Notice of procurement under 44-FZ: what kind of document is this, what does it contain, and where and when is it posted?

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Published: September 16, 2018

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An open tender is a competitive trading procedure in which procurement information is transmitted to an unlimited number of persons through the placement of notices and documentation in the Unified Information System. The competition participants are subject to uniform requirements under Part 1 of Art. 48 44-FZ.

• Open competition under 44-FZ: legislative regulation
• Order of conduct
• Documents for participation in the competition
• Deadlines
• Grounds for cancellation

Preparation of notice and procurement documentation

In Art. 54.1 – 54.7 44-FZ provides a definition of an open competition in electronic form (abbreviated as OKEF) and instructions for its conduct. An unlimited number of people receive information about the event, and the requirements for all participants are the same .

OKEF differs from an electronic auction:

1. Evaluation criteria. When conducting auctions, the only criterion is price . And in competitive procedures, greater importance is given to non-cost indicators (extensive experience in similar work, qualifications of employees, availability of necessary machinery and equipment).
2. The presence of rebidding. The operator of the electronic platform sends the second parts of applications and the necessary documentation to the customer after the deadline for submitting final price proposals, after drawing up the protocol (Part 7 Article 54.6, Part 1 Article 54.7 44-FZ).

Here we should make a digression and talk about rebidding in simple words for those who do not understand what we are talking about:

Rebidding is an opportunity for a participant to reduce his price offer. As soon as the open tender began to be held electronically, rebidding became a mandatory stage. With its advent, customers have the opportunity to purchase goods, work or services at the best price.

The customer has nothing to do with the rebidding. Suppliers will learn about the date of its holding from the ETP operator. The procedure is carried out on the next business day after the evaluation time for the first parts of applications has expired.

Five facts you need to know about rebidding:

1. Conducted within 3 hours;
2. The time is assigned according to the customer’s time zone;
3. One participant can reduce the price only 1 time;
4. You don't have to improve your price offer;
5. If the candidate has not improved his price, then the price from the previous offer is taken into account.

At the end of the rebidding, the operator generates a protocol within 1 hour and sends the second parts of the applications to the customer.

Let's return to our article... So, the evaluation criteria, the presence of a rebidding stage and other important information (according to Article 54.3 of 44-FZ) are prepared and approved by the responsible person of the customer in the OKEF documentation.

If the customer’s company does not have its own procurement department, then a specialized organization (Part 3 of Article 54.1 of 44-FZ). Third-party specialists prepare all materials for the procurement, but do not have the right to participate in it themselves (Parts 1 and 5 of Article 40 of 44-FZ).

So, we said that procurement documentation . But along with it, the customer develops two more documents: a notice of the OKEF and a draft contract (parts 1 and 2 of article 54.1, part 3 of article 54.3 of 44-FZ). Without these 3 components, holding a competition is impossible . The customer publishes all these documents in the Unified Information System 15 working days before the deadline for submitting applications.

The notice is drawn up in accordance with the norms of Article 54.2 44-FZ and, at the discretion of the customer, is posted on any information resources where anyone can familiarize themselves with it.

The customer can make changes to the notice 5 days before the deadline for submitting applications. You cannot change the object of an open competition in the EF and increase the amount of application security.

The procedure for holding an open competition under 44-FZ: step-by-step instructions for the customer

Step No. 1. Preliminary preparation for an open competition

This stage assumes that the customer determines the need for competitive procurement and its form. Organizational issues are resolved, a schedule for an open competition is planned, a competition commission is created (composition, regulations on the commission, regulations of its work). If necessary, the customer can delegate some functions to a specialized company.

Step No. 2. Publication of a notice of an open competition

Information about an open tender must be published in the Unified Information System at least 20 days before the customer begins opening envelopes or access to electronic applications is opened. In addition to the Unified Information System, announcements about an open competition (at the request of the customer) can be published in the media. The notice must contain the following information:

• standard data characterizing the purchase itself;
• criteria that a potential supplier must meet and a list of documents transferred to the customer;
• a description of the way in which participants can obtain competition documentation (place, timing, cost of making copies);
• calendar date, time and place of opening of applications, period of their consideration and evaluation;
• which participants can benefit from an open competition;
• conditions relating to the national procurement regime;
• account numbers to which money is transferred as security for applications.

Step No. 3. Preparation of documents

In addition to the notice, the customer must prepare and publish tender documentation and a draft contract. If the order involves several objects, then all of the above documents are drawn up for each lot. All information on the open procurement procedure is also posted in the Unified Information System. All interested parties have unlimited access to it.

The moment of publication of the competition documents is the starting point when potential participants receive full information about the open competition. Before this, the customer has no right to transfer any information to potential suppliers.

The tender documentation contains the information set out in the notice, as well as:

• information about the object of purchase and terms of delivery;
• justification of the NMCC;
• requirements that a participant in an open competition must adhere to when drawing up his proposal;
• instructions for completing the application;
• an indication of the circumstances on the basis of which the terms of the contract may be changed, if this does not contradict the law;
• an indication of the possibility of drawing up R&D agreements with several participants;
• regulations and time periods for withdrawing applications received after the closing date for proposals, as well as the procedure for making adjustments;
• rules on which a participant can request clarification;
• regulations for the consideration of applications and parameters for their evaluation, indicating the significance of each of them;
• conditions for securing the application and contract - requirements for a bank guarantee;
• information about contract service specialists who are responsible for procurement;
• information about the time frame within which the winner of an open competition is required to sign a contract. Criteria on the basis of which a participant is recognized as evading;
• conditions under which one of the parties has the right to initiate termination of the contract.

The documentation should not contain conditions that limit both the number of potential suppliers and their access to participate in an open competition.

The customer has the right to make adjustments to the tender documentation. But only if there are 5 days or more left until the end of acceptance of proposals. You cannot change the purchase object and security amounts.

If the customer makes adjustments to the tender documentation, then the information in the Unified Information System must be corrected within one business day, and within 2 business days all amendments must be sent to those participants to whom the documentation was previously provided.

If changes have been made to the tender documentation, then after their publication there must be more than 10 days left until the end of the period allotted for accepting applications. If necessary, the deadline for accepting applications is postponed. If the documentation for only one of the lots has been adjusted, then the deadline only needs to be extended for that one.

If potential suppliers need to clarify and clarify certain provisions of the tender documentation, they have the right to send a corresponding request (electronic or on paper) to the customer, provided that there are more than 5 days left until the end of accepting applications. The customer is given 2 working days to prepare a response. Clarifications are also published in the Unified Information System within one working day. However, it is prohibited to name the organization that sent the request. It is also not allowed for the clarification to change the essential provisions of the tender documentation.

The difference between an open competition in electronic form and other procedures

If you take an electronic auction or request for quotes, then the main criterion here will be price. The participant who offers the lowest price wins. And when holding a competition or request for proposals, price will play a secondary role.

For example, a customer needs to make an important, expensive purchase. To realize it to the maximum, he decides to organize an open competition in electronic form. In the procurement documentation, he prescribes the necessary criteria that participants must meet. At the same time, he allocates 70% to the qualification criterion of the applicant, and only 30% to the price. The customer sets the percentage value in accordance with RF PP No. 1085 dated November 28, 2013. The criterion that is more significant for the customer is assigned a larger value.

There can be three, four, or five criteria. It all depends on the complexity of the procedure and the wishes of the customer. But the more criteria there are, the easier it is to get confused in the calculations later.

The application receives a certain number of points based on the review and evaluation of applications. That is, the winner may not be the participant who offered the lowest price, but the one who scored the most points.

About the document itself

The notice of an electronic tender is the paper with which the competitive procedure begins under 44-FZ. A competition is a method of public procurement when data is disclosed to a wide range of people, since a notice of an open competition in electronic form in the Unified Information System under 44-FZ is posted in the public domain. Participants in procedures must meet uniform requirements. According to the law on the contract system, tender procedures are:

• open;
• closed;
• with limited participation;
• two-stage.

Still have questions? Use free instructions from ConsultantPlus experts on how to place a notice of an open competition in electronic form, how to identify the winner, how to conclude a contract based on the results of the procedure, etc. They will help conduct competitive procedures without errors and avoid fines.

For all competitions, except closed ones, you need to know how to write a notice of the competition and place it in the Unified Information System (UIS). In case of a closed tender, such a document does not need to be drawn up, since information about the procedure in this case is provided only to some potential suppliers who meet the requirements of Law 44-FZ.

There is also a re-tender. It is carried out when there were no participants in the original one. First, the deadline for accepting proposals from participants is extended by 10 days (Part 3 of Article 55.1 of 44-FZ). If the situation does not change and potential suppliers have not appeared or their applications do not meet the conditions, a notice of a re-tender is placed by the customer in the Unified Information System (Part 4 of Article 55.1 of 44-FZ).

Identification of potential performers

Information about the electronic platform on which the competitive procedure is planned is indicated in the notice (clause 1, part 3, article 54.2 of 44-FZ). The customer selects one ETP from eight:

1. EETP
2. "RTS-tender"
3. "Sberbank-AST" (more recently "Sber A")
4. "Electronic trading systems"
5. State Unitary Enterprise "State Order Agency of the Republic of Tatarstan"
6. "Russian Auction House"
7. "TEK-Torg"
8. ETP GPB (“Electronic trading platform of Gazprombank”)

Applicants for a contract simultaneously submit three documents - two parts of applications for participation in the competition and a price proposal (Parts 2 and 3 of Article 54.4 of 44-FZ). Participants are given 15 working days to submit an application after the notice has been published (from the date of posting).

After the time for submitting applications has expired, the customer receives their first parts from the ETP operator. Next, the materials are reviewed by members of the procurement commission , which was specially created for this purpose. The results of this stage are entered into the appropriate protocol, which is transferred to the operator of the electronic platform. The deadline for sending the protocol to the operator is on the same day when the first parts of the applications were reviewed and evaluated (Parts 6 and 7 of Article 54.5 of 44-FZ).

Then the customer’s specialists begin to work with the second parts of the applications. The results of the consideration and analysis are recorded, and the protocol itself is sent to the ETP operator on the same day when the second parts of the applications were assessed (Parts 7 and 8 of Article 54.7 of 44-FZ).

The protocol is published in the Unified Information System, and the operator sends the approved results with the final prices of the applicants to the customer.

Members of the procurement commission re-examine the proposals and protocols, after which they form the list of participants admitted to the auction, assigning them serial numbers. The results of the work are included in the final protocol (parts 10 and 11 of article 54.7 44-FZ).

Protocols are drawn up on the basis of a decision made on admission or justified rejection and on the assignment of points according to the criteria specified in the documentation. Recording documents are signed by each member of the procurement committee.

Important point! The commission has the right to remove a participant at any stage of the event for providing false information (Part 5 of Article 54.7 of 44-FZ). If the customer’s specialists find a discrepancy in the information, then the justification indicates that it is in the participant’s application that is not true and checks the information received with the provisions of the documentation (clause 3, part 6, article 54.5, clause 3, part 7, clauses 2 and 4 Part 12, Article 54.7 44-FZ).

If something is unclear from the competition documentation, then participants have the right to send a request for clarification of the provisions . It is submitted to the ETP, after which the operator forwards it to the customer. You can submit such a request provided that there are at least 5 days .

The participant has the right to 3 requests, so we recommend that you immediately think about all the unclear points and formulate them as much as possible in one request.

The customer is obliged to respond to the received request within 2 working days. The customer can make adjustments to the event documentation no later than 5 days before the deadline for submitting applications. In this case, the time for accepting applications must be extended so that at least 10 working days remain.

Open competition under 44-FZ - what is it?

When conducting public procurement, one of the options for organizing a competition is its open form, when the customer draws up a list of requirements for potential participants (Part 1 of Article 48 44-FZ), develops competition documentation and places all this information in the Unified Information System (UIS). Accordingly, all interested parties have access to this information.

Companies wishing to participate in an open competition send their proposals for the execution of the contract to the customer. The customer evaluates them for compliance with the stated criteria and forms a rating in which the first positions are occupied by the most profitable offers for him. The winner of the open competition is the organization that comes out on top in this ranking (Part 8, Article 53 44-FZ).

The procedure in which an open competition is held under 44-FZ is set out in Articles 48–55.

According to similar rules, in addition to the open competition under 44-FZ, an electronic auction is also held. What is the difference between them, we will not consider in this article. In most cases, competitive procurement is carried out through an open tender under 44-FZ. This scheme applies if there are no special circumstances described in Articles 56, 57, 59, 72, 83, 84 and 93 of the above Federal Law.

Exceptions include:

• competitive procurement provides for a limited number of participants (Article 56 44-FZ);
• the competition is held in two stages (Article 57 44-FZ);
• competitive procurement is carried out in the form of an electronic auction (Article 59 44-FZ);
• competitive procurement is carried out in the form of a request for quotation (Article 72 44-FZ);
• the procurement is carried out in the form of a request for proposals (Article 83 44-FZ);
• to determine the supplier, a closed form of competition was chosen (Article 84 44-FZ);
• purchase is assumed from a single supplier (Article 93 44-FZ).

Government procurement in accordance with 44-FZ, in addition to open competition, is most often carried out in the form of an electronic auction. As of July 1, 2019, new rules have been introduced for this procedure.

To conduct trading under 44-FZ, 8 trading platforms and one specialized one are used, the list of which was approved by Government Order No. 1447-r dated July 12, 2018 (previously there were only 6 organizations on the list):

• EETP;
• "RTS-tender";
• Sberbank-AST;
• "Electronic trading systems";
• State Unitary Enterprise “State Order Agency of the Republic of Tatarstan”;
• "Russian Auction House";
• "TEK-Torg";
• ETP GPB (“Electronic trading platform of Gazprombank”).

A specialized trading platform - ETP "AST-GOZ" - is a complex designed for conducting closed tenders, in this case related to the field of defense orders. This platform was organized by Sberbank and the state corporation Rostec in 2021.

Review of the first parts of applications

In accordance with Part 1 of Art. 54.5 44-FZ, members of the competition commission must study and evaluate the first parts of applications within 5 working days after the deadline for submitting applications has ended. And if the NMC of the contract does not exceed 1 million rubles. – then within 1 working day.

As soon as all the first parts of the applications are processed by the procurement commission, a protocol is prepared, which indicates information in accordance with Part 6 of Article 54.5 of 44-FZ:

• identification numbers assigned to each application;
• date, place and time of their consideration;
• the procedure for evaluating accepted applications if the documentation indicates the indicator “quality, functional and environmental characteristics of the procurement object”;
• whether the applicant is admitted or not to perform the contract.

The participant may be denied further passage in accordance with Parts 3 and 4 of Article 54.5 of 44-FZ. The reason for refusal may be:

1. Failure to provide the necessary information or provision of false information that is required to participate in the OKEF in accordance with clause 2, part 4, article 54.5.
2. Non-compliance of the participant with the conditions and requirements for the first parts of the applications specified by the customer (clause “b”, clause 3, part 4, article 54.5 of 44-FZ).
3. Indication of specific information about the applicant who sent the first part of the application, or about his price offer.

Tender Documents and Request for Clarification

If participants have any questions about the tender documentation, they can send a request for clarification of the provisions to the operator of the electronic platform, but no later than 5 days before the deadline for submitting applications. Each supplier can submit no more than 3 such requests.

The customer responds to such a request within 2 working days.

The customer has the right to make changes to the tender documentation no later than 5 days before the deadline for submitting applications. At the same time, he must extend the deadline for accepting applications so that at least 10 working days remain.

Important: changing the procurement object and increasing the application security is not allowed.

Consideration of the second parts of applications

In order to correctly prepare the second part of the application, the participant must collect the necessary list of documents, which is specified in Part 6 of Article 54.4 of 44-FZ. That is, the second part of the application should include:

• name of the participant, address, telephone number, TIN of the participant, founders, person acting as the sole executive body;
• documentary confirmation of product compliance with the legislation of the Russian Federation (copies);
• declaration of conformity with uniform requirements in accordance with Article 31 44-FZ;
• documentary evidence of the right to receive benefits (for example, for small businesses);
• documentary confirmation of product compliance with the provisions of Article 14 44-FZ on national treatment (if this requirement is specified in the tender documentation);
• documents used to assign points according to criteria (except for information on the quality, functional and environmental characteristics of the procurement object).

After evaluating the first parts of the applications, the competition commission proceeds to consider the second parts. The evaluation period for the second parts of applications is regulated - 1 working day for the NMC of the contract up to 1 million rubles. and 3 working days for NMCC of more than 1 million rubles. (Part 2 of Article 54.7 44-FZ).

The customer’s specialists enter the result of the review and assessment into the protocol (Part 7 of Article 54.7 of 44-FZ):

• information about each applicant for the contract;
• information on the date, place and time of consideration of the second parts of applications received under the electronic procedure under 44-FZ;
• what criteria were used by the commission when analyzing the proposals of potential performers;
• The candidate meets/does not meet the requirements established in the competition documentation (Part 3 of Article 54.7 44-FZ).

The participant's proposal is rejected by the commission for violating the provisions of the law on the contract system. The participant will be disqualified for:

• not providing or providing false information and documents (clauses 1 – 3, 7, part 6, article 54.4 44-FZ);
• non-compliance with the requirements established in the tender documentation (Part 1, 1.1, Article 31 44-FZ);
• failure to provide the customer with documents in accordance with clause 5, part 6, article 54.4 in cases where the documentation indicates a prohibition on the basis of article 14 44-FZ on national treatment.

Contents of the notice

Article 54.2 of Federal Law No. 44 establishes a complete and closed list of information that is included in the procurement notice. We collected them in a table.

44-FZ allows the customer to edit the notice. Changes are made no later than five days before the end of time for accepting participation in such a tender. Such a decision must be posted in the Unified Information System within one day from the date of its adoption. This is indicated in Part 6 of Art. 54.3, part 4 art. 54.2 44-FZ.

The deadline for accepting applications after adjustments must be extended by at least 10 working days from the date of posting the changes in the Unified Information System.

IMPORTANT!

When changing the documentation, it is prohibited to change the procurement object and increase the amount of security for applications for participation in an open tender.

Summarizing

After posting the final protocol in the Unified Information System, the open competition in electronic form is considered completed. Employees of the customer organization draw up a protocol the next day after the operator of the electronic platform has sent the final price proposals for all candidates.

The summary protocol contains information about all persons participating in the procedure, about their admission or removal, about the compliance of applications with established criteria, about the procedure for analyzing and evaluating participants’ proposals and about assigning numbers in descending order (the 1st number is assigned to the most attractive application for the customer ).

Bids that have been verified for compliance and accepted for bidding are assigned identification numbers.

The most advantageous offer is assigned No. 1. However, if two or more participants submitted the same price proposals, then No. 1 is assigned to the one who sent the offer first.

In OKEF, the winner is the candidate who sent the customer the most advantageous offer before the others, and it meets all the requirements and conditions of the competition documentation (Part 14, Article 54.7 of 44-FZ).

About paper availability

Law 44-FZ gives the customer the authority to print notices in various media. But subject to the condition that the notice is also posted in the Unified Information System. The deadline for publishing a notice of an open competition in electronic form is specified; this is done 15 working days before the date when access to electronic applications opens.

The main principle laid down in 44-FZ is openness and transparency of the procedures carried out. It is understood that free and free access to trading information is provided.

This is what the printed form of a notice of competitive procurement in the form of a tender in electronic form looks like: