Article 54.6. Law No. 44-FZ of 04/05/2013

open competition in electronic form 44 FZ

The customer can hold a tender under 44-FZ for the supply of those goods that are not included in the auction list. This list was not established by the Government by chance - the competition is considered a more corrupt procedure than an auction. In addition, high-tech, innovative goods, as well as products related to state secrets, are not purchased through the competition. Competition under 223-FZ does not have such restrictions.

Open competitions under 44-FZ are held from January 1, 2021 only in electronic form.

Article 54.6. Procedure for submitting final bids for the contract price

1. Procurement participants admitted to participate in an open tender in electronic form have the right to submit final proposals for the contract price. A participant in an open tender in electronic form can submit only one final proposal for the contract price.

2. Submission of final proposals for the contract price is carried out on the electronic platform on the day specified in the notice of an open tender in electronic form. The duration for receiving final proposals for the contract price is three hours. The start time of such a procedure is set by the operator of the electronic platform in accordance with the time of the time zone in which the customer is located.

3. The day for submitting final proposals for the contract price is the working day following the expiration of one working day from the date of expiration of the period for consideration and evaluation of the first parts of applications for participation in an open tender in electronic form. If the date of the procedure for submitting final proposals for the contract price falls on a non-working day, the day of the said procedure is postponed to the next working day.

4. In the case provided for by Part 24 of Article 22 of this Federal Law, the submission of final proposals is carried out by reducing the initial amount of prices for units of goods, work, services in the manner established by this article.

5. During the submission of final proposals for the contract price, a participant in an open tender in electronic form has the right to submit a proposal for the contract price, which provides for a reduction in the proposal submitted by such participant in accordance with Part 2 of Article 54.4 of this Federal Law.

6. If a participant in an open tender does not submit a final proposal on the contract price in electronic form, the proposal submitted by this participant in accordance with Part 2 of Article 54.4 of this Federal Law is recognized as final.

7. Within one hour from the completion of the submission of final proposals on the contract price, the operator of the electronic platform shall generate a protocol for the submission of final proposals, containing:

1) date, start and end time of the procedure for submitting final proposals;

2) final proposals for the contract price submitted by participants in an open tender in electronic form, indicating the identification numbers of applications of participants in such a competition, the time of submission of these proposals.

open competition in electronic form 223 Federal Law

As for 223-FZ, customers, in principle, can also organize paper tenders if their procurement regulations allow this.

The fundamental difference between a competition and an auction and a request for quotations is that the bid price is not the only criterion for selecting the winner. The winner of the competition is the participant who offers the best terms for concluding a contract, taking into account the criteria, each of which has its own weight in points. The offer price is set immediately - in this way the competition is similar to a request for quotations.

Consideration of applications for participation in an open competition for compulsory motor liability insurance

PROTOCOL OF REVIEW OF APPLICATIONS FOR PARTICIPATION IN AN OPEN COMPETITION FOR THE RIGHT TO CONCLUSION OF A STATE CONTRACT FOR COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS BY THE INTERDISTRICT IFTS OF RUSSIA FOR THE LARGEST TAXPAYERS M IN THE VORONEZH REGION Place of consideration of applications: 394018, Voronezh, 36, office. 712.

Date and time of the start of the procedure for considering applications for participation in an open competition:

01.12.2008 - 10.00 (Moscow time).

Composition of the permanent unified commission (hereinafter referred to as the Commission):

Chairman of the commission Danilova Natalya Aleksandrovna Member of the commission

Galkin Oleg Aleksandrovich Member of the commission Natalya Vyacheslavovna Medvedeva

Member of the commission

Fonova Irina Vladimirovna Member of the commission Nina Vasilievna Shabunina

The commission meeting is held in the presence of 5 (five) commission members. There is a quorum. The commission is competent.

Agenda: consideration of applications for participation in an open competition for the provision of services for compulsory civil liability insurance of vehicle owners by the Interdistrict Inspectorate of the Federal Tax Service of Russia for the largest taxpayers in the Voronezh region.

Customer: Interdistrict Inspectorate of the Federal Tax Service of Russia for the largest taxpayers in the Voronezh region.

Source of funding: Federal budget.

Reason: Notice of an open competition, posted on the official website of the Russian Federation on the Internet www.zakupki.gov.ru, No. 0810027/006813/2 dated October 27, 2008, protocol for opening envelopes with applications for participation in an open competition No. 081027/006813/2/1 dated November 28, 2008

1. One (1) application for participation in the competition was submitted for the consideration procedure: No. Name of the participant in the order placement,

mailing address

1 LLC "City Insurance Company", 394000, Voronezh,

st. Karla Marksa, 70A.

2. The commission reviewed this application for compliance with the requirements established by the tender documentation, and the compliance of the procurement participant with the requirements established in accordance with Art. 11 of the Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as the Federal Law) and made the following decision:

2.1. Allow City Insurance Company LLC to participate in the competition and recognize it as a participant in the competition, which submitted an application to participate in an open competition for the provision of services for compulsory civil liability insurance of vehicle owners of the Interdistrict Inspectorate of the Federal Tax Service of Russia for the largest taxpayers in the Voronezh region.

2.2. Due to the fact that only one participant in the order placement, who submitted an application for participation in the competition, is recognized as a participant in the competition, in accordance with Part 11 of Article 35 of the Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work , provision of services for state and municipal needs,” the competition was declared invalid.

2.3. The customer, within three working days from the date of signing the protocol, is obliged to transfer to the LLC

“City Insurance Company” is a draft contract, which is drawn up by including the terms of the contract proposed by such participant in the application for participation in the competition in the draft contract attached to the competition documentation. In this case, the state contract is concluded on the terms and at the contract price that are provided for in the application for participation in the competition and the competition documentation, but the price of such a contract cannot exceed the initial (maximum) contract price (lot price) specified in the notice of an open competition, i.e. .e. RUB 11,052.85 (eleven thousand fifty-two rubles 85 kopecks). Voting results

"FOR" - unanimously

"AGAINST" - no

The decision was made unanimously.

Signatures: Chairman of the Commission ___________________ Danilova Natalya Aleksandrovna

Member of the commission ___________________ Oleg Aleksandrovich Galkin

Member of the commission ___________________ Medvedeva Natalya Vyacheslavovna

Member of the commission ___________________ Fonova Irina Vladimirovna

Member of the commission ___________________ Nina Vasilievna Shabunina

The commission meeting ended on December 1, 2008 at 10 a.m. 35 min. (Moscow time).

Customer Representative:

__________________ O.O. Nikulina

procedure for conducting an electronic competition under 44 Federal Laws

The competition can be one-stage or two-stage. A two-stage competition under 44-FZ involves pre-qualification. At the second stage, the winner is selected only from those who have passed this selection. Two-stage competitions are held, in particular, for scientific research, design studies, experiments, for the supply of innovative and high-tech products, and the creation of objects of literature and art. The competition under 223-FZ can be either single- or multi-stage. Law 223-FZ does not limit the customer in the number of stages; everything is determined by its procurement regulations.

Open competition under 44-FZ: terms and procedure

One of the most complex and therefore rarely used procurement procedures is open competition. It is a competition in which information about the ongoing purchase is communicated to an unlimited number of persons. For this purpose, the notice is placed in the Unified Information System. The competition documentation presupposes uniform requirements for all participants. The implementation of such a procedure is regulated by Article 48 of the 44-FZ.

Basic rules for holding an open competition

The entire procedure for holding an open competition can be divided into several main stages:

Preparation by the customer of tender documentation and its placement in the Unified Information System. Article 49 44-FZ regulates the information that must be contained in the notice. This includes: methods for obtaining tender documentation, timing of the procedure, requirements for participants, restrictions on the admission of certain goods, and so on. The documentation itself must contain instructions for completing the application. The customer has the right to prohibit the submission of applications electronically.
Preparation of the application by the participant. At this stage, the potential supplier must carefully study all the documentation and prepare an application according to the instructions. If he has any questions, he can submit a request for clarification of information. The customer is obliged to answer all questions and, if necessary, make changes to the tender documentation.
Submission of applications by participants and their subsequent consideration by the customer. To consider the submitted proposals, the customer forms a special commission. The result of her work is a protocol for opening envelopes drawn up in accordance with all the rules.
Publication of the final protocol in the Unified Information System. If a participant has questions about the information contained in the protocol, he has the opportunity to submit a request for clarification.
A contract is concluded with the participant who is declared the winner.

Carrying out such a procedure is advisable in the case when the decisive factor for the customer is not the contract price, but the qualifications of the supplier and the quality of the purchased goods. The procedure is carried out without the use of an electronic trading platform, therefore, it is protected from technical failures. Among the disadvantages of this procedure, experts note the high probability of customer error when determining the winner. This is due to the complexity of calculating large criteria for evaluating applications.

The law provides for a number of cases when holding an open competition is prohibited. These include:

Purchase of goods included in the auction list prescribed in order No. 471-r dated March 21, 2016. Such products are allowed to be purchased only through electronic auctions.
Purchase of innovative goods, services for the preservation of cultural objects, valuable books and documents. In this case, only a competition with limited participation is allowed.
Conclusion of an agreement for the organization of an exhibition, provision of insurance services, transportation of valuables. In this situation, only closed procedures are allowed.

In other cases, the customer can choose the form of the procedure for a specific purchase.

Regulated deadlines

The table shows the timing of all stages of an open competition under 44-FZ:

Open competition stage	Regulated period	Basis according to 44-FZ
Publication of a notice of the procedure in the Unified Information System	20 or more days before the closing date for proposals	Article 49 part 1
Provision of tender documentation by the procurement organizer to the participant	Within 2 days (working days) from the date of receipt of the relevant request	Article 50 part 4
Submission by a participant of a request for clarification of documentation	5 or more days before the closing date for applications	article 50 part 7
Response to a participant’s request for clarification of the competition documentation	No later than 2 days (working days) from the date of receipt of the request	Article 50 part 7
Placing in the UIS a response to a participant’s request for clarification	Within a working day from the moment the response is sent to the participant	Article 50 part 8
Development of updated tender documentation with changes made	5 or more days before the deadline for submitting proposals	Article 49 part 4
Placement of updated tender documentation in the Unified Information System	Within one business day from the moment the changes are made	Article 49 part 4
Providing corrected documentation to participants who request it	Within 2 days (working days) from the moment the decision comes into force	Article 50 part 6
Making a decision by the customer to cancel the tender	At least 5 days before the deadline for submitting proposals	Article 36 part 1
Opening envelopes and drawing up a protocol	Deadline for submission of proposals	Article 52 part 1
Placement in the Unified Information System of the protocol for opening envelopes with applications	No more than 1 day from the moment of signing the protocol	Article 51 part 7
Review of applications and formation of the final protocol	20 days or less from the date of opening of applications	Article 53 part 1
Placing the final procurement protocol in the Unified Information System	During the working day following the date of formation of the protocol	Article 53 part 1
Sending the final protocol and contract to the winner	No more than three days from the date of publication of the final protocol	Article 54 part 3
Signing of the contract by the winner and sending it to the customer along with a document confirming the provision of contract security	No more than 10 days from the date of receipt of the contract for signature	Article 54 part 3
Total duration of the contract signing procedure	No less than 10 and no more than 20 days from the date of placement of the final protocol in the EIS	Article 54 part 3

Compliance with all deadlines is mandatory. If a violation is detected, a fine will be imposed on the customer.

Application evaluation criteria

After the envelopes with proposals are opened, a specially convened commission begins to consider them. First of all, a list of participants admitted to participate in the procedure is identified. For this purpose, it is determined whether applications comply with the requirements of the tender documentation, the veracity of all information provided by potential participants, as well as the existence of justification for the proposed contract price. If the information provided is found to be unreliable, the application may be rejected at any stage of the procedure.

Applications that are found eligible to participate in the procedure are evaluated according to the criteria specified in the documentation. It could be:

Proposed contract price.
Availability of additional costs for repair and operation of equipment.
Functional and quality characteristics of the product offered for delivery.
Qualification and availability of appropriate material resources from the customer.

The procurement organizer must specify in the documentation at least two criteria by which applications are assessed. In this case, the significance of the criterion for repair and operation costs cannot exceed the significance of the total contract price.

Documents provided

Before submitting an application for participation in an open tender, the proposed supplier must carefully study the instructions provided in the documentation. The application must include the following information:

Names and full details of the participant.
TIN of all founders of the potential supplier, as well as the collegial executive body and head of the company.
Copies of an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs. They must be issued no more than six months before the date of publication of the notice of the competition.
Copies of the company's constituent documents.
A document confirming the authority of the head of the organization. If necessary, a corresponding power of attorney is provided.
A decision to approve a major transaction or a letter stating that the transaction is not a major one.
Documents with which the participant will confirm his compliance with the requirements of the law. This could be SRO approval, licenses, and so on.
Declaration that the participant complies with the requirements of Article 31.
Declaration of the potential participant’s affiliation with the SMP or SONCO.
A letter by which the participant confirms his right to receive the benefit. It is drawn up in free form.
A detailed description of the product proposed for delivery, its country of origin, contract price.
A document confirming the security of the application.
A complete list of all application documents.

All documents must be signed by the head of the potential supplier and sealed, if available. The rules for preparing an envelope with an application must be specified in the documentation.

4.8333333333333 Rating 4.83 (6 Votes)

competition documentation of the competition in electronic form

Please review the competition documentation carefully to ensure that the competition is right for you. First of all, pay attention to when the application deadline is.

Be sure to pay attention to the term of the contract, the address(es) for delivery of goods, provision of services, and performance of work. The most delicious competition will become unprofitable if the goods have to be transported, for example, to the Far East, and even monthly, for, say, six months.

The above applies to another case. For example, the customer indicates that the goods are supplied in small quantities upon request. Even if the customer is located in a neighboring region, transporting there, for example, welding electrodes one pack at a time, will be very unprofitable for several months.

Finally, the requirements for packaging and packing of goods must also be taken into account. If, for example, a customer requires 1 kg of halite to be packaged at a time when halite of the same brand is packaged in Euro bags with a capacity of 1 ton, of course, it is worth thinking about the feasibility of participation. After all, purchasing a thirty-ton batch of halite in 20 kg bags will cost much more than the same batch in 1 ton Euro bags. But the customer will not take halite in euro bags from you, and if you indicate in the offer: packaging of 1000 kg, he will simply reject your application.

The customer can set a variety of criteria for selecting the winner in the tender documentation. Let's take a closer look at them.

If the competition is held under 44-FZ, then there must be at least two criteria, and one of them must be cost-based. Non-cost criteria include criteria relating to the quality and characteristics of the purchased objects, as well as the reputation and qualifications of the participant. Additional criteria are applied to the purchase of high-tech goods, which we will not dwell on.

Features of applications for the competition

Applications must be submitted in writing in a sealed envelope that does not allow the contents to be viewed until opened. All sheets of a written application for participation in the competition, all sheets of the volume of such an application must be bound and numbered. The application for participation in the competition and the volume of the application must contain an inventory of the documents included in them, be sealed if available (for a legal entity) and signed by the participant in the competition or an authorized person. It is possible to change and withdraw the application at the request of the participant before the deadline for submitting applications.

Non-cost criteria in an open electronic competition

Non-cost criteria include:

-quality of goods supplied;

-technical characteristics of the supplied goods;

-ecological safety of purchased goods;

- qualifications of the head of the participant’s organization and his employees (for example, approvals for electrical safety, industrial mountaineering, etc.);

— the participant has experience in performing similar work (executed contracts);

— provision of material and technical resources (availability of warehouses, production facilities, etc.);

— sufficient amount of labor resources;

— business reputation of the participant (availability of gratitude, certificates from customers)

For each of the criteria chosen by the customer, the participant is also given points. The more accurately a potential supplier meets the customer's requirements, the more points he will receive.

If you find a “repeated” mark in the information system, you can draw some conclusions. This means that there were no participants the first time, and you can become the only one if no one else applies for it again. If the auction competition is held again after the FAS order, it is possible that this repetition will not be the last. After all, if the customer is dishonest, he can, while correcting some errors in the documentation, deliberately make others in order to prolong time for some of his reasons.

Analysis of the feasibility of participation in an open competition in electronic form

It is advisable to conduct a reduction analysis. Having selected at least 3 competitions organized by the same customer, under 44-FZ or 223-FZ, respectively, and for the same subject of procurement, recently, calculate the arithmetic average of the reduction. If it is very large, as is the number of participants in completed auctions, there may be no point in participating. It must be said that in general the number of participants in auctions held under 223-FZ is less than the number of participants in auctions under 44-FZ. Consequently, the average reductions at auctions under 223-FZ are also smaller. In addition, as a rule, reductions in tenders under both 44-FZ and 223-FZ are lower than in requests for quotations and, especially, auctions. After all, criteria-based selection limits the number of participants.

Do not forget that tenders under 44-FZ can be held with restrictions on the supply of goods from foreign countries depending on the list of goods required by the customer, and they are also subject to the rules for granting priority to Russian goods, works and services established by PP 925. Accordingly, It is necessary to indicate the country of origin of all supplied goods, works, and services. And although Chinese goods are cheaper than Russian ones, keep in mind that it will not be possible to sell them to the customer of such a competition if they win. Replacement of foreign goods upon delivery is permitted by law, but not vice versa. As for auctions under 223-FZ, they are subject to priorities for the supply of goods, services and works. Having received a 15% head start, the participant offering Russian goods, works or services will most likely win the competition. It is impossible to indicate in the proposal that the origin of the goods is Russian; it will come out sideways upon delivery, as already indicated above. If imported goods are less than 15% cheaper than Russian ones, it is advisable to offer Russian products. If they are more than 15% cheaper than Russian goods, it may be worth refusing to participate, because the margin will decrease, or still participate in the hope that you will be the only participant and PP 925 will not be applied.

Carefully analyze the criteria by which the customer determines the winner. The significance of the offer price cannot be less than 50%.

Continuation of the article

The electronic competition did not take place

There are three reasons to declare an open competition in electronic form invalid. Which ones exactly - see the following diagram.

Why is an electronic competition declared invalid?
1. No applications for participation	2. All applications were rejected for the first or second part	3. Only one application was submitted or not rejected
What should the customer do?

Extend the application deadline for another 10 days. If no new applications have been received, amend the planning documents and carry out another procedure, for example, an electronic request for proposals		Conclude a contract with a single supplier (clause 25.1 of part 1 of article 93)