Procurement federal law 223. On the procurement of goods, works, services by certain types of legal entities

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 Russian Federation.

(see text in previous edition)

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.

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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. 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 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.

(see text in previous edition)

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:

(see text in previous edition)

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.

5. When making a purchase, with the exception of purchases from sole supplier(executor, contractor) and competitive procurement carried out in a closed way, information on procurement is placed in a single information system, including a notice on the implementation of competitive procurement, documentation on competitive procurement, with the exception of a request for quotations, a draft contract, which is an integral part of the notice on implementation competitive procurement and documentation on competitive procurement, changes made to these notices and documentation, clarifications of this documentation, protocols drawn up in the course of procurement, the final protocol, as well as other information, the placement of which in a single information system is provided for by this Federal Law and the regulation on procurement, except for the cases 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.

(see text in previous edition)

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

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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.

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

1) method of procurement;

2) name, location, postal address, address Email, contact phone number of the customer;

3) the subject of the contract, indicating the quantity of goods supplied, the volume of work performed, services provided, as well as short description 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 summing up the results of competitive procurement (stages of competitive procurement);

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

9) other information determined by the procurement regulation.

(see text in previous edition)

10. The documentation on competitive procurement must indicate:

1) requirements for safety, quality, technical specifications, functional characteristics (consumer properties) of the product, work, service, to the size, packaging, shipment of goods, to the results of work, established by the customer and provided 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 conformity of the goods supplied, work performed, services provided to 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 is the subject of competitive procurement, its functional characteristics ( consumer properties), its quantitative and quality characteristics, 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 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 the event of procurement of works on design, construction, modernization and repair of especially dangerous, technically complex facilities capital construction 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.

(see text in previous edition)

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 was at least half of the deadline for filing applications for participation in such a procurement, established by the procurement regulations for this method purchases.

(see text in previous edition)

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.

(see text in previous edition)

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.

(see text in previous edition)

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.

(see text in previous edition)

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) Money organizations, obtaining credits and loans, trust management of funds and other property, issuance of 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.

(see text in previous edition)

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;

(see text in previous edition)

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;

(see text in previous edition)

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;

4) lists and (or) groups of goods, works, services, the procurement of which is carried out by specific customers, information on the procurement 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.

(see text in previous edition)

Procurement under 223-FZ is mandatory published on the official website of public procurement (zakupki.gov.ru). Notices and all procurement documentation are available free of charge, without registration and in full.

Open tender under 223-FZ

What are other methods of procurement under 223-FZ

We noted above that 223-FZ provides customers with a lot of freedom. And they can abuse it beyond measure. Customers may establish in their provisions other methods of procurement, except for tender and auction, and determine their procedure.

Thousands Invented various ways purchases, the exact number of which cannot even be calculated by the Antimonopoly Service (according to FAS estimates, over 3,500).

Some of the types of procurement not directly provided for in 223-FZ:

Price request
Request for proposals
Quote request
Competitive negotiations
Two and three-stage competitions with or without pre-qualification, rebidding, etc.

This abundance of types of procurement is a breeding ground for abuse.

Priority of Russian goods under 223-FZ

On January 1, 2017, Government Decree No. 925 came into force on the priority of goods, works and services of Russian origin.

Procurement plans under 223-FZ

Customers are obliged to place procurement plans for the current year in a single information system. It is forbidden to make purchases that are not included in the schedules. You can familiarize yourself with the procurement plans under 223-FZ at the link.

Help on 223-FZ

If you experience difficulties with the application of 223-FZ or do not yet own the provisions of this law, you can contact our specialists. We gladly

In 2011, the State Duma of the Russian Federation approved the 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. Meaning 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 Procurement of Goods, Works, Services certain types 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 managed to achieve transparency of 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:

Article No. 1 223-FZ describes the goals that are planned to be achieved through the adoption of this law.
Article No. 2 contains the legal justification for conducting procurement activities.
Article 3 describes the key principles and provisions relating to the procurement of goods and services.
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.
Article No. 3.2 sheds light on the concept of competitive procurement.
Clauses No. 3.3 and No. 3.4 describe the operation of the electronic platform for the implementation of procurement transactions.
Article No. 3.5 of 223-FZ clarifies the requirements for competitive procurement by a closed method.
Subclause 3.6 specifies the requirements for purchasing from a single supplier.
Article No. 4 determines the information support of procurement processes and the list of necessary documentation.
Article No. 4.1, introduced in 2013, regulates the register of permissible contracts under 223-FZ.
Article No. 5 stipulates the introduction special register dishonest 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.
Article No. 5.1 involves an assessment of the compliance of procurement plans and changes.
Article No. 6 guarantees compliance with the requirements of Federal Law No. 223.
Article No. 6.1 regulates the control of procurement activities by the relevant departments.
Article No. 7 stipulates liability for violation of legal requirements.
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:

Comparison criterion	Federal Law No. 44	Federal Law 223-FZ
Who can act as a customer and supplier.	All budgetary organizations can act as customers. Suppliers can be individual entrepreneurs, individuals and legal entities.	The customers are companies with a state share of 50 percent or more, budget organizations that organize their own tenders without attracting public money. Suppliers - individual entrepreneurs, individuals and legal entities.
Permitted methods of conducting procurement activities.	The law allows procurement through: tender, auction, request for quotation, request for proposals. It is possible to conclude a supply contract with a single supplier.	Procurement is carried out by auction or tender. It can be either closed or open forms purchasing activities. Limited competitions and requests for quotations are also allowed. The buyer himself has the right to choose the appropriate method. The law allows for non-competitive purchases, subject to mandatory justification of the choice. The only supplier under 223-FZ is possible only as an exception.
Conditions for the implementation of agreements.	44-FZ requires mandatory enforcement of contractual obligations. In addition, according to the law, if the cost of work exceeds 50,000,000 rubles, the cost of security should be from 30% to 50% of total amount. If the contract with the supplier is drawn up for a smaller amount, then the costs of collateral will range from 5% to 30%.	According to 223-FZ, all decisions regarding the amount of security and other points are made directly by the customer.
Possibility of making changes or complete termination of the contract.	It is not possible to make significant changes to the contract after it is signed by the parties. Termination of the contract is possible on the terms described in the tender documentation.	The contract under 223-FZ may undergo any changes, subject to the mandatory indication of this feature in the procurement regulations.
anti-dumping sanctions.	Article 37 of Law No. 44 provides mandatory application anti-dumping measures.	Anti-dumping measures are not provided for in the text of the law 223-fz, however, they can be introduced at the discretion of the customer.
Possibility of appealing the actions of the customer.	The completed complaint is transferred to the FAS. After that, within two days, it is published on the procurement website and then reviewed by service specialists within five working days. Absolutely all purchases made under 44 Federal Laws are subject to a similar rule.	It is possible to file a complaint with the FAS, however, for this, such a feature must be stipulated in the contract.

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:

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.
Bank guarantee for reimbursement of the advance payment.
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:

Irrevocable.
With a certain period of validity.
With mandatory confirmation or rejection within three working days.
Containing full information about payments in case of non-fulfillment by the supplier of the terms of the contract.
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:

Registration digital signature.
Registration on the official website of public services.
Registration on the procurement website located at zakupki.gov.ru
Drafting of procurement regulations.
Understanding, compiling and placing the documentation of the procurement plan.
Full customization of a personal profile on the public procurement website.
Providing documentation to all involved parties.
Holding a competition.
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:

Type of documentation	Submission deadline	Relevant link to law
Type of documentation	Submission deadline	Article	Part
Statement of Proposed Purchases	Up to fifteen days from the date of signing.	4	1
Changes made to the original document.	Up to fifteen days from the date of approval.	4	1
Submission of information on the conduct of procurement events.	In the case of an auction or competition: a minimum of twenty days from the end of the application period. With other methods of procurement, the terms are regulated in accordance with the position of the customer.	3	2
Corrected notice.	For three days.	4	11
Information about necessary purchases.	Submitted along with the notice.	3	2
Interpretation of the features of the contract.	within three days of the request.	4	11
Approved protocols on the completion of a certain stage of procurement activities.	No more than three days after signing.	4	12
final protocol.	Within three days from the date of its compilation.	4	12
Signed contract.	No more than three days from the moment of sighting by both parties.	4.1	2
Changes to the contract.	Up to ten days from the date of the decision.	4.1	2
Report.	Until the tenth day of the month following the reporting month	4	19

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

Key changes to Federal Law 223 on Procurement 2018

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

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

More complete list 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 223-FZ, who won the competition, are electronic contract at a special site. 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 customer.

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

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

Changes in the appeal process under 223-FZ

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

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

Register of dishonest suppliers

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

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

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

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

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

Information contained in the registry

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

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

Thus, we can conclude that the execution of the contract under 223-FZ is a necessity. In case of gross violations of the terms of the contract, the organization or individual risks getting into 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. Arbitrage practice has a huge number of cases where the 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. Key Features of this Law 223-FZ became the transparency of transactions, the efficient use of financial resources and the possibility of participation of all subjects entrepreneurial activity in competitions, tenders.

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

Article 1
Article 2 Legal basis purchase of goods, works, services
Article 3. Principles and main provisions of the procurement of goods, works, services
Article 3.1. Features of procurement by legal entities implementing investment projects from state support included in the register of investment projects
Article 3.1-1. Features of the procurement of certain types of goods, works, provision of services, lease (including chartering, financial lease) by customers - state corporations, state companies, business companies, in the authorized capital of which the share of participation of the Russian Federation exceeds fifty percent, by subsidiaries, in the authorized capital of which more than fifty percent of the shares belong to the specified legal entities
Article 3.1-2. Features of procurement for the purpose of creating a work of architecture, urban planning or gardening art and (or) development on its basis project documentation capital construction projects
Article 3.1-3. Features of the conclusion and execution of the contract, the subject of which is the performance of design and (or) survey work
Article 3.2. Competitive procurement procedure
Article 3.3. Competitive procurement in electronic form. Functioning of an electronic platform for the purposes of such a procurement
Article 3.4. Features of the implementation of competitive procurement in electronic form and the functioning of the electronic platform for the purposes of the implementation of competitive procurement, the participants of which can only be small and medium-sized businesses
Article 3.5. Requirements for competitive procurement carried out by a closed method
Article 3.6. Requirements for the purchase from a single supplier (executor, contractor)
Article 4. Procurement information support
Article 4.1. Register of contracts concluded by customers
Article 5. Register of dishonest suppliers
Article 5.1. Conducting a conformity assessment and monitoring of the conformity of procurement plans, drafts of such plans, changes made to such plans, draft changes to such plans, annual reports the requirements of the legislation of the Russian Federation, providing for the participation of small and medium-sized businesses in the procurement
Article 6. Control over compliance with the requirements of this Federal Law
Article 6.1. Departmental control of procurement activities
Article 7
Article 8

The peculiarity of the law 223-FZ is that it establishes only certain frameworks within which the customer is given freedom of choice. But if for experienced buyers this is a boon, then for beginners, because of this, many questions arise. In this material, we have tried to present basic information about corporate procurement in an easy and accessible way.

Difference from 44-FZ

The strict Law 44-FZ, under which state and municipal customers are required to conduct purchases, gives rise to much less choice. In contrast, work on 223-FZ involves:

that customers independently develop rules for conducting procurement procedures, which are prescribed in Procurement Regulations;
that the person entrusted with the procurement may be any specialist in the organization(professional education is not required);
that bidding can be arranged on any electronic trading platforms(there are more than 150 of them).

Who is subject to the law 223-FZ

If we simplify the provisions of paragraph 2 of Article 1 of Law 223-FZ and state them in an accessible language, then all customers can be divided into three groups:

Registration in ERUZ EIS
From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

State companies and corporations, subjects of natural monopolies. The share of state participation in such organizations - over 50%.
Subsidiaries of the organizations referred to in paragraph 1, in which the share of the state parent is over 50%. And also the daughters themselves subsidiaries on same conditions.
State and municipal unitary enterprises And budget institutions- in terms of purchases on own income or received grants, as well as in cases where they themselves are executors of contracts and involve third parties under the contract.

Preparation for procurement activities

Before making purchases, the customer can go through preparatory stage . It consists of several steps:

Obtaining an electronic digital signature. To do this, you need to contact any certification center that issues a cap for trading.
Registration on the public procurement website zakupki.gov.ru.
Development and approval of Procurement Regulations.
Drawing up a procurement plan and publishing it in the EIS (on the public procurement website).
Acquaintance with personal account EIS and its settings.

As for, then it must provide for the following:

Methods used by the customer to determine the supplier.
The order of the procedures.
Everything about timing.
Supplier evaluation criteria.
The procedure for concluding, amending and terminating a contract.
Payment order.
Responsibility of the parties and the procedure for resolving disputes.

Publication of information in the EIS

Law 223-FZ requires the customer to place in the EIS not only the Procurement Regulations, but also other documents:

purchasing plans,
purchase notices,
documentation, including a draft contract,
protocols that are drawn up during the procurement.

There is information that in the EIS can't be posted. This is the purchasing information:

related to state secrets;
included in the list from the order of the Government No. 2027-r.

In addition, the customer has the right not to publish procurement information in the EIS if the price of the contract less than 100 thousand rubles. And if the revenue is more than 5 billion rubles a year, then you can not place purchases with a price up to 500 thousand rubles. Since 2018, it has been allowed not to publish information about some other purchases related to real estate management and the placement of funds on deposits and deposits.

The most important thing for the customer

The main thing to remember is - the need to post the Procurement Regulations in the EIS. If this is not done, then the customer will lose the right to purchase under 223-FZ. In this case, its procurement activities will be regulated by Law 44-FZ.

One more important point - comply with all deadlines . They are:

The Procurement Regulation, as well as its changes, must be placed in the EIS within 15 days from the date of approval;
for placing a notice of purchase is given 20 days before the closing date for applications;
to post changes to the notice - 3 days;
placement of procurement documentation together with the publication of the notice;
clarifications that the customer gives to the participants' requests are published no later than 3 days from the date of receipt of the request;
protocols that are drawn up during the procurement must be posted within 3 days;
for the publication of the signed agreement is given 3 days;
amendments to the contract are posted no later than 10 days;
- not later than 10th(for the past month);
once a year - before February 1 year following the reporting year - the customer places a procurement report from SMEs.

There are also minimum deadlines for accepting applications from participants. They vary depending on the type of procedure and whether the provider is a SME. These terms are presented in the following table.