;

12) the date of consideration of the proposals of the participants in such procurement and summarizing the results of such procurement;

13) criteria for evaluation and comparison of applications for participation in such procurement;

14) the procedure for evaluating and comparing applications for participation in such procurement;

16) other information determined by the procurement regulation.

11. Changes made to the competitive procurement notice, competitive procurement documentation, clarifications of the provisions of the competitive procurement documentation shall be posted by the customer in the unified information system no later than within three days from the date of the decision to make the said changes, the provision of the said clarifications. If changes are made to the notice of competitive procurement, the documentation on competitive procurement, the deadline for filing applications for participation in such a there remained at least half of the deadline for filing applications for participation in such a procurement, established by the procurement regulation for this method of procurement.

12. The protocols drawn up during the procurement are posted by the customer in a single information system no later than three days from the date of signing such protocols.

13. If, in the course of maintaining the unified information system by the federal executive body authorized to maintain the unified information system, technical or other problems occur that block access to the unified information system for more than one working day, the information to be placed in the unified information system in in accordance with this Federal Law and the procurement regulations, is posted by the customer on the customer's website with its subsequent placement in the unified information system within one business day from the date of elimination of technical or other problems blocking access to the unified information system, and is considered to be placed in the prescribed manner.

14. Placed in the unified information system and on the customer's website in accordance with this Federal Law and procurement regulations, information on procurement, procurement regulations, procurement plans should be available for review without charging a fee.

15. Information on the procurement of goods, works, services, on the conclusion of contracts constituting a state secret, as well as information on procurement, on which a decision of the Government of the Russian Federation was made in accordance with part 16 of this article, is not subject to placement in the unified information system. The customer has the right not to place the following information in the unified information system:

1) on the purchase of goods, works, services, the cost of which does not exceed one hundred thousand rubles. If the annual revenue of the customer for the reporting financial year is more than five billion rubles, the customer has the right not to place in the unified information system information on the purchase of goods, works, services, the cost of which does not exceed five hundred thousand rubles;

2) on the procurement of services for attracting deposits (including the placement of deposits) of funds from organizations, obtaining loans and borrowings, trust management of funds and other property, issuing bank guarantees and guarantees providing for the fulfillment of obligations in cash, opening and maintaining accounts, including letters of credit, on the purchase of brokerage services, services of depositories;

3) on procurement related to the conclusion and execution of a contract of sale, lease (sublease), an agreement on trust management of state or municipal property, another agreement providing for the transfer of ownership and (or) use rights in relation to real estate.

16. The Government of the Russian Federation has the right to determine:

1) a specific procurement, information about which does not constitute a state secret, but is not subject to placement in a single information system;

2) lists and (or) groups of goods, works, services, information on the purchase of which does not constitute a state secret, but is not subject to placement in a single information system;

Information about changes:

Part 16 was supplemented by paragraph 3 from December 31, 2017 - Federal Law of December 31, 2017 N 481-FZ

3) a list of grounds for non-placement in the unified information system of information about the supplier (contractor, performer) with whom the contract is concluded;

Information about changes:

Part 16 was supplemented by paragraph 4 from December 31, 2017 - Federal Law of December 31, 2017 N 505-FZ

4) lists and (or) groups of goods, works, services, the purchase of which is carried out by specific customers, the information on the purchase of which does not constitute a state secret, but is not subject to placement in a single information system.

17. The procedure for the preparation and adoption of acts of the Government of the Russian Federation in accordance with part 16 of this article is established by the Government of the Russian Federation.

18. Placement by customers in the unified information system of information on procurement is carried out free of charge. The procedure for placing information on procurement in the unified information system is established by the Government of the Russian Federation. The procedure for registering customers in a unified information system is established by the federal executive body authorized by the Government of the Russian Federation to maintain a unified information system.

Information about changes:

Article 4 was supplemented by part 18.1 from December 31, 2017 - Federal Law of December 31, 2017 N 505-FZ

18.1. The federal executive body exercising law enforcement functions for cash services for the execution of budgets of the budget system of the Russian Federation ensures that a register of customers registered in a single information system is maintained in a single information system. The procedure for maintaining the said register, including the information and documents included in it, the terms for posting such information and documents in the said register shall be established by the Government of the Russian Federation.

19. The customer, no later than the 10th day of the month following the reporting month, places in a single information system:

1) information on the number and total cost of contracts concluded by the customer as a result of the procurement of goods, works, services, including the total cost of contracts, information about which is not included in the register of contracts in accordance with Part 3 of Article 4.1 of this Federal Law;

2) information on the number and cost of contracts concluded by the customer as a result of the purchase from a single supplier (executor, contractor);

3) information on the number and cost of contracts concluded by the customer with a single supplier (executor, contractor) based on the results of a competitive procurement declared invalid.

20. The procedure for posting in the unified information system the information provided for by Part 2.1 of Article 1 of this Federal Law, and the requirements for such information are established by the Government of the Russian Federation. Before the entry into force of this procedure, the information provided for by Part 2.1 of Article 1 of this Federal Law shall be posted on the websites of legal entities specified in Part 2.1 of Article 1 of this Federal Law.

Information about changes:

Article 4 was supplemented by part 23 from December 31, 2017 - Federal Law of December 31, 2017 N 505-FZ

23. The following requirements are imposed on the interaction of corporate information systems with a unified information system:

1) the procedure for the formation of electronic documents to be placed in corporate information systems, information technologies and technical means used in the creation and operation of these systems should ensure the possibility of interaction between corporate information systems and a single information system. If the formation of such electronic documents is carried out in corporate information systems, the calculation of the terms for placing such electronic documents in the unified information system provided for by this Federal Law begins from the moment of fixing the time of receipt of such electronic documents in the unified information system;

2) in corporate information systems in accordance with the procedure for using a unified information system, the establishment of which is provided for by Part 6 of Article 4 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to ensure state and municipal needs", directories, registers and classifiers used in a unified information system are subject to application;

3) the exchange of information between corporate information systems and the unified information system, the methods, timing (periodicity) of information transfer via secure communication channels within the framework of this exchange are determined by the procedure for using the unified information system, the establishment of which is provided for by Part 6 of Article 4 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs";

4) electronic documents transferred from corporate information systems to a single information system are signed with an electronic signature.

Information about changes:

Article 4 was supplemented by part 24 from December 31, 2017 - Federal Law of December 31, 2017 N 505-FZ

24. Regional and municipal information systems in the field of procurement, created in accordance with Part 7 of Article 4 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and interacting with the unified information system may provide the possibility of posting information that is subject to placement in the unified information system in accordance with this Federal Law.