The purchase was made electronically. Request for quotes in electronic form. Cases of recognizing the winner of an electronic auction as having evaded concluding a contract

Decree of the Government of the Russian Federation dated November 11, 2015 No. 1217 established new requirements for procurement carried out in accordance with the rules of Law No. 223-FZ. These requirements come into force on January 1, 2016 and consist of the following key changes:

Expanding the list of products purchased exclusively in electronic form.
Introduction of new OKVED classifiers 2 and OKPD 2.

Electronic procurement

The current version of the Government of the Russian Federation of June 21, 2012 No. 616 contains a list of 12 well-known product items that customers are required to purchase in electronic form - this is water, stationery and printed materials, office and some other equipment, cars and trailers for them, services their repair and cleaning of buildings. With the changes approved by Resolution No. 1217, this list increases more than 10 times.

Even in an enlarged form, the customer’s obligation to conduct electronic procurement now extends to the following groups of goods:

Medical products (dressing materials, pharmaceutical rubber products, vessels for drugs, instruments, prostheses, medical furniture, etc.).
Container (wooden, metal).
Computer, electronic, optical, writing, copying equipment.
Cash registers.
Office furniture.
Air filters, fuel filters.
Equipment for nuclear reactors.
Transformers and electrical installation equipment.
Conveyors.
Machine tools.
Cars, buses, trucks, trolleybuses.
Scales and handling equipment.
Metal structures and fasteners.
Various types of stationery (from buttons and trays to binders and felt-tip pens).
Printed products (including books, magazines, calendars).
Application software.
Audio and video recordings.
Printing and video recording services.
Car sales, towing, technical inspection and repair services.
Services by retail trade fuels and lubricants.
Warehousing services.
Cleaning and tidying services.
Computer and equipment repair services.

Components for the equipment listed above (including engines internal combustion) are purchased electronically, like the equipment itself. There are also additional categories, not reflected in the above list, such as clothing for maintaining physical fitness, playing cards or metal magnets. In total, the list of Resolution No. 616 as amended by Resolution No. 1217 contains more than 150 items.

With this approach, a correct understanding of the very essence of e-procurement becomes even more important. Law enforcement practice has developed an unambiguous interpretation of the requirement of Law No. 223-FZ in the sense that only purchases carried out on an electronic trading platform can be considered electronic procurement. At the same time, all stages of the procurement must be implemented on the ETP - from publication of the notice to publication of the final protocol (and not just its individual elements).

Exactly this understanding is established on legislative level since 2016 with amendments to Law No. 223-FZ. The same amendments establish the concept of an electronic platform. For more than a year, electronic procurement under Law No. 223-FZ will be carried out in the current mode on those sites chosen by the customers themselves. During this time, it is planned to select universal electronic platforms, to which in 2017 it is planned to transfer purchases carried out according to the rules of 223-FZ.

Here it is important to recall that even after the entry into force of Resolution No. 1217, the customer can independently choose for procurement in electronic form not only the one that is convenient for him electronic platform, but also the specific method of procurement in which he will conduct it - this, like today, can be not only an electronic auction, but also an electronic competition, email request quotations or electronic request for proposals.

New classifiers

Classifiers OKVED 2 and OKPD 2 for procurement under Law No. 223-FZ came into force on January 1, 2016. Changes, approved. Resolution No. 1217 provides for their use in the following cases:

When compiling a list of products purchased from small and medium-sized businesses (clause 5 of the changes).
When drawing up a procurement plan (clause 3 of the changes).
When placing a notice of purchase (clause 2 of the changes).
When compiling a list of information included in the register of unscrupulous suppliers (clause 4 of the changes).

All-Russian classifier species economic activity(OKVED2) OK 029-2014 (NACE Rev. 2) and the All-Russian Classifier of Products by Type of Economic Activities (OKPD2) were approved by Order of Rosstandart dated January 31, 2014 No. 14-st. The same order canceled the following from January 1, 2016:

All-Russian Classifier of Types of Economic Activities (OKVED) OK 029-2001 (NACE Rev. 1).
All-Russian Classifier of Types of Economic Activities (OKVED) OK 029-2007 (NACE Rev. 1.1).
All-Russian Classifier of Types of Economic Activities, Products and Services (OKDP) OK 004-93.
All-Russian classifier of products by type of economic activity (OKPD) OK 034-2007 (KPES 2002).
All-Russian Classifier of Services to the Population (OKUN) OK 002-93.
All-Russian Product Classifier (OKP) OK 005-93.

The new classifiers also have official websites: OKVED 2 And

To date state procurements in our country it is controlled by Federal Law No. 44. And from the 72nd to the 79th articles of this legislative and regulatory act are devoted to such a method of identifying a supplier as a request for quotation.

What is an electronic quotation request?

According to paragraph 1 of Art. 72 FZ-44, a request for price quotations is that form of determining a supplier in which the contract goes to the participant who offered the most low price its implementation. At the same time, all information is published in an open mode, in the space of the Unified Information System.

Rules for conducting an electronic request for quotations

Electronic request for quotations characterizes a number of important points, which both the organizer and the bidder need to know.

Maximum contract amount requested electronic quotes, should not be more than five hundred thousand rubles.
Notice of the auction is posted in the public domain no later than a week before its completion. In cases where the contract price is less than 250 thousand rubles, this period can be reduced to four days (working days).
The annual amount of purchases carried out in this way should not exceed one hundred million rubles in monetary terms.
Along with the notice, it is necessary to publish the draft of the future contract and not remove it from public access until the submission of applications is completed.
Submitting a quotation does not require the participant to have bid security.
The organizer has no right to require any documents from the participant other than an application in the prescribed form.
If a request for quotation is carried out on the territory of foreign countries, or is related to emergency situations, then special rules prescribed in the outline of the law come into force.

How to participate in an electronic quotation request?

To do this, you must submit an official application to in electronic format, compiled and executed in accordance with all the rules of Federal Law No. 44. These norms are contained in the third paragraph of Article 73 legislative act. According to it, the application must contain:

Organization details;
Passport details of the responsible person;
Legal and physical addresses of the company;
TIN of the organization and responsible person;
Documents confirming that the participant has certain advantages - for example, belonging to the small business segment;
Statement of the cost of performing work/supplies under the contract.

At the same time, the law does not contain any sample of this application, so the organizer has the right to independently attach it to the tender documentation.

How to win an electronic quotation request?

In order to win an electronic quotation request, first of all, the customer's conditions are necessary. Procurement laws contain many nuances that are familiar and understandable only to highly specialized professionals.
Do you want to make your participation in quotation requests as productive as possible? Contact our company's experts for help!

Customers operating under Law No. 223-FZ are increasingly conducting electronic procurement. However, the procedure e-procurement for certain types of legal entities has not been fully regulated. We’ll tell you what points you should pay attention to in order to avoid mistakes during e-procurement.

From this article you will learn:

what to consider when choosing e-procurement;
Law No. 223-FZ and the use of an electronic trading platform;
choosing the right electronic trading platform;
the future of e-procurement.

The current version of Law No. 223-FZ does not contain strict instructions on the choice of procurement methods. The customer establishes the procurement methods and conditions for their use in the procurement regulations. However, what about the procurement form? How obligatory is it for customers to conduct purchases electronically? Are there any restrictions when choosing an ETP and, most importantly, what should you prepare for in the near future? Let's answer these questions.

Electronic procurement under 223-FZ

What to consider when choosing e-procurement

Electronic procurement must be carried out if you need to purchase products included in the so-called electronic list.

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For the procurement of other goods, works, and services, the electronic form can be used at will. Electronic procurement can be carried out in any way provided for by the procurement regulations. The Government of the Russian Federation has established a list of goods, works, and services, the purchase of which is carried out in electronic form. This electronic list is given in the Decree of the Government of the Russian Federation dated June 21, 2012. Customers subject to Law No. 223-FZ are required to purchase everything that is listed in Resolution No. 616 in electronic form. If customers ignore this requirement, they face the risk of cancellation of purchases and administrative fines.

However, a significant number of customers, subject to Law No. 223-FZ, use the electronic form without the threat of fines. After all, the electronic list includes goods and services that are widely used in procurement practice. For example, stationery, printing products, vehicles

, cleaning services. Customers determine the specific method of electronic procurement (auction, competition, request for quotations, etc.) and the procurement procedure independently (letter of the Federal Antimonopoly Service of Russia dated December 24, 2012 No. IA/44025/12).

Law No. 223-FZ does not imply the categorical use of ETP

Law No. 223-FZ does not establish a categorical requirement to use an electronic trading platform, as Law No. 44-FZ does. But it’s still better to work on the ETP. We are working according to Federal Law 223, and an issue has arisen with electronic procurement. When making purchases from the list approved by the Government, we select a simple request for prices in the Unified Information System, indicating in the documentation that procurement is in electronic form and applications are accepted on email

. We also place the purchase on the site, indicating a simple request for prices and the method for accepting applications - by email. Will this purchase be considered carried out electronically?

Answer Oksana Balandina

, chief editor of the State Order System From July 1, 2018 to January 1, 2019 for customers transition period – it is allowed to carry out both electronic and paper procedures
. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.

Carrying out procurement in electronic form involves the exchange of electronic documents using computers, information and telecommunication networks or information systems.

The letter of the Federal Antimonopoly Service of Russia dated July 2, 2014 No. ATs/26473/14 states: “... the exchange of electronic documents between the customer and the procurement participant in accordance with the requirements for a certain procurement method established in the procurement regulations can be considered as procurement in electronic form "

If control measures are carried out in relation to a specific procurement, violations may be identified in terms of non-compliance with the electronic form.

Choose the method of open request for prices in electronic form when purchasing products included in the list.

What purchases under 223-FZ should be carried out electronically?

The customer is obliged to conduct a purchase in electronic form if he purchases products from a special list, which the Government of the Russian Federation approved by Resolution No. 616 of June 21, 2012, hereinafter referred to as Resolution No. 616. This is stated in Part 4 of Article 3 of Law No. 223-FZ.

There are three exceptions for customers, when products from the list approved by Resolution No. 616 do not need to be purchased electronically.

Exception 1. The customer purchases products, information about which does not need to be placed in the Unified Information System (Part 15, Article 4 of Law No. 223-FZ).

Exception 2. The customer needs the product because:

an accident occurred;
an act of force majeure occurred;
urgent medical intervention is required;
a natural or man-made emergency has occurred;
it is necessary to prevent the threat of an accident, force majeure, emergency, or urgent medical intervention.

Exception 3. The customer is purchasing from sole supplier. At the same time, in the Procurement Regulations, stipulate which goods, works or services you have the right to purchase from a single supplier. Whether the products are included in list No. 616 or not is not important.

Such exceptions are provided for in paragraph 2 of Decree No. 616.

Provide for electronic procurement in the Procurement Regulations. Choose your own purchasing method. For example, an electronic auction, a competition with the ability to submit applications in electronic form, an electronic request for quotations.

Have you purchased products from the list approved by Resolution No. 616, not in electronic form? Controllers will punish you with a fine.

For an organization, the fine will be from 100,000 to 300,000 rubles, for an official - from 10,000 to 30,000 rubles. (Part 1 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).

If an official violates Resolution No. 616 twice, the punishment will increase to a fine of 40,000-50,000 rubles. or disqualification for a period of 6 to 12 months (part 2 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).

Purchase in electronic form according to Law No. 223-FZ

the federal law dated July 18, 2011 No. 223-FZ “On the procurement of goods, works, services certain types legal entities"(hereinafter referred to as Law No. 223-FZ) does not clarify what “electronic form” of procurement means.

In accordance with Part 4 of Art. 3 of Law No. 223-FZ The Government of the Russian Federation has the right to establish a list of goods, works, services, the purchase of which is carried out in electronic form. On June 21, 2012, Government Resolution No. 616 “On approval of the list of goods, works and services, the procurement of which is carried out in electronic form” (hereinafter referred to as Resolution No. 616) approved the said List.

The resolution also established exceptions. In particular, the purchase of goods, works and services included in the list approved by this resolution is not carried out in electronic form:

if information about the purchase in accordance with Part 15 of Art. 4 of Law No. 223-FZ is subject to placement in the Unified Information System;
if the need for procurement arose as a result of an emergency situation, force majeure, or the need for urgent medical intervention, emergency situations natural or man-made, as well as in order to prevent the threat of their occurrence;
if the purchase is carried out from a single supplier (performer, contractor) in accordance with the procurement regulations provided for in Art. 2 of Law No. 223-FZ.

The procedure for procurement in electronic form

So what is an “electronic form” and what is the procedure for conducting electronic procurement?

In accordance with clause 11.1 of Art. 2 of the Federal Law of July 27, 2006 No. 149-FZ “On information, information technology and on information protection" "electronic document - documented information, presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems."

In accordance with Art. 6 of the Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signature” (hereinafter referred to as Law No. 63-FZ) “information in electronic form signed with a qualified electronic signature is recognized as an electronic document equivalent to a document on paper signed in hand signature."

Consequently, procurement in electronic form involves the exchange of electronic documents using computers, information and telecommunication networks or information systems. Neither Law No. 223-FZ nor Resolution No. 616 stipulates that electronic procurement must be carried out on electronic trading platforms.

Consequently, customers, in accordance with this resolution, have the right to independently conduct procurement in electronic form, without involving an electronic trading platform, provided that all documents related to the procurement are signed, including applications from procurement participants and contracts concluded as a result of the procurement procedure, electronic digital signature.

Resolution No. 616 does not define which procedure can be considered as an electronic procurement, and does not establish requirements for the mandatory conduct of such procurement on an electronic trading platform. There is also no established list of electronic trading platforms on which purchases of goods, works, and services can be carried out in electronic form.

Electronic procurement can be considered the exchange of electronic documents between the customer and procurement participants in accordance with the requirements for a specific procurement method.

Thus, the customer independently determines the procedure for conducting a purchase in electronic form, the need for such a purchase on the electronic trading platform, as well as the specific platform for carrying out the specified purchase.

In order to comply with Government Decree No. 616, the customer can choose any procedure for exchanging electronic documents - via email, on electronic media or through special websites - their own (customer’s official website) or specialized, so-called ETP.

It is important that this procedure must be reflected in the procurement regulations.

Methods for exchanging electronic documents

Let's consider the advantages and disadvantages of each of these methods.

First, you need to decide on the rules and procedure for using an electronic signature.

In accordance with Law No. 63-FZ:

electronic signature- information in electronic form that is attached to or otherwise associated with other information in electronic form (signed information) and that is used to identify the person signing the information;

electronic signature key - a unique sequence of characters intended to create an electronic signature;

In accordance with Law No. 63-FZ, an electronic signature can be simple or enhanced. There is a distinction between an enhanced unqualified electronic signature (hereinafter referred to as an unqualified electronic signature) and an enhanced qualified electronic signature (hereinafter referred to as a qualified electronic signature).

A simple electronic signature is an electronic signature that, through the use of codes, passwords or other means, confirms the fact of the formation of an electronic signature by a certain person.

Non-qualified electronic signature is an electronic signature that:

obtained as a result of cryptographic transformation of information using an electronic signature key;

allows you to identify the person who signed the electronic document;

allows you to detect the fact of making changes to an electronic document after its signing;

created using electronic signature tools.

Qualified electronic signature is an electronic signature that meets all the characteristics of an unqualified electronic signature and the following additional characteristics:

the electronic signature verification key is specified in the qualified certificate;

To create and verify an electronic signature, electronic signature tools are used that have received confirmation of compliance with the requirements established in accordance with this Federal Law.

Information in electronic form, signed with a simple electronic signature or an unqualified electronic signature, is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, in cases established by federal laws, regulations adopted in accordance with them, or an agreement between participants in electronic interaction. Regulatory legal acts and agreements between participants in electronic interaction, establishing cases of recognizing electronic documents signed with a non-qualified electronic signature as equivalent to documents on paper media signed with a handwritten signature must provide for a procedure for verifying the electronic signature. Regulatory legal acts and agreements between participants in electronic interaction, establishing cases of recognizing electronic documents signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature, must comply with the requirements of Art. 9 of this Law No. 63-FZ.

Thus, the customer has the right to choose any method of certifying the documents necessary for the procurement, unless the legislation establishes special requirements for such documents.

The procurement documentation must also specify the requirements for the procedure for submitting an application by a procurement participant:

Exchange of electronic documents via email seems to be the simplest, but also the most unreliable way.

Simple - because it does not require any extra work, except for allocating a special address for receiving applications. Unreliable - because, firstly, even the most carefully written rules for confirming receipt of an application from a participant do not guarantee the absence of accusations on the part of the participant that he sent an application, but for some reason the customer did not receive it, and secondly, there is practically no way to ensure closure access to information before the date and time of opening access.

Exchange of electronic documents through the customer’s official website- a rather expensive method, and currently only the largest Russian companies can afford to create and maintain electronic platforms for their own needs. Advantages - the system and its functionality fully correspond to the specifics of the customer.

On such sites it is much easier to organize a system of confirmed submission of applications and restriction of access to it before the deadline for submission.

Exchange of electronic documents via ETP- perhaps the most optimal way to place orders electronically. Currently, there are more than two dozen different ETPs that are ready to offer customers the most convenient forms of work. In this case, the ETP operator acts as an intermediary and guarantor in the interaction between the customer and the participant.

It is the operator who confirms receipt of the application and who ensures that it is not available for opening until the deadline for submitting the application.

Almost all ETPs offer placing orders in all possible ways - from the simplest (request for quotes) to the most complex (two-stage with prequalification and rebidding).

In addition, many ETPs offer marketing reviews that allow the customer to prepare price justification, information on participants who might be interested in purchasing, etc.

The key innovations of Law No. 223-FZ were the establishment by the legislator of general principles (basics) for conducting procurement activities of customers, the key of which are the principles of ensuring competition and information openness in the process of procurement of goods, works, and services.

One of the main forms of implementation of these principles was the establishment of an obligation for customers to purchase certain goods, works and services in electronic form. Moreover, in accordance with Part 4 of Art. 3 of Law No. 223-FZ, the determination of the list of goods, works and services, the purchase of which must be carried out in electronic form, falls within the competence of the Government Russian Federation.

Such a list was established by RF PP No. 616 dated 06/21/2012 “On approval of the list of goods, works and services, the purchase of which is carried out in electronic form” (hereinafter referred to as PP No. 616). Thus, all goods and services included in this list must be purchased by the customer in electronic form.

Also, RF PP No. 616 determines in which cases the purchase of goods, works and services included in the list is not carried out in electronic form:

if information about the purchase in accordance with Part 15 of Article 4 of Law No. 223-FZ is not subject to placement in the Unified Information System;
if the need for procurement arose as a result of an emergency, force majeure, the need for urgent medical intervention, natural or man-made emergencies, as well as in order to prevent the threat of their occurrence;
if the purchase is carried out from a single supplier (performer, contractor) in accordance with the customer’s procurement regulations (for example, the cost of the purchase does not exceed the price threshold up to which purchases are made using the “single supplier” method, prescribed in the procurement regulations).

7.1. The concept of electronic procurement and prospects for increasing the share of electronic procurement

To consider the features of procurement in electronic form, first of all, it is necessary to define the concept of “purchase in electronic form”, since neither the Law nor the Resolution currently do not give legislative definition of this concept.

A kind of gap in legal regulation this sphere of relations, on the one hand, provides customers with a certain freedom of action in determining the method and procedure for conducting procurement in electronic form, but on the other hand, it generates a large number of disputes related to the recognition of the procedure carried out as procurement in electronic form, and as a consequence the risk of recognizing the procedure and the contract concluded as a result of it as invalid, as well as the likelihood of bringing the customer’s official to administrative liability.

In particular, in practice there are often cases when customers, when purchasing goods, works, and services listed in RF PP No. 616, establish requirements for the need for procurement participants to submit applications on paper.

As shown arbitrage practice consideration of similar disputes, the position of the antimonopoly service and the courts is that “the electronic form of bidding excludes any possibility of using paper documents, and the procedure itself should be carried out using only electronic document management" 1 .

A similar position on the definition of procurement carried out electronically was expressed by the Federal antimonopoly service. According to this position, “the exchange of electronic documents between the customer and the procurement participant in accordance with the requirements for a specific procurement method established in the procurement regulations can be considered as procurement in electronic form” 2 .

Due to the current lack of a unified approach to the definition and classification of procurement in electronic form within the framework of Law No. 223-FZ, the authors of the book consider it necessary to express their point of view on this issue:

firstly, based on the systematic interpretation of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” and the Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures”, an electronic signature is the only requisite , giving legal force to the document. A message in electronic form that does not contain an electronic signature cannot be identified as a document, therefore, it legal force raises serious doubts. In this regard, procurement procedures carried out by a number of customers by accepting participants’ applications by e-mail without signing the participant’s digital signature documents cannot be considered as procurement in electronic form.
secondly, the possibility of recognizing as electronic procurement a procedure carried out outside the ETP and (or) without the use of an EDS will depend on the legal position territorial body FAS Russia, which can often differ in different regions;
thirdly, at present in Russia there is already a functioning market of ETP operators that use proven mechanisms of interaction between participants and procurement organizers and guarantee the legal purity of transactions, which allows the legislator to provide only possible way carrying out the procedure electronically within the framework of Law No. 223-FZ - on the website of the operator of the electronic platform.

The indicated gaps in the Procurement Law in terms of insufficient regulation and certainty of the concept of “electronic procurement” necessitated the need to amend the Law.

1 Decree of the Federal arbitration court Moscow District dated January 27, 2014 in case No. A40-9514/2013 http://docs.cntd.ru/document/470386578

2 Letter of the Federal Antimonopoly Service of Russia dated October 5, 2012 No. TsA/32535

In September 2015 State Duma The bill “On Amendments to the Federal Law “On the Procurement of Goods, Works, and Services by Certain Types of Legal Entities” was adopted in the first reading, which provides a clear and specific definition of procurement in electronic form.
In accordance with this bill, procurement in electronic form “is understood as a procurement, the implementation of which is provided by an electronic platform on a website on the Internet information and telecommunications network in the manner established by the procurement regulations. When purchasing in electronic form, it must be possible to send applications from procurement participants in the form of electronic documents, the confidentiality of information contained in such applications until access to them is opened to the customer, as well as comparison of proposals from procurement participants on the contract price through the software and hardware complex of the electronic platform.” .

In our opinion, this definition most fully reflects the achievements and experience of conducting regulated procurement in electronic form using the resources and functionality of operators of electronic platforms as the most convenient and reliable way to conduct procurement in electronic form.

Conducting purchases in electronic form on electronic trading platforms within the framework of the Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for government and municipal needs» was of great importance for the development of competition, saving customers’ budgetary funds, as well as openness and transparency in procurement.

Currently, the effectiveness and potential of electronic procurement within the framework of 223-FZ has not been fully revealed. In this regard, the changes proposed by the legislator to the Law in terms of regulating the procedure for conducting procurement in electronic form, as well as consolidating the key role of operators of electronic platforms in conducting procurement in electronic form, can help achieve the goals and principles of procurement activities of customers established in the Law.

In addition, the Order of the Government of the Russian Federation dated May 29, 2013 No. 867-r approved the Action Plan (“road map”) for expanding access of small and medium-sized businesses to procurement of infrastructure monopolies and companies with state participation. In order to implement the roadmap activities, performance indicators that need to be improved and whose values need to be increased were identified. Among such indicators, the share of electronic procurement in the total annual volume of open purchases by customers competitive ways(measured as the value share of contracts concluded as a result of open procurement procedures in electronic form in the total annual volume of contracts concluded as part of customer procurement through open competitive methods).

It is planned to increase the share of electronic procurement in the total annual volume of open competitive procurement gradually. Thus, by the end of 2014, the share of electronic procurement should be at least 40%, in December 2015 - at least 45%, in December 2016 - at least 50%, in December 2017 - at least 60%. By the end of 2018, the share of such purchases should be at least 70% of the total volume of purchases carried out through open competitive methods.

7.2. Features and advantages of electronic procurement procedures

By general rule When conducting procurement procedures in electronic form, document flow (including filing an application, changing the notice and procurement documentation, clarification of procurement documentation, etc.) is carried out in electronic form on electronic trading platforms.

Conducting purchases electronically is more profitable and easier. They can be carried out not only in relation to GWS specified in Resolution No. 616.

When purchasing in a non-electronic form, the customer must accept applications, keep a log of applications, and ensure their proper storage.

When conducting procurement in electronic form without the use of electronic trading platforms (ETP), a number of problems also arise related to the receipt and storage of applications.

Conducting procurement on an electronic platform has a number of undoubted advantages for both customers and suppliers:

EXAMPLE: If for technical reasons the customer does not receive the supplier’s application (for example, the organization’s server recognizes the participant’s application as spam and blocks email), the customer will be responsible for limiting competition.

When accepting applications by email, the customer is obliged to check whether the electronic signature is valid. The electronic platform itself accepts, registers and stores applications, and verifies the digital signature.

When purchasing on an electronic platform, the customer also does not need an auctioneer, special program, you don’t need to spend the whole day organizing an auction.

When conducting procurement in a non-electronic form, the customer is recommended to open applications publicly: invite participants and videotape. If complaints are received, the video will serve as proof of the customer’s innocence.

When purchasing on an ETP, this need is eliminated - the platform itself serves as a guarantee that the customer has not done anything with the applications.

The largest customers strive to carry out maximum amount procurement in electronic form:

Rosatom: 100%
Moscow metro: 100%
Rostelecom: 75%

When working on an ETP it is also possible distant work, this requires only an electronic signature.

Along with the above advantages, the OTC-tender electronic trading platform offers a number additional features, increasing the simplicity and convenience of procurement:
1) electronic platform OTC tender integrated with the website www.zakupki.gov.ru, on which all customers carrying out procurement activities in accordance with federal laws No. 44-FZ and No. 223-FZ, they are required to post information about procurement. It is enough to go to the OTC-tender electronic platform, place all the information there and, with the click of one button, send the same information to the website www.zakupki.gov.ru, then go to the OOS and confirm this information with your electronic signature;
2) the ability to conduct procurement electronically in any way, since the functionality of the site allows the customer to fulfill any clauses of its procurement regulations;
3) real savings for customers (reduction of the order price by up to 15% due to high competition in bidding among suppliers, automation of labor-intensive operations for placing an order and organizing bidding, increased profitability due to lower costs and better conditions supplies);
4) Low percentage of failed procedures (more than 100,000 suppliers are accredited on the site, contracts totaling 1.5 trillion rubles have been concluded);
5) Free education for customers.

The general procedure for conducting procurement procedures in electronic form is similar to the procedure for conducting conventional procurement procedures, which are carried out using paper documents and/or documents in electronic form.

Since the legislator has not established specific procurement methods that can be carried out electronically, as well as a list of operators of electronic platforms on which such procurements can be carried out, the customer must independently indicate in his procurement regulations the name and Internet address of the electronic platform, on which he conducts electronic procurement procedures, and indicate its address in the notice of the procurement procedure in electronic form.

In addition, the customer must indicate in the procurement regulations what specific methods of procurement in electronic form he will use and in what order these purchases will be carried out, since the electronic form in terms of the application of Law No. 223-FZ is not limited to an electronic auction, as in government procurement .

Procurement methods implemented on the OTC-tender electronic platform:

Auctions (open, closed);
Reductions;
Competitions (open, closed, price, for concluding a framework agreement, with prequalification, with rebidding);
Requests for prices/proposals (open, closed, with pre-qualification, two-stage, multi-criteria, with rebidding);
Competitive negotiations (open, closed, with pre-qualification, multi-stage);
Purchasing from a single source.

Cost of work on the OTC-tender site

Registration on the site is complete free.

All services for customers - free.

The fee is charged only to the participant who is the winner of the procedure. If the purchase cost is up to 590 thousand rubles, then the fee is 1% of the initial (maximum) price, if the cost is higher, the fee is 5,900 rubles.

It is also possible for the supplier to pay for participation in the auction in the form of an unlimited license, which involves a one-time fee for use software for one, three, six or twelve months in the amount of 5,000 rubles, 14,000 rubles, 28,000 rubles, and 55,500 rubles, respectively.

Stages of implementation of OTS.RU (transition time to the electronic platform ranges from 2 days to 2 weeks).
1. Accreditation on OTS.RU. You must apply for accreditation. A personal manager is assigned to each customer. You can find out more about your manager by calling OTS.RU.
2. Preparation for bidding. Practical training for ETP users. Settings personal account carried out together with a personal manager.
3. Conducting procurement (publication of notice, consideration of applications, selection of winner)

7.3. Consequences of violating the electronic procurement procedure

On May 5, 2014, the President of the Russian Federation signed the Federal Law “On Amendments to the Code of the Russian Federation on administrative offenses"(Administrative Code), which establishes administrative liability in relation to customers for violating the requirements of Law No. 223-FZ.

In accordance with Part 2 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, in case of failure to comply with the requirements of RF PP No. 616 (purchase of goods, works, services in another form, if such procurement must be carried out in electronic form), the entity that committed the offense is held administratively liable:

As officials persons performing the functions of organizing and implementing procurement, including members of the procurement commission, in accordance with the note to Article 2.4. Code of Administrative Offenses of the Russian Federation. As a general rule administrative responsibility for this offense will occur in relation to the person who made the decision to purchase not in electronic form: if there is an order to conduct the purchase in electronic form - for the person who signed the order, in the absence of an order - for the person who approved the procurement documentation.

The commission can be formed before the procedure (before the notice is published), or during the procurement process, but before the decision is made that the commission must make. It is recommended to create a commission before the public announcement of an open procurement procedure, an invitation to participate in a closed procurement procedure, or within a period sufficient to familiarize the commission members with the materials on the agenda.

A commission should be formed only when a collegial decision on any issue is necessary.

When forming the work procedure of the commission, the following should be taken into account:

the procedure for notifying members of the commission about a meeting of the commission (including the period within which a reminder of the meeting should be sent and a request to confirm the presence of each member of the commission at the meeting);
the procedure for familiarizing yourself with the materials necessary to make decisions on the agenda items;
the procedure for attracting experts (how the attraction occurs if the expert is internal, how the external expert is attracted; the procedure for the expert’s work, the status of the expert opinion);
procedure and cases of replacing commission members ( business trips, unforeseen cases, self-recusal, forced replacement, etc.);
the procedure for determining the legitimacy of the commission for making a decision (quorum - 50% of the commission members who have the right to vote, rounded up (if there are 5 members, then the quorum is 3);
procedure for the commission meeting (in person, using communication means (telephone, video conferencing));
procedure for making decisions on agenda items (voting right, veto right, right to abstain from making decisions; voting in person/absentee, open/closed; equality of votes, equality of points.
recording the decisions of the commission (logging, audio/video recording);
the procedure for the presence of third-party observers (it is necessary to clearly establish the rules of presence and stipulate the extent of their powers);
the procedure for notifying participants about decisions made by the commission (sending the protocol, extracts from the protocol in relation to a specific participant, indicating the names of those who made the decision/without indicating the names of those who made the decision.

Procedure for making decisions on agenda items

The right of veto is the right to block a decision (for example, if a commission is formed by a third-party organizer, a representative of the customer included in it may have such a right; the regulations of the commission must provide for the consequences of exercising the right of veto).

The right to abstain from making decisions - the right not to vote for or against. It is not recommended to enable such a right.