Job description of the head of the tender department 223 fz. Job description of the head of the tender department. Provide advice and suggestions on issues within its competence

Municipal and state unitary enterprises are commercial organizations who do not own the property assigned to them. It belongs to the state, region or municipality. What changes in the procurement of state unitary enterprises and municipal unitary enterprises occurred in 2018 and are expected in 2019, read in the article.

How MUPs and SUEs buy

Art. 15 of the Law on contract system. Since 2017, all of them have been transferred to 44-FZ. This requirement did not affect only federal state unitary enterprises, the list of which was approved by the Government. However, exceptions were introduced one at a time.

In 2018, you can purchase under 223-FZ in the following cases:

at the expense of gratuitously received grants, regardless of whether they are received from citizens or legal entities, as well as at the expense of subsidies from the treasury of any level;
when purchasing, in which the MUP or SUE acts as a contractor under the contract in case of involving third parties for the supply of goods, performance of work or provision of services;
in procurement procedures that do not involve budgetary funds.

About the last paragraph, new to 44-FZ, we will describe in more detail later. In order to purchase under 223-FZ, an enterprise must approve and place in the EIS a procurement regulation before the beginning of the year in which it intends to carry out procedures. Decision on purchases under 223-FZ cannot be changed in the current year.

Sometimes purchases are made at the expense of tenants and homeowners in apartment buildings. What to do in this case, the Ministry of Finance said in its letter dated January 29, 2018 No. 24-01-07 / 4711. The department clarified an exhaustive list of situations when it is possible not to apply 44-FZ. There are no procedures that are carried out at the expense of the residents of the houses. This means that such purchases are carried out in accordance with the Contract System Law.

Changes since 2018

Since 2018, unitary enterprises have been allowed to carry out more procurement procedures under 223-FZ. On June 21, the State Duma adopted Federal Law No. 174-FZ dated June 29, 2018. Some provisions of the Federal Law on SUEs and MUPs came into force on June 29, 2018. He allowed municipal unitary enterprises and state unitary enterprises to purchase according to 223-FZ at their own expense. Amendments have already been made to Art. 15 44-FZ.

Under own funds understand the money received from income-generating activities from individuals and legal entities. This may be, among other things, activities included in the list of basic ones according to the constituent documents. True, this rule does not apply to funds that are intended for the provision and payment medical care for compulsory health insurance. What actions to take SUE and MUP to carry out purchases under 223-FZ according to the new rules, the expert will tell

GUP and MUP returned back. Three valuable tips on 223-FZ

SUE and MUP became the object of the experiment. At first they worked under Law No. 223-FZ. Then, in order to increase the efficiency of procurement, they were transferred to procurement under the law on the contract system. The transfer did not justify itself, the State Unitary Enterprise and the Municipal Unitary Enterprise are again on 223-FZ. We will tell you how to work now for those who got back to the future, and we will give three valuable tips that you can learn about only in practice.

Changes since 2019: liquidation of SUE and MUP

The FAS proposed to liquidate state and municipal unitary enterprises that operate in competitive markets (Draft Federal Law No. 554026-7 of September 25, 2018). The reason, according to the department, is that through the state unitary enterprise and the municipal unitary enterprise, customers are avoiding purchases under Law No. 44-FZ. The draft federal law is being considered in the State Duma.

the enterprise is created on the basis of a federal law, an act of the President or the Government;
federal agencies are founders executive power who develop and implement state policy in the field of defense and security;
the company operates in the field of natural monopolies.

Whether the enterprise meets the listed requirement or not, will be determined by the Federal Antimonopoly Service. It will be impossible to register and create a new SUE or MUP without the consent of the controller. If a unitary enterprise does not meet the conditions from the list, the founder is obliged to abolish it before January 1, 2021. If the requirement is not met, the State Unitary Enterprise and the Municipal Unitary Enterprise will be liquidated in court on the basis of the FAS claim.

The specialists of the regulatory body explained: with the help of the State Unitary Enterprise and the Municipal Unitary Enterprise, customers avoid competitive procedures under Law No. 44-FZ - they transfer budget funds in the form of subsidies to subordinate enterprises for the purpose of procurement for the needs of the institution. It is the work of unitary enterprises in economic activity renders the most Negative influence to compete in local markets. The project was approved and submitted to the State Duma by the Government.

How SUE and MUP to switch to Law 223-FZ

Until October 1, the enterprise has the right to change the procurement plan, as well as amend the regulation or approve it in order to fall under the 223-FZ. If the organization does not have time to do this, then by the end of the year it will purchase according to 44-FZ. It will be possible to switch to the Law on Procurement by Certain Types of Legal Entities from the new year, if the provision is placed before December 31, 2018. We also recommend changing the procurement plan and schedule under 44-FZ, excluding from them those items that will be purchased under 223-FZ.

How to attract collaborators

Sometimes, in the execution of contracts, it is necessary to involve co-executors. Municipal and state unitary enterprises are no exception. The Ministry of Finance told in its letter of December 22, 2017 No. 24-04-08 / 87329 how to attract third-party organizations.

If a unitary enterprise acts as a contractor under a government contract and engages co-executors, it can apply 223-FZ, but only to the extent that is necessary for the execution of a government contract concluded under 44-FZ. If an agreement was initially concluded under 223-FZ, then co-executors are involved in accordance with the norms of the Law on the contract system.

In 2020, the news was the introduction of adjustments to the Federal Laws: No. 44-FZ dated 05.04.13 (hereinafter 44 FZ) and No. 223-FZ dated 07.18.11 (hereinafter 223 FZ). Since 01/01/17, the mechanism for the acquisition of goods (services) by unitary institutions (SUE and MUP) has changed dramatically.

Now organizations of this type, when carrying out procurement activities, are also required to be guided by 44 Federal Laws, which regulate the fundamentals and principles of contractual procurement.

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Until 2020, the scope of the procurement system was regulated by Law 223 FZ, which allowed all purchases to be made at the discretion of the buyer, based on the industry of the organization. The procurement system was more flexible, there were no strict rules in this area.

This circumstance opened up the possibility for a number of customers to resort to different methods of ensuring the possibility of conducting purchases from a single supplier. With the transition, the procedure for purchasing goods has become subject to strict rules and is based on fair competition.

What awaits the enterprise after January 1, 2020

From 01/01/17, the State Unitary Enterprise and the Municipal Unitary Enterprise continue to carry out procurement activities in accordance with the requirements of 223 Federal Law only partially, in the following situations:

establishment as an executor under a contract with the involvement of other participants in the work;
grant purchase.

The customer should take into account that the procurement regulation must be timely drawn up and published in the system, which is called the unified information system (EIS).

The main part of purchases during the transition is carried out through the following open channels:

competitive;
auction;
request for quotations;
request for proposals.

Buyers use these competitive methods to attract contractors when making purchases.

Goods included in the list approved by the Government (Decree No. 471-R) can only be purchased through an auction.

Purchase from sole supplier(contractor) is possible in certain situations and is limited by volume. It is necessary to include in the schedule of acquisitions from small businesses, which are mandatory.

The transition established a strict order of conduct unitary organizations purchase. The Law specifies in detail which purchases can be used and how. If these rules are violated, administrative liability will apply.

Video: Unitary enterprises

The procedure for the transition of SUE and MUP to 44 FZ

First stage. Preparatory technical measures

To organize activities in the field of procurement during the transition of SUE and MUP to 44 Federal Laws, the presence of electronic signature(EP), which can be obtained from the Federal Treasury at the location of the organization.

Then you need to register in the EIS as a buyer. In order to start working in the electronic system and make purchases, individual institutions will need to re-register.

Second phase. Training of specialists, establishment of a contract service or approval of a contract manager

Law 44 FZ outlines the criteria that contract employees must meet. The manager and employees of the contracting service must provide a diploma of higher education.

In this regard, if the buyer's total purchase volume per year is more than one hundred million rubles, then it is necessary to establish a contract service. There is no need to create an additional department of the enterprise.

If the total volume of purchases per year does not exceed one hundred million rubles, and there is no contract service, a contract manager is appointed who is responsible for the execution of procurement contracts.

The customer reflects and consolidates organizational decisions in the following regulatory documents:

regulations (regulations) on the contract service (or contract manager);
job descriptions of employees involved in procurement activities;
consistency order, contract service, and in individual enterprises of the contract manager, with other departments of the organization.

Third stage. Procurement planning

The basic rule for organizing procurement during the transition of SUEs and MUPs to 44 FZ is optimal planning for the coming and subsequent years by developing and approving a schedule (for one year), as well as a procurement plan (it is recommended to design for a period of three years).

Each purchase has its own unique identification code, which is displayed in plans and other documents. This code includes information from the budget classification, all-Russian classifiers, and other parameters.

It should be noted that the schedule should reflect the purchases that are mandatory, made from small businesses, non-profit organizations. In the total volume per year, the number of these purchases cannot be less than 15 percent.

The law imposes requirements for its validity for each planned purchase. When developing a procurement plan, it is necessary to justify the objects of procurement. When the schedule is submitted for approval, the initial (maximum) cost of the contract must be justified.

Fourth stage. Publication of procurement plans in the EIS

When the organization has adopted a plan for the financial and economic activities of the enterprise, after that, procurement plans are drawn up within ten working days.

Three working days are given from the moment of approval of the procurement plans and the schedule for their publication in the EIS.

Fifth stage. Formation of a procurement commission

To conduct procurement activities, it is supposed to establish a procurement commission. The decision to form a commission must be made before the start of procurement.

The order of work of the commission, its composition, the appointment of the chairman are fixed in the Provision on the procurement commission and fixed by order. These documents are mandatory.

There are five types of commissions. The question of which commission will be established at the enterprise is decided by the customer.

It should be borne in mind that the number of members of the commission depends on its type. Thus, the unified, auction or tender commission may include at least five employees of the enterprise (including the chairman of the commission), and the quotation or commission for consideration of applications for participation in the request for proposals and final proposals may include at least three (including the chairman of the commission).

Sixth stage. Approval of additional regulations required in procurement activities

In order to organize the correct activities in the field of procurement, the customer must also prepare the following documentation:

an order to appoint an expert or form a commission for acceptance;
standard form of expert opinion (examination certificate);
position on the acceptance of goods;
contract project models;
procurement document standards;
orders on the appointment of employees responsible for other issues in the field of procurement (for monitoring commercial offers, development terms of reference and etc.)

The unitary enterprise should also make changes / additions to the Procurement Regulations or approve a new one.

transformation

One of the possible actions of MUP and PMU in the light of introducing radical changes in the rules for organizing procurement is their reorganization in the form of transformation.

It is possible to reorganize a unitary institution into:

state or municipal, as well as autonomous non-profit enterprise;
society with limited liability or joint stock company.

What's new

In 2020, the transition of SUE and MUP to 44 FZ was carried out, and there is already good news, as well as positive moments in the field of procurement.

Provisions of the Law obliging to publicly discuss purchases began to operate. The government has developed a mechanism for mandatory public discussion of purchases.

From 2020, it is prohibited to make purchases that are not included in the approved schedule. The name of the purchase must be indicated in accordance with the special catalog of items, which must be published in the EIS.

We will tell in the article what SUE and MUP should have time to do before the end of 2016 in accordance with the new rules for the transition to 44-FZ.

From this article you will learn:

how to make the transition of state unitary enterprises and municipal unitary enterprises to Law 44-FZ;

how to create a contract service and appoint a contact manager in SUE and MUP;

how to draw up and approve a schedule for SUE and MUP;

rationing of purchases for SUE and MUP;

how to specify a restriction on purchases from foreign companies.

On this moment SUE and MUP operate under Law No. 223-FZ, which, according to the government, provides a number of loopholes for the customer to mask some purchases.

In order to increase the effectiveness of measures to control customers and more rationally spend budget funds, it was decided to switch to Law No. 44-FZ, which has more stringent procurement requirements, including from a single supplier.

Until the end of 2016, all municipal unitary and state unitary enterprises will have to pass. These innovations introduced new amendments to Laws No. 223-FZ and No. 44-FZ.

Transition of State Unitary Enterprises and Municipal Unitary Enterprises to Law 44-FZ

It is worth noting that in the new rules there is an exception for SUE and MUP, which does not fall under the scope of Law No. 44-FZ. Under the law on the contract system, those purchases of enterprises that involve third parties in the execution of their contract will not pass. Grant-supported purchases are also an exception.

State Unitary Enterprises and Municipal Unitary Enterprises from 01.01.2017

Read the latest news and insights from experts on hot topics in public procurement at magazine "Goszakupki.ru"

The transition of State Unitary Enterprises and Municipal Unitary Enterprises to 44-FZ in terms of procurement is determined by Federal Law No. 321-FZ of July 3, 2016. From January 1, 2017, municipal and state unitary enterprises are required to carry out their purchases in accordance with the requirements of Law No. 44-FZ.

Seven steps to the transition of state unitary enterprises and municipal unitary enterprises to work under 44-FZ

STEP 1. Training of responsible officials
Contract manager
According to part 6 of Art. 38 of Law No. 44-FZ, the contract manager must have higher education or additional professional education in the area of procurement.
Contract service workers
According to part 6 of Art. 38 of Law No. 44-FZ, all contract service employees (including the head of the contract service) must have higher education or additional professional education in the field of procurement.
Members of the Procurement Commission
According to part 5 of Art. 39 of Law No. 44-FZ, the Customer includes in the procurement commission mainly persons who have undergone professional retraining or advanced training in the field of procurement.

In accordance with Part 3 of Art. 39 of Law No. 44-FZ, the number of members of the tender, auction or unified commission must be at least five people, the number of members of the quotation commission, the commission for considering applications for participation in the request for proposals and final proposals must be at least three people. Thus, if the Customer creates a single, competitive or auction commission, then the number of trained commission members must be at least 3 people (with a total number of commission members of 5 members), and when creating a quotation commission, a commission for considering applications for participation in request for proposals and final proposals - at least 2 people (with a total number of commission members of 3 members).

Comment: In accordance with Part 2 of Art. 76 of Law N 273-FZ 76 of December 29, 2012 "On education in Russian Federation» additional professional programs are professional development programs and professional retraining programs.
In accordance with clause 12 of the Procedure for organizing and implementing educational activities for additional professional programs, approved. By order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499, the minimum allowable period for mastering advanced training programs is 16 hours, and professional retraining programs - 250 hours.
According to the "Methodological recommendations for the implementation of additional professional training programs in the field of procurement" dated March 12, 2015, the Ministry of Economic Development of Russia and the Ministry of Education and Science of Russia (hereinafter - guidelines), the minimum period for mastering additional professional advanced training programs in the field of procurement is at least 108 hours.
Thus, the volume of training under the advanced training program in the field of procurement should be at least 108 hours, and the amount of training under the professional retraining program should be at least 250 hours. The exception is the head of the Customer, whose training should be at least 40 hours (according to methodological recommendations).

According to Article 195.3 of the Labor Code of the Russian Federation: “If this Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply.

In accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation labor law and other regulatory legal acts containing norms labor law entails:

warning or imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles, on legal entities - from 30,000 to 50,000 rubles;

for a repeated violation - shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles or disqualification for a period of one to three years; for legal entities - from 50,000 to 70,000 rubles.

STEP 2. Create a contract service or appoint a contract manager

In accordance with Part. 1, 2 Article. 38 of Law No. 44-FZ Customers whose total annual volume of purchases exceeds one hundred million rubles create contract services (with the creation of a special structural unit is optional). And if the total annual volume of purchases of the customer does not exceed one hundred million rubles and the customer does not have a contract service, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).
Implementation of the requirement
In order to implement this requirement(after making a decision to appoint a contract manager or create a contract service), the Customer is recommended to develop and approve the following information and documents:

Regulations (regulations) on the Customer's CU/CU;

Regulations for the interaction of the CS (CU) with other divisions and departments of the organization (at the request of the Customer);

Orders on the appointment of CG / contract service workers or on the assignment of duties to existing employees of the Customer's organization;

Job descriptions for CU/contract service employees (or make changes to the current instructions before 12/31/2016).

What to be guided by
1. Law No. 44-FZ of April 5, 2013;
2. Model Regulations (regulations), approved by the order of the Ministry of Economic Development No. 631 dated October 29, 2013;
3. Labor Code RF;
4. professional standard- specialist in the field of procurement (approved by order of the Ministry of Labor dated September 10, 2015 No. 625n);
5. Professional standard - an expert in the field of procurement (approved by order of the Ministry of Labor dated September 10, 2015 No. 626n).

STEP 3. Carry out procurement planning for 2017 and subsequent years

According to Part 1 of Art. 16 of Law No. 44-FZ, procurement planning is carried out through the formation, approval and maintenance of:
1) procurement plans (usually for a three-year period);
2) schedules (for 1 year).
Thus, state and municipal unitary enterprises must form and approve the procurement plan and schedule by December 31, 2017.
In the procurement plan, schedule, as well as in other documents provided for by Law No. 44-FZ, the procurement identification code is indicated (part 1 of article 23 of Law No. 44-FZ).
What to be guided by when forming identification code procurement (IKZ)
Order of the Ministry of Economic Development of Russia dated June 29, 2015 No. 422 “On Approval of the Procedure for Forming the Procurement Identification Code”.
How to be guided by the formation of procurement plans
1. Decree of the Government of the Russian Federation of November 21, 2013 No. 1043 (purchases for the needs of a constituent entity of the Russian Federation and municipal needs);
2. Decree of the Government of the Russian Federation of June 5, 2015 No. 552 (purchases for federal needs);
3. Decree of the Government of the Samara Region of November 23, 2015 No. 761 (purchases for state needs of the Samara Region).
How to be guided in the formation of schedules
1. Decree of the Government of the Russian Federation of June 5, 2015 No. 554 (purchases for the needs of a constituent entity of the Russian Federation and municipal needs);
2. Decree of the Government of the Russian Federation of June 5, 2015 No. 553 (purchases for federal needs);
3. Decree of the Government of the Samara Region of November 23, 2015 No. 750 (purchases for state needs of the Samara Region).

In addition to the formation of procurement plans and schedules, Customers should justify each purchase when forming a procurement plan, schedule.
When forming a procurement plan, the object and (or) objects of the procurement are subject to justification, and when forming the schedule, the initial (maximum) price of the contract, the method of determining the supplier (contractor, performer) (including additional requirements for procurement participants) are subject to justification.
What to be guided by in the implementation of the rationale for procurement
STEP 4. Register in the EIS

The sequence of the Customer's actions to obtain an electronic signature in order to be able to make purchases in accordance with Law No. 44-FZ is presented in the Order of the Russian Treasury No. 27n dated December 30, 2015 information system in the area of procurement.

STEP 5. Place a procurement plan, schedule in the EIS

The procurement plan and schedule are approved within ten working days after the approval of the plan of financial and economic activities of the institution.
The approved procurement plan and schedule (together with the justification for procurement) are subject to placement in a single information system within three working days from the date of approval or change, with the exception of information constituting a state secret.
What to be guided by when placing procurement plans and schedules in the EIS
Decree of the Government of the Russian Federation of October 29, 2015 No. 1168 “On approval of the Rules for placing in a unified information system in the field of procurement plans for the procurement of goods, works, services to meet state and municipal needs, schedules for the procurement of goods, works, services to meet state and municipal needs ".

STEP 6. Draw up and approve additional local acts

1. Regulations (regulations) on the commission for the implementation of procurement, the procedure for its work, as well as an order to establish a commission for the implementation of procurement, taking into account the following features:
Commission types:

competition commission;

auction commission;

quotation commission;

Commission for the consideration of applications for participation in the request for proposals and final proposals;

single commission.

Number and composition:

competitive, auction and single commission≥ 5 people (including the chairman of the commission);

quotation commission, commission for consideration of requests for proposals and final proposals ≥ 3 people (including the chairman of the commission).

2. Standard documentation for the main methods of procurement.
3. Standard draft contracts.
4. Regulations (regulations) on expertise(template of expert opinion).
5. Regulation (regulation) on acceptance goods, works, services.
6. Order on the appointment of responsible officials for conducting an "internal" examination, acceptance of goods, works, services.
7. Orders on the appointment of responsible officials in other areas(for example, those responsible for collecting commercial offers, preparing technical specifications, etc.).

STEP 7. Make changes to the Procurement Regulation or create a new one

Since 01/01/2017, SUEs, MUPs carry out purchases in accordance with 223-FZ only in two cases:
1) through grants transferred free of charge and irrevocably by citizens and legal entities... as well as international organizations that have acquired the right to provide grants on the territory of the Russian Federation ... subsidies (grants) provided on a competitive basis from the relevant budgets of the budgetary system of the Russian Federation, unless otherwise provided by the conditions determined by the grantors;
2) as a contractor in the event that other persons are involved on the basis of an agreement during the execution of this contract for the supply of goods, performance of work or provision of services necessary for the fulfillment of the obligations of this enterprise under the contract, with the exception of cases when the enterprise fulfills a contract concluded in accordance with paragraph 2 of part 1 of Art. . 93 44-FZ.
If a decision is made to continue the implementation of part of the procurement in accordance with Law No. 223-FZ, the Customer should amend the current Procurement Regulation or create a new Procurement Regulation.
At the same time, the indicated legal acts in case of their adoption by state, municipal unitary enterprises must be placed before December 31, 2016 in a single information system.
When forming a new or amending the current Procurement Regulation, the Customer should take into account, among other things:
1) innovations in the Law 44-FZ, which come into force on 01/01/2017, concerning the work of state and municipal unitary enterprises;
2) the requirements of Decree of the Government of the Russian Federation No. 925 dated September 16, 2016 “On the priority of goods of Russian origin, works, services performed, rendered by Russian persons, in relation to goods originating from a foreign state, works, services performed, rendered by foreign persons” ( comes into force on 01.01.2017).

For the information of Customers: key differences between laws No. 223-FZ and 44-FZ

Legislation of the Russian Federation

Legislation of the Russian Federation
Procurement Regulation

Electronic signature - who issues it

Treasury Department

Treasury (in some cases)
Any certification authority that issues an enhanced qualified electronic signature

Electronic platforms

5 electronic platforms of the State Order::
- RTS-tender LLC,
- OJSC "United Electronic trading floor"(Roseltorg),
- State Unitary Enterprise "Agency for State Order, Investment Activities and Interregional Relations of the Republic of Tatarstan",
- ZAO Sberbank - Automated system trades,
- CJSC "Electronic trading platform MICEX "State purchases".

The customer can use e-procurement(including electronic auction, electronic competition and other methods provided for by the Procurement Regulations) any commercial electronic platforms realizing the possibility of such purchases.

Procurement methods

Open competition - Art. 48 44-FZ;
- competition with limited participation - art. 56 44-FZ;
- two-stage competition - art. 57 44-FZ;
- electronic auction- art. 59 44-FZ;
- request for quotations - § 3 44-FZ;
- request for proposals - § 4 44-FZ;
- the only supplier (contractor, performer) § 6 44-FZ;
- closed methods - §5 44-FZ.

According to Part 3 of Art. 3 223-FZ
- contest;
- auction;
- as well as other methods of procurement that may be provided by the customer in the Procurement Regulations.

Contract service (contract manager)

Mandatory creation of a contract service or appointment of a contract manager

Not provided for by 223-FZ

Purchasing Commission

Art. 39 FZ No. 44
It must be created during all procurement procedures, with the exception of procurement from a single supplier (contractor, performer).

paragraph 4 of Art. 447 of the Civil Code of the Russian Federation
Must be created during the competition.
In other cases, the creation of a procurement commission takes place in accordance with the Procurement Regulations of the customer.

Procurement training

Mandatory for:
contract manager
Contract service workers
The predominant number of members of the procurement commission

Not required but possible

Anti-dumping measures during tenders and auctions

Apply according to Art. 37 44-FZ during tenders and auctions.

223-FZ not installed

National Treatment

When customers make purchases for goods originating from a foreign state or a group of foreign states, works, services, national treatment is applied.
Import substitution mechanisms:

Special conditions admission (for example, Order of the Ministry of Economic Development of Russia dated March 25, 2014 No. 155, etc.)
Limitation of admission (for example, RF Government Resolution No. 1289 dated November 30, 2015, RF Government Resolution No. 102 dated February 5, 2015, etc.)
Prohibition (for example, RF GD No. 656 dated July 14, 2014, RF GD No. 1236 dated November 16, 2015, RF GD No. 791 dated August 11, 2014, etc.)

As of 10/01/2016: Decree of the Government of the Russian Federation No. 925 dated 09/16/2016 “On the priority of goods of Russian origin, works, services performed, provided by Russian persons, in relation to goods originating from a foreign state, works, services performed, provided foreign persons” - hereinafter Decree of the Government of the Russian Federation No. 925. (enters into force on 01.01.2017)

Indication of the trademark, manufacturer, country of origin when describing the object of procurement

The description of the object of procurement shall not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, as well as requirements for goods, information, works, services, provided that such requirements entail a limitation on the number of bidders, unless there is no other way that provides a more accurate and clear description of the characteristics of the subject matter of the procurement. (part 1 of article 33 44-FZ)

You can indicate trademarks, manufacturer, country of origin (if the prohibition is not contained in the Procurement Regulations), taking into account the provisions of Decree of the Government of the Russian Federation No. 925 and other legal acts regulating national treatment and import substitution.

Justification of the initial (maximum) price of the contract (agreement), methods

According to Art. 22 44-FZ: The initial (maximum) contract price (the price of a contract concluded with a single supplier is determined and justified by the customer by applying the following method(s):
1) method of comparable market prices (market analysis);
2) normative method;
3) tariff method;
4) design and estimate method;
5) costly method.

Justification is not required (unless otherwise provided in the Procurement Regulations)

Requirements for procurement participants

All procurement participants are assigned uniform requirements(Article 31 44-FZ), but additional requirements are also established for participants in certain types of purchases, namely tenders with limited participation, two-stage tenders, auctions (Part 2 of Article 31 44-FZ; RF GD dated 04.02.2015 No. 99 ).

The list of requirements for the procurement participant is determined by the customer independently and is indicated in the Procurement Regulations. At the same time, the list of requirements must be exhaustive, and the requirements themselves must be measurable (clause 4, part 1, article 3 of the Federal Law No. 223). When establishing requirements, discrimination and unreasonable restrictions on competition in relation to procurement participants should be avoided (clause 2, part 1, article 3 of the Federal Law No. 223).

The customer has the right to establish a requirement for the absence of a procurement participant in the register of unscrupulous suppliers (part 1.1 of article 31 of the Federal Law No. 44, clause 7 of article 3 of the Federal Law No. 223).

Providing Benefits

1. Obligation of the customer to make purchases in the amount of at least 15% of the total annual volume of purchases from small businesses (hereinafter SMP), socially oriented non-profit organizations (hereinafter SONKO)
(part 1 of article 30 of the Federal Law No. 44).
2. For institutions and enterprises of the penitentiary system, advantages are provided in relation to the contract price they offer in the amount of up to 15% (Article 28 of the Federal Law No. 44).
3. For organizations of the disabled, benefits are provided in relation to the contract price they offer in the amount of up to 15% (Article 29 of the Federal Law No. 44).

1. The law obliges customers to make purchases from small and medium-sized businesses (clause 2, part 8, article 3 of Federal Law No. 223).
At the same time, the obligation to purchase from SMEs arises from customers whose annual revenue from the sale of products (sales of goods, performance of work, provision of services), according to the annual accounting (financial) statements for the previous calendar year, exceeds 2 billion rubles.

According to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, the Customer is obliged to make purchases from small and medium-sized businesses (hereinafter referred to as SMEs) in the amount of at least 18% of the total volume of contracts concluded by customers as a result of purchases. At the same time, the total annual value of contracts concluded as a result of procurement, in which only SMEs are participants, must be at least 10% of the total annual value of purchases.

Procurement planning

Procurement plan for the period of the budget law (generally 3 years)
Schedule for 1 year

Procurement plan for 1 year
Plan for the purchase of innovative products, high-tech products, medicines for a period of 5 to 7 years (part 3 of article 4 of Law N 223-FZ).

Purchasing justification

Mandatory procurement justification is a separate document for the procurement plan and schedule

Not provided for by 223-FZ

Examination of delivered goods, performed works, rendered services

Art. 41, part 3 of Art. 94 44-FZ
the customer is obliged to carry out an examination of the delivered goods, the results of the work performed, the services rendered, as well as individual stages of the execution of the contract.
Examination of the results stipulated by the contract can be carried out:
- by the customer (internal expertise);
- with the involvement of experts, expert organizations (external expertise).

Not provided for by 223-FZ
(may be provided for by the Procurement Regulations).

Conclusion and amendment of the terms of the contract (agreement)

The contract is concluded on the terms stipulated by the notice of procurement and the procurement documentation, Part 1, Art. 34 44-FZ.
The price of the contract is fixed and is determined for the entire duration of the contract (part 2 of article 34 of 44-FZ).
The volume of goods can only be increased by an amount not exceeding the difference between the NMTsK and the participant's proposed price in the event of a tender or auction (part 18 of article 34 44-FZ), if such a possibility was provided for by the procurement documentation.
Changing the essential terms of the contract during its execution is not allowed, with the exception of their change by agreement of the parties in several cases, provided for in Part 1 of Art. 95 44-FZ.

When concluding and executing a contract, the volume, price of purchased goods, works, services or the terms of the contract can be changed (part 5 of article 4 223-FZ).

Liability clause in the contract

Ch. 4 Art. 34 44-FZ
The contract includes a mandatory condition on the responsibility of the customer and the supplier (contractor, performer) for non-fulfillment or improper fulfillment of the obligations stipulated by the contract.

Not provided for by 223-FZ
(may be provided in the Procurement Regulations)

Procurement reporting

h. 9-12 Art. 94 44-FZ, RF PP No. 1093 dated November 28, 2013, oblige the customer to post in the EIS no later than 7 working days from the date of execution of the contract a report on the execution of the contract (the results of a separate stage of the contract).

Also, the customer is obliged to post in the EIS a report on purchases from SMP and SONCO before April 1 of the year following the reporting one (Decree of the Government of the Russian Federation of March 17, 2015 No. 238).

Part 19 Art. 4 223-FZ
The customer, no later than the 10th day of the month following the reporting month, places in the EIS:
1) information on the number and total cost of contracts concluded by the customer as a result of the procurement of goods, works, services by competitive methods;
2) information on the number and total cost of contracts concluded by the customer as a result of procurement from a single supplier (executor, contractor);
3) information on the number and total cost of contracts concluded by the customer as a result of the procurement, information about which constitutes a state secret;
4) information on the number and total value of contracts,
concluded by the customer based on the results of the purchase from the SMSP.

Information on the annual volume of purchases that customers are required to make from small and medium-sized businesses is posted in a single information system no later than February 1 of the year following the last calendar year. (part 21 of article 4 223-FZ) is drawn up in accordance with the requirements approved by Decree of the Government of the Russian Federation of December 11, 2014 N 1352.

The Chamber of Commerce and Industry of the Samara Region is ready to assist State Unitary Enterprises and Municipal Unitary Enterprises in the transition to work under Law No. 44-FZ on the following issues:

In drafting the necessary local acts (regulations on the contract manager / contract service, regulations on the commission, templates for an expert opinion, etc.);

In drafting procurement plans, schedules, procurement justifications;

In the training of officials under advanced training programs and vocational training(from 40 to 256 hours) with the issuance of a certificate of advanced training or a diploma of professional retraining;

In advising on all arising in the process of transition to procurement in accordance with Law No. 44-FZ;

In the audit of documents drawn up by you that regulate the procurement processes in accordance with Law No. 44-FZ (including procurement plans, schedules, local acts).


	Legislation of the Russian Federation		Legislation of the Russian Federation Procurement Regulation
Electronic signature - who issues it	Treasury Department		Treasury (in some cases) Any certification authority that issues an enhanced qualified electronic signature
Electronic platforms	5 electronic platforms of the State Order:: - RTS-tender LLC, - OJSC "United Electronic trading floor"(Roseltorg), - State Unitary Enterprise "Agency for State Order, Investment Activities and Interregional Relations of the Republic of Tatarstan", - ZAO Sberbank - Automated system trades, - CJSC "Electronic trading platform MICEX "State purchases".		The customer can use e-procurement(including electronic auction, electronic competition and other methods provided for by the Procurement Regulations) any commercial electronic platforms realizing the possibility of such purchases.
Procurement methods	Open competition - Art. 48 44-FZ; - competition with limited participation - art. 56 44-FZ; - two-stage competition - art. 57 44-FZ; - electronic auction- art. 59 44-FZ; - request for quotations - § 3 44-FZ; - request for proposals - § 4 44-FZ; - the only supplier (contractor, performer) § 6 44-FZ; - closed methods - §5 44-FZ.		According to Part 3 of Art. 3 223-FZ - contest; - auction; - as well as other methods of procurement that may be provided by the customer in the Procurement Regulations.
Contract service (contract manager)	Mandatory creation of a contract service or appointment of a contract manager		Not provided for by 223-FZ
Purchasing Commission	Art. 39 FZ No. 44 It must be created during all procurement procedures, with the exception of procurement from a single supplier (contractor, performer).		paragraph 4 of Art. 447 of the Civil Code of the Russian Federation Must be created during the competition. In other cases, the creation of a procurement commission takes place in accordance with the Procurement Regulations of the customer.
Procurement training	Mandatory for: contract manager Contract service workers The predominant number of members of the procurement commission		Not required but possible
Anti-dumping measures during tenders and auctions	Apply according to Art. 37 44-FZ during tenders and auctions.		223-FZ not installed
National Treatment	When customers make purchases for goods originating from a foreign state or a group of foreign states, works, services, national treatment is applied. Import substitution mechanisms: Special conditions admission (for example, Order of the Ministry of Economic Development of Russia dated March 25, 2014 No. 155, etc.) Limitation of admission (for example, RF Government Resolution No. 1289 dated November 30, 2015, RF Government Resolution No. 102 dated February 5, 2015, etc.) Prohibition (for example, RF GD No. 656 dated July 14, 2014, RF GD No. 1236 dated November 16, 2015, RF GD No. 791 dated August 11, 2014, etc.)		As of 10/01/2016: Decree of the Government of the Russian Federation No. 925 dated 09/16/2016 “On the priority of goods of Russian origin, works, services performed, provided by Russian persons, in relation to goods originating from a foreign state, works, services performed, provided foreign persons” - hereinafter Decree of the Government of the Russian Federation No. 925. (enters into force on 01.01.2017)
Indication of the trademark, manufacturer, country of origin when describing the object of procurement	The description of the object of procurement shall not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, appellation of origin or manufacturer's name, as well as requirements for goods, information, works, services, provided that such requirements entail a limitation on the number of bidders, unless there is no other way that provides a more accurate and clear description of the characteristics of the subject matter of the procurement. (part 1 of article 33 44-FZ)		You can indicate trademarks, manufacturer, country of origin (if the prohibition is not contained in the Procurement Regulations), taking into account the provisions of Decree of the Government of the Russian Federation No. 925 and other legal acts regulating national treatment and import substitution.
Justification of the initial (maximum) price of the contract (agreement), methods	According to Art. 22 44-FZ: The initial (maximum) contract price (the price of a contract concluded with a single supplier is determined and justified by the customer by applying the following method(s): 1) method of comparable market prices (market analysis); 2) normative method; 3) tariff method; 4) design and estimate method; 5) costly method.		Justification is not required (unless otherwise provided in the Procurement Regulations)
Requirements for procurement participants	All procurement participants are assigned uniform requirements(Article 31 44-FZ), but additional requirements are also established for participants in certain types of purchases, namely tenders with limited participation, two-stage tenders, auctions (Part 2 of Article 31 44-FZ; RF GD dated 04.02.2015 No. 99 ).		The list of requirements for the procurement participant is determined by the customer independently and is indicated in the Procurement Regulations. At the same time, the list of requirements must be exhaustive, and the requirements themselves must be measurable (clause 4, part 1, article 3 of the Federal Law No. 223). When establishing requirements, discrimination and unreasonable restrictions on competition in relation to procurement participants should be avoided (clause 2, part 1, article 3 of the Federal Law No. 223).
	The customer has the right to establish a requirement for the absence of a procurement participant in the register of unscrupulous suppliers (part 1.1 of article 31 of the Federal Law No. 44, clause 7 of article 3 of the Federal Law No. 223).
Providing Benefits	1. Obligation of the customer to make purchases in the amount of at least 15% of the total annual volume of purchases from small businesses (hereinafter SMP), socially oriented non-profit organizations (hereinafter SONKO) (part 1 of article 30 of the Federal Law No. 44). 2. For institutions and enterprises of the penitentiary system, advantages are provided in relation to the contract price they offer in the amount of up to 15% (Article 28 of the Federal Law No. 44). 3. For organizations of the disabled, benefits are provided in relation to the contract price they offer in the amount of up to 15% (Article 29 of the Federal Law No. 44).	1. The law obliges customers to make purchases from small and medium-sized businesses (clause 2, part 8, article 3 of Federal Law No. 223). At the same time, the obligation to purchase from SMEs arises from customers whose annual revenue from the sale of products (sales of goods, performance of work, provision of services), according to the annual accounting (financial) statements for the previous calendar year, exceeds 2 billion rubles. According to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, the Customer is obliged to make purchases from small and medium-sized businesses (hereinafter referred to as SMEs) in the amount of at least 18% of the total volume of contracts concluded by customers as a result of purchases. At the same time, the total annual value of contracts concluded as a result of procurement, in which only SMEs are participants, must be at least 10% of the total annual value of purchases.
Procurement planning	Procurement plan for the period of the budget law (generally 3 years) Schedule for 1 year	Procurement plan for 1 year Plan for the purchase of innovative products, high-tech products, medicines for a period of 5 to 7 years (part 3 of article 4 of Law N 223-FZ).
Purchasing justification	Mandatory procurement justification is a separate document for the procurement plan and schedule	Not provided for by 223-FZ
Examination of delivered goods, performed works, rendered services	Art. 41, part 3 of Art. 94 44-FZ the customer is obliged to carry out an examination of the delivered goods, the results of the work performed, the services rendered, as well as individual stages of the execution of the contract. Examination of the results stipulated by the contract can be carried out: - by the customer (internal expertise); - with the involvement of experts, expert organizations (external expertise).	Not provided for by 223-FZ (may be provided for by the Procurement Regulations).
Conclusion and amendment of the terms of the contract (agreement)	The contract is concluded on the terms stipulated by the notice of procurement and the procurement documentation, Part 1, Art. 34 44-FZ. The price of the contract is fixed and is determined for the entire duration of the contract (part 2 of article 34 of 44-FZ). The volume of goods can only be increased by an amount not exceeding the difference between the NMTsK and the participant's proposed price in the event of a tender or auction (part 18 of article 34 44-FZ), if such a possibility was provided for by the procurement documentation. Changing the essential terms of the contract during its execution is not allowed, with the exception of their change by agreement of the parties in several cases, provided for in Part 1 of Art. 95 44-FZ.	When concluding and executing a contract, the volume, price of purchased goods, works, services or the terms of the contract can be changed (part 5 of article 4 223-FZ).
Liability clause in the contract	Ch. 4 Art. 34 44-FZ The contract includes a mandatory condition on the responsibility of the customer and the supplier (contractor, performer) for non-fulfillment or improper fulfillment of the obligations stipulated by the contract.	Not provided for by 223-FZ (may be provided in the Procurement Regulations)
Procurement reporting	h. 9-12 Art. 94 44-FZ, RF PP No. 1093 dated November 28, 2013, oblige the customer to post in the EIS no later than 7 working days from the date of execution of the contract a report on the execution of the contract (the results of a separate stage of the contract). Also, the customer is obliged to post in the EIS a report on purchases from SMP and SONCO before April 1 of the year following the reporting one (Decree of the Government of the Russian Federation of March 17, 2015 No. 238).	Part 19 Art. 4 223-FZ The customer, no later than the 10th day of the month following the reporting month, places in the EIS: 1) information on the number and total cost of contracts concluded by the customer as a result of the procurement of goods, works, services by competitive methods; 2) information on the number and total cost of contracts concluded by the customer as a result of procurement from a single supplier (executor, contractor); 3) information on the number and total cost of contracts concluded by the customer as a result of the procurement, information about which constitutes a state secret; 4) information on the number and total value of contracts, concluded by the customer based on the results of the purchase from the SMSP. Information on the annual volume of purchases that customers are required to make from small and medium-sized businesses is posted in a single information system no later than February 1 of the year following the last calendar year. (part 21 of article 4 223-FZ) is drawn up in accordance with the requirements approved by Decree of the Government of the Russian Federation of December 11, 2014 N 1352.