Types of competitive procedures under 44 Federal Laws. How to choose a purchasing method? Organizations of disabled people and institutions and enterprises of the penal system

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

Procurement methods under 44-FZ

First, let's look at procurement methods under 44-FZ; the table clearly shows all possible options.

Competitive procurement methods under 44-FZ

View	Subspecies	Description	Winner
Contest	Open	Like all other competitions, it is held “live”, there are no price restrictions. The most common option. Uniform requirements are imposed on all participants. Addressed to an indefinite circle of people. The notice is published in the EIS.	The one who offers the best conditions.
	With limited participation	Used when ordering complex and innovative goods and services. The winner undergoes pre-qualification. The recipients are an unlimited circle of people, the requirements for everyone are the same.
	Two-stage	In addition to the basic requirements, additional ones may be added. The winner is the one who offers the best conditions based on the results of the second stage. It is carried out to conclude a contract for scientific research, experiments, surveys, etc., as well as if it is necessary to discuss the characteristics of the object with the participants. Addressed to an indefinite circle of people.
	Closed	They differ in that the offer is sent to a limited number of people who meet certain requirements. It is used when there is a state secret or it is necessary to transport state funds, or in the case of searching for drivers and service personnel for judges and bailiffs. From 07/01/2018, the list was supplemented by purchases of federal executive authorities, which draw up and implement state policy in the field of defense, management and security, as well as state agencies subordinate to them. institutions and state unitary enterprises. The list of such bodies, institutions and enterprises has been approved
	Closed with limited participation
	Closed two-stage
Electronic tender procedures	Similar to “paper”	Similar to “paper” procedures. The customer has the right to use this method from 07/01/2018. And without fail, government customers will begin to conduct electronic competitive procedures from 01/01/2019.
Auction	Open electronically	The most popular procedure. The criterion for selecting the winner is the proposed price. It is carried out without any limit on the amount. In this case, the list of purchases that the customer is obliged to conduct in the form of an auction is established by the Government. Held . There are currently eight of them.	The lowest bidder in a step-down auction.
	Closed	There may be a fee for obtaining documentation of such an auction. The fee is set by the customer, and information about it is also indicated in the invitation to participate in the procedure. Government Order No. 1447-r dated July 12, 2018 approved a specialized trading platform for trading - AST "GOZ".
Request for quotation		Used provided that the NMCC is less than 500,000 rubles. It is carried out by directly transferring envelopes with the price to the customer. Participants are an indefinite circle of people. The notice is posted in the EIS.	The one who offers the lowest price.
Electronic request for quotations		From 07/01/2018, government customers have the right to conduct an electronic request for quotations, and from 01/01/2019 they are required to conduct them in digital form. The reasons for choosing an electronic request for quotation are similar to the “paper” one. Moreover, in the current year, the annual volume of purchases of “paper”, electronic request for quotations, or both at the same time should not exceed 10% in total and should not amount to more than one hundred million rubles ().
Request for proposals		Used to purchase medicines for patients for medical reasons, sports equipment and equipment for the Olympic and Paralympic Games if the re-competition is declared invalid. Participants are an indefinite circle of people. The notice is posted in the EIS. A request for proposals is also called a mini-competition. This is also the only scenario for selecting a contractor under a contract in which it is allowed (the ability to change the offer, for example, the price, after opening the envelopes). On August 14, 2018, Federal Law No. 311-FZ of August 3, 2018 came into force. It changed the way applications are considered during the request for proposals process. The customer was prohibited from establishing his own criteria and recognized as part 2 of Art. 32 no longer valid. On January 1, 2019, Federal Law No. 267-FZ of July 29, 2018 came into force. He added to the list of grounds for requesting proposals in electronic form: public procurement of residential premises for orphans and children without parental care from individuals. In this case, an individual must own these residential premises by right of ownership	The one whose final proposal will reflect the most ideal conditions.
Electronic request for proposals		Starting from July 2019, government customers can carry out, and from 01/01/2018 there should be a final transition to a remote method of determining the winner. It is carried out on the grounds specified for the paper request. At the same time, along with a failed competition, an electronic request for proposals can also be selected after recognition: electronic auction failed, according to Part 4 of Art. 71 44-FZ; open competition, competition with limited participation, two-stage competition, which were held in digital form, failed, according to Part 4 of Art. 55.1 of the Contract System Law.

Non-competitive procurement methods

There is only one subtype - purchasing from a single supplier. In this case, the contract is concluded without carrying out the procedure for selecting the winner, in accordance with Art. 93 of the Law on the contract system. The list of cases is closed; as of 2019, there are 55 grounds.

Examples include:

• purchasing services from monopoly companies;
• "direct" contracts;
• emergency response;
• purchasing medicines;
• recognition of competitive procedures as invalid.

Methods for determining a supplier according to 223-FZ

In this case, the customer has the right to establish in the regulations other methods of selecting a contractor. Examples may be (raising auction), multi-lot auctions and others. At the same time, the customer prescribes all the conditions for carrying out the procedure, from the grounds to options for the development of events in the event that it is declared unsuccessful.

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

Federal Law No. 44 was issued to regulate contractual relations in the field of government procurement of goods, works, and services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted at the state level. The bill was adopted in the State Duma on March 22, 2013, and 5 days later it was approved by the Federation Council. The effective date of the law is April 5, 2013.

1. (Art. 1-15) The general provisions of this law are described, i.e. in what area it is applied, basic concepts, principles of concluding contracts, etc.;
2. (Art. 16-23) Rules for planning public procurement are described here;
3. (Art. 24-96) Describes the rules by which government procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
4. (Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
5. (Art. 99-104) This chapter was frequently amended because it is one of the important components of Federal Law 44 for dummies; the articles in this chapter regulate control in the field of public procurement;
6. (Art. 105-107) This part of the legislative act contains information on dispute resolution;
7. (Articles 108-111) Each article in this chapter is devoted to the peculiarities of concluding and executing a contract for certain types of government procurement;
8. (Art.-112-114) The last chapter contains final information of Federal Law 44 for dummies.

The above chapters were amended by government authorities on June 7, 2017. Federal Law 44 came into force for dummies on June 18, 2017.

Basic moments

To participate in government procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

• meet the criteria specified in Russian legislation so that persons have the right to supply goods (services);
• the supplier's company is not at the stage of bankruptcy or liquidation;
• the activities of the supplier’s company are not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
• the supplier’s organization has no debt obligations for taxes and fees;
• the person acting as a potential supplier should not have a criminal record in the field of economic crimes;
• according to 44 Federal Law for Dummies, there is no conflict of interest when concluding a contract;
• The supplier's company does not belong to offshore organizations.

Conditions for public procurement:

• All transactions for the purchase of goods (services) are concluded through a specially designed website;
• Customers indicate their data in the system (data is indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading platforms;
• All potential suppliers have the right to find orders that are suitable for them in the search engine on the government procurement website, then take part in the auction;
• According to 44 Federal Laws for Dummies, when the customer chooses the most profitable option for himself, he enters into a contract with the supplier. Based on the contract, the parties fulfill their obligations.

Difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a limitation for dummies - government procurement is carried out only from one supplier.

The requirements for customers in both laws are different.

According to Federal Law 44 for dummies, the following can act as customers:

• state budgetary institutions;
• municipal.

According to Federal Law 223 for dummies, the following have the right to act as customers:

• enterprises where the state share is more than 50%;
• organizations engaged in certain types of activities - water supply, energy, etc.;
• monopolistic organizations - gas, Russian Railways, etc.;
• budgetary organizations that carry out public procurement using extra-budgetary funds (for example, through grants).

Procurement under 44 Federal Laws: where to start?

It is difficult to begin the procedure for participation in public procurement. All the most important things you need to know from Federal Law 44 on government procurement:

• study Federal Law 44 for dummies;
• prepare a package of documents confirming the organization’s rights to participate in the auction;
• prepare a package of documents for the product (service) that meets the customer’s requirements;
• develop a system of activities that are carried out before the conclusion of a contract;
• appoint responsible persons for carrying out events.

To conclude a contract, it is necessary to take into account the deadlines established by Federal Law 44.

Download the text of the law

According to Federal Law 44 for dummies, government procurement is divided into:

• competitions;
• auctions (electronic ordering);
• quotes;
• government procurement from a single supplier.

To become a supplier, you need to study Federal Law 44 for dummies. You can download the Federal Law “On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs” at .

In the most general form, competitive types of procurement can be divided into bidding and non-bidding procedures. Bidding is a purchase conducted through a competition or auction. Based on the results of the auction, the customer must enter into an agreement with the participant who offered the best conditions. Non-trading procedures include all other competitive procedures, including request for prices, request for proposals, competitive negotiations, etc. The non-trading procedure can be completed by the customer without selecting a winner. Any trading or non-trading procedure can take place in one or several stages. Thus, the following main procurement procedures can be distinguished:

1. Trading procedures:

• A one-stage tender is a competitive trading method of procurement in which the winner is the procurement participant who offered the best terms for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing applications established in the tender documentation.
• A two-stage tender is a competitive trading method of procurement, in which, at the first stage, the customer requests from procurement participants the proposals necessary to clarify the tender documentation regarding the technical, quality and other characteristics of goods (works, services). At the second stage, the winner is the procurement participant from among those admitted to the second stage of the competition, who offered the best conditions for the execution of the contract in accordance with the criteria and procedure for evaluating and comparing applications established in the competition documentation.
• A one-stage auction is a competitive trading method of procurement in which the winner is the procurement participant who offered the lowest contract price or, if during the auction the contract price is reduced to zero and the auction is held for the right to conclude a contract, the highest contract price.
• A two-stage auction is a competitive trading method of procurement, in which, at the first stage, the customer requests from procurement participants the proposals necessary to clarify the auction documentation regarding the technical, quality and other characteristics of goods, works or services. At the second stage, the winner is the procurement participant from among those admitted to the second stage of the auction who offered the lowest contract price or, if during the auction the contract price is reduced to zero and the auction is held for the right to conclude a contract, the highest contract price.

2. Non-trade competitive procedures:

• A one-stage request for proposals is a competitive non-trade procurement method in which the customer informs in advance an indefinite circle of suppliers (contractors, performers) about the need for goods (works, services), invites them to submit proposals and can conclude an agreement with the procurement participant whose proposal most meets the requirements customer.
• A two-stage request for proposals is a competitive non-trade procurement method, in which at the first stage the customer attracts proposals from suppliers (contractors, performers) regarding the technical, quality and other characteristics of goods, works or services. At the second stage, the customer invites procurement participants admitted to the second stage of the request for proposals to submit proposals and can conclude an agreement with the procurement participant whose proposal best meets the customer’s requirements.
• One-stage request for quotations is a competitive non-trade method of procurement, in which the customer informs in advance an indefinite circle of suppliers (contractors, performers) about the need for goods (works, services), establishes all requirements for it and contractual terms, except for the price, and invites procurement participants to submit price proposals and can conclude an agreement with the procurement participant whose offer has a minimum price.
• A two-stage request for quotations is a competitive non-trade method of procurement, in which at the first stage the customer attracts proposals from suppliers (contractors, performers) regarding the technical, quality and other characteristics of goods, works or services. At the second stage, the customer establishes all requirements and contractual terms, except for the price, invites procurement participants admitted to the second stage of the price request to submit price proposals and can conclude an agreement with a qualified procurement participant whose proposal has a minimum price.
• Competitive negotiations are a competitive non-trade method of procurement, in which the terms of the contract concluded as a result of competitive negotiations are discussed during negotiations between the customer and each of the procurement participants and are recorded in the minutes of negotiations, and the customer can conclude an agreement with the procurement participant who offered the best conditions.

In each of the above procedures, the customer may establish a requirement for pre-qualification of participants. As part of any procedure, the purchase can be divided into several lots. In cases directly provided for by 223-FZ, the procurement procedure can be carried out behind closed doors - in this case, only potential suppliers specially invited for this purpose by the customer are allowed to participate in the procurement. Thus, in a closed procedure, competition is limited, since any potential supplier cannot be admitted to a closed procurement, and therefore the cases of using closed procedures are strictly limited by law. There is no competition in the procurement procedure from a single supplier, otherwise known as “direct procurement”. This is a non-competitive procurement method in which the customer offers to conclude a contract with only one supplier (contractor, performer).

What types of procurement are there under 223-FZ, and do they differ from the types of procurement under 44-FZ? Law No. 223-FZ gives a regulated organization the right to independently determine in its Procurement Regulations those situations in which it will enter into a contract based on the results of direct procurement. However, each case of using direct procurement must be justified and economically feasible in order to prevent a situation of unjustified restriction of competition during the tender.

The selection of performers occurs using different methods: either competitive or non-competitive. Let's see their differences and how to choose:

1 All methods of procurement within the framework of 44-FZ from July 1, 2018.

At the moment, there are different purchasing methods, let’s look at them in the picture, and below we’ll look at each of them.

2. Competitive method of procurement under 44-FZ from July 1, 2018

Competitive procurement methods- this is a type of procurement in which tenders are held, as a result of which the winning person is selected.

Contest- a method of determining the contractor by holding a tender; the winner is the participant who offers the best terms for the transaction. If you need help finding competitions, tenders or auctions, you can use.

1. Open competition- this is one of the subtypes of competitions in which information about its conduct is available to many people who want to take part in it, since information about the conduct is posted on and any interested person who meets the procurement requirements can take part in it. The winner is the person who offered the most favorable ratio of price and terms of execution of the transaction. It can be carried out both in paper and electronic form. Read more about the open competition.

2. Competition with limited participation- this is one of the subtypes of competitions in which a complex category of goods is purchased; any interested person can take part, provided they have the required qualifications. The winner is the person who offered the most favorable ratio of price and terms of execution of the transaction. It can be carried out both in paper and electronic form.

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3. Two-stage competition- this is one of the subtypes of competitions in which procurement takes place not only according to the main criteria, but also according to additional ones. It consists of two stages; at the second stage, the winner is selected who was able to offer the most favorable ratio of price and terms of execution of the transaction. It is used when conducting complex technical experiments, in cases where there are certain details in the execution that need to be discussed in advance. Any person who meets the stated requirements can take part. It can be carried out both in paper and electronic form.

4. The last subtype combines three different competitions at once, these are:

• Closed two-stage competition

These subspecies are combined into one because they have one definition:

This subtype differs from others in that a certain circle of people can take part in such purchases. To participate in these procurements, persons must have all the resources to execute the transaction and receive an invitation notice. As a rule, this type of procurement is associated with government, secret tenders. The winner here is the person who offered the most favorable ratio of price and terms of execution of the transaction. It can be carried out both in paper and electronic form.

Auction- a type of procurement carried out only in electronic format, in which all interested participants who have passed through the selected ETP and received can take part. Full information about the auction can be found in our.

1. Open auction in electronic format- this subtype is the most popular, since the winner is selected by the proposal of the price value of the transaction during the bidding. It is carried out on, of which there are currently 6. Regulated by the government.

This is the most popular method of procurement, since this method is the fastest of all possible. But there are a number of restrictions, for example, the initial maximum price should not exceed more than 500 tr. When carrying out this procurement method, the participant hands over the envelope with the application to the customer or sends it through the ETP; any person who sent his application on time can participate. The notice of the event can be found on the EIS website. The winner is the person who offered the lowest total transaction price. You can read more about requesting quotes.

Any interested person who meets all the stated requirements can take part in this form. As a rule, this type of procurement is used in accordance with the established Government list. The announcement is posted on the official EIS resource. The winner will be the person with the most ideal conditions for completing the transaction. You can read more.

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3. Non-competitive methods of determining procurement

Non-competitive procurement has only one subtype - purchase from a single contractor. In this type of procurement, bidding and participation in them are not implied in principle, since the customer himself chooses with whom to enter into a contract and sends it directly to the contractor. Also, this type of procurement is carried out in cases where one application was submitted in competitive types of procurement. You can read more about this type of service.

4. Video instructions for purchasing methods under 44-FZ

For a guaranteed result in tender procurement, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization is a small business, you can get a number of advantages: advance payments for government contracts, short payment terms, conclusion of direct contracts and subcontracts without a tender. and work only under profitable contracts with minimal competition!

In accordance with the law, the acquisition of materials, equipment, premises, and various types of services necessary for the work of government agencies can be carried out in a competitive manner, when the choice of a supplier is made from several applicants, or from a single representative. Procurement under 44 Federal Laws allows us to minimize abuse and corruption in this process.

Purchasing methods

Federal law determines that the following methods of purchasing products and services are based on competition:

• contest;
• auction;
• request for quotations;
• request for proposals.

Purchasing from a single participant is carried out only in the case when the desired product or service is monopolized due to objective reasons, for example, protected by copyright.

Types of competitions

Federal Law No. 44 provides for the following types of competitions:

The procurement auction is carried out in electronic form, that is, all information about the object of the competition is posted on a website accessible to everyone. The auctions themselves are held on the electronic platform of a pre-selected operator, who is fully responsible for the technical aspect of their conduct.

However, only certain categories of goods, works, and services can be purchased at auction. Their list has been approved by the Government of the Russian Federation, and it is quite extensive. The following criteria apply to the auction:

• accurate, clear and detailed description of the procurement object;
• the selection of the winner should be based only on quantitative and monetary assessment.

Request for quotation

This method of determining the executor of a government order is carried out by placing information about the procurement object in a single database, and the winner of the competition is the participant who offers the lowest price for its products. However, it is worth considering that a request for quotation can only be carried out if the contract value does not exceed 500 thousand rubles.

In addition, there is one more restriction for the customer for this type of bidding - the annual volume of purchases carried out in this way cannot exceed 10% of the total annual volume of purchases of the customer and cannot be more than 100 million rubles per year.

Request for proposals

The winner of such a competition is the participant who offers the customer a product or service that optimally meets the parameters of the request. You can select a supplier using the request for proposals method only in the following cases:

• to provide sports teams with inventory, gear, and equipment;
• for treating Russians abroad;
• to provide medicines;
• for the purchase of handicraft items;
• when concluding contracts to protect the interests of citizens or the state in foreign courts.

Public procurement - how to win tenders: Video