Tender sites: what they are and their list

What is sealed bidding

Closed bidding refers to procurement conducted under 223-FZ, in which not any interested participant has the right to participate, but only a person specially invited to participate. The basic rules and procedure in which closed procedures under 223-FZ are carried out are stipulated in Art. 3.5 of this Federal Law.

Part 1 of this article specifies the forms for conducting such tenders:

• contest;
• auction;
• request for quotations;
• request for proposals;
• in another form, if it is provided for by the customer’s internal document regulating its work under 223-FZ - the procurement regulations.

The law also describes the following general rules for conducting such tenders:

• The customer has the right to carry out such procedures in specially specified cases - if the procurement is closed - there are legally established grounds for this;
• information about such procedures is not published in the Unified Information System;
• at least two participants take part in tenders at the invitation of the customer;
• Both electronic and paper formats are allowed.

Use free instructions from ConsultantPlus experts to carry out closed procedures without errors.

1. How to conduct a closed electronic auction for procurement under 223-FZ.
2. How to conduct a closed tender for procurement under 223-FZ (including in electronic form).
3. How to conduct a closed request for quotations for procurement under 223-FZ.
4. What are the procedure and features of conducting a closed request for proposals in electronic form under 223-FZ.

How to submit an application for participation in a closed competition in electronic form under 223-FZ

Submitting applications is one of the most important stages of participation in procurement. The results of the tender directly depend on the correct completion of documentation for participation in a closed competition and compliance with the deadlines for its submission. Starting July 1, 2021, the following rules apply:

Deadline for submitting applications (from the moment the documents are posted in the UIS):

According to Federal Law No. 223, an extension of the deadline for filing applications for a closed competition is possible if changes are made to the documentation. In this case, the dates must be postponed so that from the day the adjustments are made, at least half of the time established by law for this type of procurement remains. Let’s say the deadline for submitting applications under 223-FZ for an auction is 15 days. Then, when signing the additional agreement, at least 8 days must remain until the end.

The rules for participants in the closed competition are as follows:

• the requirements are the same for everyone;
• one participant – 1 application;
• Only reliable information is provided;
• the application may be withdrawn or adjusted before the deadline for submission.

Document generation algorithm:

• Careful study of documentation. If necessary, you should send a request for clarification, but no later than 3 business days before the deadline for accepting applications. To do this, it is advisable to use the email indicated in the documentation. It is also acceptable to use the ETP functionality. The response will be posted in the Unified Information System within three days (Part 3, Article 3.2).
• The list of documents and required information, as well as the procedure for their provision, are contained in the customer’s documentation.
• Review of information on supplied GWS. Registration of consent for the supply or formation of specific characteristics.
• Development of a price proposal. The procedure for reducing the NMC in case of EA occurs within the time frame and in the manner prescribed in the documentation.
• Transfer of collateral or issuance of a bank guarantee. Collateral is established only if the NMC exceeds 5 million rubles. (Part 27, Article 3.2). Size - up to 5% of NMC.

How a participant can submit an application for a closed competition in electronic form under 223-FZ:

1. He needs an electronic signature (Part 5, Article 3.3). With its help, authorization on the electronic platform occurs.
2. He must scan the documents, upload them to the electronic platform and sign the digital signature of the manager or employee who has a power of attorney for such actions.
3. In some situations, the process requires significant time. Based on this, it is advisable to initiate it in advance. This approach will allow you not to be late for the appointed date.

Participation in closed tenders for representatives of small and medium-sized businesses is possible provided they have an electronic digital signature and undergo the authorization procedure. For these categories of entrepreneurs, the following deadlines for sending application documentation are provided:

• competition - one week if the initial minimum price does not exceed 30 million rubles, fifteen days - in other cases;
• EA - the terms are the same as for the previous case;
• ZP - five working days;
• ZK - four working days.

Based on the provisions of parts 8 and 19 of Art. 3.4, the application must contain:

• Information and documents specified in the documentation, including papers confirming that the company belongs to the declared category. These include an extract from the SMSP register and a declaration of conformity.
• Two parts and a price proposal (for competition, electronic auction and request for proposals). The first contains a description of the GWS; the second - information about the participant and eligibility requirements, as well as the final offer.
• One part and a price proposal (for requesting quotes). The package of documents must include consent for the supply of goods and materials, and if an equivalent product is offered, consent and specific indicators that correspond to the equivalence values.

IMPORTANT! You cannot enter information about the contractor or a price offer in the first part, and a price offer in the second.

Applications for participation in a closed competition in electronic form under 223-FZ are considered within the time limits specified in the documentation.

The tender is declared invalid in the following cases:

• there are no applications;
• only one application was received.

The rules for determining the winner are established in the documentation. Closed purchases under 223-FZ are not subject to approval.

Cases

Part 1 of Article 3.5 223-FZ lists the following cases when the customer holds tenders, choosing a counterparty from among specially invited companies:

• the procurement is a state secret;
• the purchase is carried out within the framework of the state defense order in order to ensure the defense and security of Russia;
• when a closed procurement of goods, works and services is carried out from the list approved by the government in accordance with Part 16 of Art. 4 223-FZ;
• the goods purchased by the customer are included in the list of mechanical engineering products compiled by the government coordinating council in accordance with clause 2 or clause 3 of part 8 of art. 3.1 223-FZ.

When is the closed competition held?

Law 44-FZ establishes several grounds for holding a closed competition:

• procurement of goods, works or services to meet needs that contain information about state secrets;
• procurement of goods, works or services, the documentation of which contains information constituting a state secret;
• procurement of services for the protection, insurance and transportation of collections of the State Fund of Precious Metals and Precious Stones, paintings, manuscripts and other items of cultural value (including during their temporary transfer to exhibitions);
• procurement of cleaning services and driver services, which are carried out to support the activities of judges and bailiffs.

Order of conduct

The federal law establishes general rules on how to conduct closed procurement under 223-FZ; the peculiarity of procurement under this regulatory act is that a large share of regulation is given directly to customers. Each customer working under 223-FZ issues its own procurement regulations, which describes in detail the procedure for conducting tenders and even has the right to establish unique forms not listed in the law.

What is an open competition in electronic form under 223-FZ

First of all, you need to understand the terminology.

An open tender (OK) in electronic form under 223-FZ is a procurement organized in electronic format on a platform chosen by the customer. The Unified Information System (UIS) is used to post information about it.

An electronic trading platform is necessary to accept and consider applications for participation in the competition. Law 223-FZ does not limit the list of such sites, unlike 44-FZ. Today their number exceeds 150.

A distinctive feature of the OK in electronic form is the ability to submit an application by any participant who managed to complete the documents within the allotted time frame. This type of procurement is used in situations where price is not the only or main criterion for choosing a contractor. To participate in the OC, applications that meet the conditions contained in the documentation are considered. The competition is recognized as valid only if there are two or more applications.

According to the provisions of 223-FZ, in order to organize a QC in electronic form, it is necessary to form a competition commission. Its composition can be constant or change as needed.

Implementation procedure

Procurement mechanisms and stages of inquiries are not directly spelled out in Federal Law No. 223 and other regulatory legal acts. Each customer independently establishes the rules for concluding a contract, which is enshrined in the third part of the third article of the law in question.

There are six mandatory stages of the request procedure:

1. The first stage is the development of conditions for the purchase of services and goods, as well as basic requirements for suppliers.
2. The second stage is the preparation of procurement documentation, posting a notice of the opportunity to conclude contracts in the Unified Information System. The deadlines for sending applications, requirements for the seller and the supplied product (service), conditions for fulfilling the contract and other important points are also recorded here. The legislation allows for the possibility of sending additional messages to customers clarifying the specified requirements if some points are not clear. In this case, the customer must respond to all persons in writing. At the same stage, you can make changes to the notice, which are immediately published in the UIS.
3. Receiving and checking applications received from suppliers. Submitted proposals can be evaluated only according to the criteria specified in the procurement requirements placed by the customer. This is enshrined in the sixth part of the third article of the law in question.
4. Selecting the winner. The supplier is determined by the criterion of optimality of the terms of the contract. If there are two applicants with the same indicators, the one who submitted the application earlier wins.
5. Publication of the request for proposals protocol (this is regulated by 223-FZ) in the Unified Information System.
6. Conclusion of an agreement with the winner.

The legislative framework

The main regulatory legal act governing the procurement of services and goods by the customer, as well as the process of conducting a request for proposals, is 223-FZ of July 18, 2011. Each customer organization must, based on this document, develop a Procurement Regulation that is relevant for this legal entity.

According to Federal Law No. 223, the general rules for requests for proposals determine that the customer must prescribe what procedures he uses in the process of selecting suppliers who provide the services and goods he needs.

The Regulations also stipulate the conditions for selecting a request for proposals. According to the legislation, there are three procurement options:

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

The last method is not the main one, unlike the first two. Legislative norms establish the customer’s right to use the comparative method of prices. Once the method for determining the supplier has been selected, it must be recorded in the procurement plan.

Like the Procurement Regulations, the plan must be drawn up taking into account all the requirements of Federal Law No. 223 and Resolution No. 908, approved by the Government of the Russian Federation, which reflects the rules for posting information about ongoing procurement in the Unified Information System.

When posting information, it is important to indicate in the appropriate column of the procurement plan (purchase method) the option for conducting the procurement procedure: auction, tender or request for proposals.

Algorithm for the procedure

When participating in a tender on an electronic trading platform, according to 223-FZ, it is very important that the Procurement Regulations from a particular customer are posted on the website there. This document should record the entire algorithm for implementing the procedure for familiarizing with suppliers’ proposals, as well as the requirements for the procurement.

The Regulations reflect the following points:

• submission of written applications;
• proposal form;
• application requirements;
• refusal to purchase;
• securing applications;
• procedure for accepting proposals from suppliers;
• criteria for evaluating and determining the winner;
• consequences of registration of the purchase as failed;
• deadlines for concluding a deal with the winner;
• other conditions.

In the process of preparing the Procurement Regulations and the regulations for conducting a request for proposals, according to Federal Law No. 223, in open or closed form, the customer must remember that in addition to the requirements of the specified regulatory legal act, he must also comply with the rules of Federal Law No. 135 in the field of antimonopoly policy.

When choosing a request for proposals in an open form as an option, the customer independently determines the criteria for selecting participants. An open request is considered the most convenient option in cases where the customer is interested not only in the price criteria offered by the supplier.

The main requirement for procurement in the form of a request is compliance with deadlines. The customer is given only twenty days to place a notice on the website of his desire to conclude an agreement before signing it with the selected supplier.

Most often, a request for proposal options is used in cases where the initial contract price does not exceed ten million rubles. In addition, this method is especially popular among customers who want to be able to cancel the purchase at any time without any burden.

When choosing a method for carrying out a procurement activity, customers should be guided by the recommendations of the Federal Antimonopoly Service published on the website. FAS specialists point out that this option for concluding transactions is most relevant when purchasing goods for urgent and urgent needs, if the initial price of the contract is small.

Varieties

According to Federal Law No. 223, when conducting a request for proposals, you can cover an unlimited number of suppliers. In this case, this form of procurement will be considered open and accessible to everyone.

Individuals and legal entities, as well as individual entrepreneurs who meet the requirements specified in the procurement documentation, can take part in open procurement.

The requirements for suppliers include the following conditions:

1. Availability of a license, if required by law, or another option to meet the customer’s requests.
2. The organization should not be at the liquidation stage.
3. The supplier’s activities should not be suspended according to the rules of the Code of Administrative Offenses of the Russian Federation.
4. The seller should not be on the register of unscrupulous suppliers.

If procurement is carried out in the form of a closed request, therefore, suppliers are invited separately. At the same time, data on the ongoing procurement is not posted in the Unified Information System.

Only those suppliers who have passed the pre-qualification selection can participate in closed inquiries. Most often, this option for concluding transactions is used if the customer needs to purchase a unique or technically complex product.

Recently, the most common procurement option is a request for proposals in electronic form. Federal Law No. 223 provides such an opportunity. In addition, in the near future this will be the only way to select a supplier for a contract. And the written version will be canceled in accordance with the provisions of Federal Law No. 503.

Requests for proposals in non-paper form are carried out through a tender on the electronic trading platform. 223-FZ determines that the list of sites may not be limited to a specific list, as is the case with procurement under Federal Law No. 44.

Conducting electronic procurement is more convenient for the customer due to the fact that it allows you to automate the entire procedure for selecting a counterparty and concluding a transaction.