Electronic purchases. Request for quotations in electronic form. Electronic purchases and ETP status

We work under 223-FZ, there was a question with procurement in electronic form... When making purchases from the list approved by the Government, we select a simple request for prices in the EIS, indicating in the documentation that the purchase in electronic form and the acceptance of applications is carried out by e-mail. We also place the purchase on the site, indicating a simple request for prices and the method of accepting applications - by e-mail. Will this purchase be considered carried out in electronic form?

Answer

Oksana Balandina, editor-in-chief of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transitional period - it is allowed to carry out both electronic and paper procedures. As of 2019, paper tenders, auctions, quotes and requests for proposals will be banned, with eight exceptions.
Read what kind of purchases to conduct on the ETP, how to choose a site and get an electronic signature, according to what rules to conclude contracts in the transition period and after.

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

The letter of FAS Russia dated 02.07.2014 No. АЦ / 26473/14 says: “... the exchange of electronic documents between the customer and the procurement participant can be considered as an electronic procurement in accordance with the requirements for a specific procurement method established in the procurement regulation ".

In the case of carrying out control measures in relation to a specific purchase, violations may be revealed in terms of non-compliance with the electronic form.

Choose the method of open request for quotations in electronic form in the case of purchases of products included in the list.

What purchases under 223-ФЗ to carry out in electronic form

The customer is obliged to carry out the 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 - 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 in electronic form.

Exception 1. The customer purchases products, information about which does not need to be placed in the EIS (part 15 of article 4 of Law No. 223-FZ).

Exception 2. The customer needs products because:

  • an accident has occurred;
  • there was an action of force majeure;
  • urgent medical attention is needed;
  • a natural or man-made emergency has occurred;
  • it is necessary to prevent the threat of an accident, force majeure, emergency situation, urgent medical intervention.

Exception 3. The customer purchases from sole supplier... At the same time, in the Procurement Regulations, provide for what goods, works or services you are entitled to purchase from a single supplier. Whether products are included in the list number 616 or not, it does not matter.

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

Procurement in electronic form is provided in the Procurement Regulations. Choose the purchasing method yourself. 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? Supervisors will be punished 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 Administrative Code 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 Administrative Code of the Russian Federation).

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

Federal Law of July 18, 2011 No. 223-FZ "On the procurement of goods, works, services separate types legal entities"(hereinafter - Law No. 223-FZ) does not specify what the" 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, the Government Resolution No. 616 "On Approving the List of Goods, Works and Services, the Procurement of Which Is Carried Out in Electronic Form" (hereinafter - Resolution No. 616) approved the named List.

The decree also defined 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 on the purchase in accordance with Part 15 of Art. 4 of Law No. 223-FZ is subject to placement in the EIS;
  • if the need for the purchase arose as a result of the 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 procurement regulations provided for in Art. 2 of Law No. 223-FZ.

The procedure for conducting purchases in electronic form

So what is “electronic form” and what is the procedure for conducting purchases in electronic form?

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 the protection of information "" electronic document - documented information presented in electronic form, that is, in a form suitable for human perception using electronic computing machines, 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 - Law No. 63-FZ) "information in electronic form signed by a qualified electronic signature, is recognized as an electronic document equivalent to a paper document signed with a handwritten signature. "

Consequently, the 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 purchases in electronic form must be carried out necessarily on electronic trading platforms.

Consequently, in accordance with this resolution, customers have the right to independently conduct purchases in electronic form, without involving an electronic trading platform, subject to the signing of all documents related to ongoing purchases, including bids from procurement participants and contracts concluded following the procurement procedure, electronic digital signature.

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

The exchange of electronic documents between the customer and the procurement participants in accordance with the requirements for a certain method of procurement can be considered as an electronic procurement.

Thus, the customer independently determines the procedure for conducting a procurement in electronic form, the need for such a procurement on an electronic trading platform, as well as a specific site for conducting this procurement.

The customer, in order to comply with Government Decree No. 616, can choose any procedure for the exchange of electronic documents - through Email, on electronic media or through special websites - their own (the official website of the customer) or specialized, the so-called ETP.

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

Methods for the exchange of 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, which is attached to other information in electronic form (information to be signed) or otherwise associated with such information and which is used to identify the person signing the information;

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

In accordance with Law No. 63-FZ, an electronic signature can be simple and enhanced. A distinction is made 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.

Unqualified 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 the moment of its signing;

created using means of electronic signature.

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 means 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, regulatory legal acts adopted in accordance with them, or an agreement between participants in electronic interaction. Normative legal acts and agreements between participants in electronic interaction establishing cases of recognition electronic documents signed with an unqualified electronic signature, equivalent to paper documents signed with a handwritten signature, must provide for the procedure for verifying the electronic signature. Regulatory legal acts and agreements between participants in electronic interaction establishing cases of recognition of 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, if the legislation does not establish special requirements for such documents.

In the procurement documentation, it is also necessary to prescribe the requirements for the procedure for submitting an application by a participant in an order placement:

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

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

Exchange of electronic documents through the official website of the customer- quite an expensive method, and currently only the largest Russian companies can afford to create and maintain the performance of electronic platforms for their own needs. Advantages - the system and its functionality are fully consistent with the specifics of the customer.

At such sites, it is already much easier to organize a system of confirmed filing and restricting access to it until the deadline for filing.

Exchange of electronic documents via ETP is perhaps the most optimal way to place orders electronically. Currently, there are more than two dozen different ETPs, which are ready to offer customers the most convenient forms of work. At the same time, the ETP operator acts as an intermediary and guarantor in the interaction of the customer and the participant.

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

Almost all ETPs offer placing orders by 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 a price justification, information on participants who might be interested in purchasing, etc.

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

In this article, you will learn:

  • what to be guided by when choosing e-procurement;
  • Law No. 223-FZ and the use of an electronic trading platform;
  • right choice electronic trading platform;
  • the future of e-procurement.

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

Electronic procurement under 223-FZ

What to be guided by when choosing e-procurement

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

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For purchases of other goods, works, services, the electronic form can be used at will. E-procurement can be carried out in any manner provided for by the procurement regulation. The Government of the Russian Federation has established a list of goods, works, 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 of June 21, 2012. All that is listed in Resolution No. 616, customers subject to Law No. 223-FZ are required to purchase 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, and without the threat of fines, use the electronic form. After all, the electronic list includes goods and services widely used in procurement practice.

For example, stationery, printing products, vehicles, cleaning services. The specific method of electronic procurement (auction, tender, request for quotations, etc.) and the procurement procedure are determined by the customers independently (letter of the FAS Russia dated 24.12.2012 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 electronic trading platform, as does Law No. 44-FZ. But it is still better to work on the ETP.

01.01.2013 is one year since the Federal Law of July 18, 2011 "On the procurement of goods, works, services by certain types of legal entities" (hereinafter - Federal Law No. 223) entered into force. Enterprises whose activities fall under the provisions of Federal Law No. 223 carry out purchases under the new rules.

The basis for the activities of each individual customer, working in accordance with the norms of Federal Law No. 223, was the procurement regulation. The procurement regulation is the same set of "rules" that regulates procurement activities the customer and must contain requirements for the procurement, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, as well as other provisions related to procurement. This document became a kind of trap for customers.

The law provided for such procurement methods as tender and auction, which must be specified in the regulation, but the main thing is that the customer was given the right to place orders by other procurement methods, having established the order of their conduct in the regulation. Simply put, the customer was given the right to come up with methods and rules of procurement himself.

It may seem that nothing can be better than coming up with rules and playing by them. But it is important to understand that the rules need to be drawn up so as not to drive yourself into a corner. This primarily applies to electronic procurement... You can come up with a purchase of any complexity, but finding a site where it is possible to conduct it can be difficult. The site on which purchases will take place in electronic form must have the technical ability to conduct the purchase in accordance with the rules established by the customer. Therefore, the requirements for procurement in electronic form must be prescribed in the regulations, based on the technical capabilities of the site chosen for their implementation.

The choice of sites that offer to carry out purchases according to the norms of Federal Law No. 223 is quite wide. Each of them fights for their users, trying to make the working conditions as attractive as possible. Therefore, it is necessary to carefully approach the choice of a site for conducting purchases in electronic form:

  • study regulations or model clauses posted on the site;

  • contact to technical support site for consultation, do not be afraid to ask all your questions about what options are available for conducting purchases in electronic form;

  • find out on the cost of participation in procurement both for customers and for participants in the procurement (most often the services of such sites will be paid);
  • specify which software it is necessary to work on the site (for example, a special electronic digital signature);
  • find out if the selected site has electronic procurement integration with the Official Site(http://zakupki.gov.ru/) (further we will dwell on this in more detail);
  • analyze number of registered potential procurement participants on the selected resource, which can become suppliers (performers, contractors) under the contract;
  • pay attention to additional services that make the work of employees simple and convenient.

Integration of the site selected for placing purchases in electronic form in accordance with Federal Law No. 223 with the Official Site for placing information on placing orders (http://zakupki.gov.ru/) will be a plus and can facilitate work. The integration function provides automated exchange of procurement information with the Official Site. The integration scheme with the Official Site should also be clarified in technical support site in order to avoid mistakes in the process of posting information on purchases.

All this will help to put together a general idea of ​​how they can pass purchases in electronic form under Federal Law No. 223 and choose the best method that suits you. After all, the effectiveness of the purchases will depend on this.

After analyzing certain provisions of, probably, the most discussed in recent times Federal Law No. 223, to summarize the above:

1. Federal Law No. 223 gives a certain freedom of maneuver. It is necessary to use these opportunities and organize the purchasing activity of the enterprise in such a way that it is convenient for both the customer and the suppliers of products.

2. The development of the regulation must be approached very carefully, especially in the area of ​​procurement in electronic form.

3. Do not overload the situation with incomprehensible and unnecessary rules and procedures - this will complicate the work and confuse suppliers.

4. There is no need to come up with purchases in electronic form, which cannot be carried out on any of the currently existing sites. First, select a site for conducting electronic procurement, and then, based on its technical capabilities, reflect the rules for conducting them in your procurement regulation.

Thus, we hope that, guided by these simple rules and recommendations, you will be able to more effectively carry out procurement activities for your organization in accordance with the law.

Kuzmina Elena Valerievna,
manager of NPO "EFA"

February 19, 2013

You still have questions about purchases carried out in electronic form in accordance with with Federal Law No. 223 or how to choose a site for such purchases? You can contact the specialists of the ECHS on this topic.

In accordance with Art. 1229 of the Civil Code of the Russian Federation, clause 3 of part 1 of Art. 1274 of the Civil Code of the Russian Federation, the use of this material or its component parts for the purpose of posting it on other sites allowed only with the written permission of the copyright holder .

We remind you that the use of the result of intellectual activity, if such use is carried out without the consent of the copyright holder, is illegal and entails liability established by the Civil Code of the Russian Federation and other regulatory legal acts.

There are no new revisions of the article that have not entered into force.

When conducting competitive procurement in electronic form, the participants of such procurement send requests for clarification of the provisions of the notice on the implementation of the competitive procurement and (or) documentation on the competitive procurement, placement in a single information system such clarifications, submission by participants of competitive procurement in electronic form of applications for participation in competitive procurement in electronic form, final bids, provision of the commission for the implementation of competitive procurement access to these bids, comparison of price offers, additional price offers of participants in competitive procurement in electronic form, formation of projects protocols drawn up in accordance with this Federal Law are provided by the operator electronic platform on the electronic platform.

An operator of an electronic platform is understood to be commercial organization legal entity created in accordance with the law Russian Federation in the legal form of a limited liability company or non-public joint stock company, in authorized capital of which the share of foreign citizens, stateless persons, foreign legal entities or the number of voting shares owned by these citizens and persons is no more than twenty-five percent, owning an electronic platform, including the equipment and software and hardware necessary for its operation ( hereinafter also referred to as the software and hardware of the electronic platform), and ensuring the conduct of competitive purchases in electronic form in accordance with the provisions of this Federal Law. The operation of the electronic site is carried out in accordance with the rules in force on the electronic site and the agreement concluded between the customer and the operator of the electronic site, taking into account the provisions of this article.

A participant in a competitive procurement in electronic form in order to participate in a competitive procurement in an electronic form must obtain accreditation on the electronic site in the manner established by the operator of the electronic site.

The exchange between a participant in a competitive procurement in electronic form, a customer and an operator of an electronic site of information related to obtaining accreditation on an electronic site, the implementation of competitive procurement in electronic form is carried out on an electronic site in the form of electronic documents.

Electronic documents of a participant in a competitive procurement in electronic form, a customer, an operator of an electronic site must be signed with an enhanced qualified electronic signature (hereinafter referred to as an electronic signature) of a person entitled to act on behalf of a participant in a competitive procurement in electronic form, a customer, an operator of an electronic site.

Information related to the implementation of competitive procurement in electronic form is subject to placement in the manner prescribed by this Federal Law. Within one hour from the moment of posting, such information must be placed in a unified information system and on an electronic platform. Such information should be available for review free of charge.

Within one hour from the moment of placement in the unified information system of the notice of refusal to carry out competitive procurement in electronic form, changes made to the notice of competitive procurement in electronic form, documentation on such procurement, clarifications of the provisions of the documentation on such procurement, customer inquiries about explaining the provisions of the application for participation in a competitive procurement in electronic form, the operator of the electronic site places the specified information on the electronic site, sends a notification of the specified changes, explanations to all participants in the competitive procurement in electronic form who submitted applications for participation in it, a notification of these explanations also to the person, who sent a request for clarification of the provisions of the documentation on competitive procurement, notification of these requests for clarification of the provisions of the bid of the participant of such procurement to customers at the e-mail addresses indicated by these participants during accreditation on the electronic platform site or by that person when making a request.

When an operator of an electronic site sends to a customer electronic documents received from a participant in a competitive procurement in electronic form, before summing up the results of a competitive procurement in electronic form, the operator of an electronic site is obliged to ensure the confidentiality of information about this participant, with the exception of cases provided for by this Federal Law.

When conducting competitive procurement in electronic form, negotiations between the customer and the operator of the electronic site and the operator of the electronic site with a participant in the competitive procurement in electronic form are not allowed if, as a result of these negotiations, preferential conditions are created for participation in the competitive procurement in electronic form and (or) conditions for the disclosure of confidential information.

The operator of the electronic platform ensures the confidentiality of information:

  • 1) on the content of bids for participation in competitive procurement in electronic form, final bids until the customer opens access to them within the time limits established by the notice on the implementation of competitive procurement in electronic form, documentation on competitive procurement in electronic form;
  • 2) on the content of price offers of participants in competitive procurement in electronic form, with the exception of holding an auction in electronic form, as well as additional price offers (if the submission of additional price offers is provided for by a notice of competitive procurement in electronic form and documentation on competitive procurement in electronic form) before the formation of the final protocol. Comparison of price offers is carried out using the software and hardware of the electronic platform during the formation of the final protocol.

A participant in a competitive procurement in electronic form, who has submitted an application for participation in such a procurement, has the right to withdraw this application or make changes to it no later than the deadline for filing applications for participation in such a procurement by sending a notification to the operator of the electronic platform.

The operator of the electronic site is obliged to ensure the continuity of the competitive procurement in electronic form, the invariability of electronic documents signed by an electronic signature, the reliability of the functioning of software and technical means used to carry out competitive procurement in electronic form, equal access of participants in competitive procurement in electronic form to participate in it. For violation of these requirements, the operator of the electronic site is liable in accordance with the legislation of the Russian Federation.


That relate to electronic procurement. Recall that the novels are provided for by the Federal Law of December 31, 2017 No. 505-FZ. Head of Legal Expertise Department, B2B-Center, Ph.D., Dmitry Kazantsev prepared short review innovations.

Electronic purchases and ETP status

Competitive purchases are carried out in electronic form by default (part 2 of article 3). Exceptions to this rule should be expressly stated in the Procurement Regulations.

The concept of e-procurement is introduced as a competitive procurement carried out on an electronic site (part 1 of article 3.3). Requirements for the operator of an electronic site are reduced to its organizational and legal form and ownership structure (part 2 of article 3.3). No other requirements have been established for the operators of electronic platforms for conducting electronic procurement in accordance with the rules of Law No. 223-FZ.

Only for e-procurement, in which only SMEs are participants, the operator of an electronic site must meet another requirement: it must be included in the list of sites approved by the Government of the Russian Federation where such purchases are carried out in accordance with the rules of Law No. 223-FZ (Part 11 of Art. . 3.4).

A platform can enter such a list if it simultaneously meets:

a) uniform requirements stipulated by Law No. 44-FZ.

b) additional requirements established by the Government of the Russian Federation for electronic platforms where purchases are carried out exclusively with SMEs in accordance with the rules of Law No. 223-FZ.

Currently, the Government has not approved any single requirements or additional requirements.

At the same time, for conducting electronic purchases in accordance with the rules of Law No. 223-FZ, the Government of the Russian Federation will approve a separate list of electronic sites (direct reference to Part 11 of Article 3.4).

Electronic procurement methods

A closed list of procurement methods used in the procurement with the participation of SMEs exclusively has been formulated (part 2 of article 3.4). Such purchases are carried out exclusively in electronic form.

For all other purchases, the list of permitted methods is open (direct indication of clause 2, part 3.1 of article 3). The customer, as before, has the right to carry out the procurement in the ways that are established in his Procurement Regulations. The customer retained the right to establish additional elements of these purchases, such as the first stage, prequalification, rebidding. Only these additional elements should now be called stages (part 24 of article 3.2).

Mandatory participation of the procurement commission in determining the winner of each competitive procurement is envisaged (part 8 of article 3.2). The composition of such a commission and the procedure for its work, as before, is determined by the customer independently.

The customer is deprived of the right to refuse the purchase after opening the envelopes, regardless of the method and form of competitive procurement (part 5 of article 3.2). The short stories also do not provide for the right to refuse to conclude a contract.

The use of the terms "tender", "auction", "request for quotations" and "request for proposals" established by clause 1 of part 3.1 of Art. 3, by virtue of the above, is desirable but not required.

When carrying out these purchases, the customer is limited by the terms established by Art. 3.2 for the publication of a notice and documentation in the EIS:

  • Competition - 15 days before the deadline for accepting applications (part 17 of article 3.2);
  • Auction - 15 days before the deadline for accepting applications (part 19 of article 3.2);
  • Request for quotations - 5 working days before the end of the acceptance of applications (part 21 of article 3.2);
  • Request for proposals - 7 working days before the deadline for accepting applications (part 23 of article 3.2).

When conducting a procurement with the participation of SMEs only, Part 3 of Art. 3.4 other terms are set.

Due to the fact that these terms are established in Art. 3.2, dedicated to the general procedure for conducting competitive procurement, regardless of the form of such procurement, the control of these terms is entrusted to the customer. However, when conducting a purchase in electronic form, the customer can set up automated control terms (if the appropriate functionality of the electronic platform is available), which does not allow the announcement of an electronic procurement in violation of these terms.

The contract based on the results of the competitive procurement is concluded no earlier than ten days and no later than twenty days from the date of posting in the unified information system of the final protocol drawn up based on the results of the competitive procurement (part 15 of article 3.2). When conducting purchases with the participation of SMEs exclusively, such an agreement is concluded only on the electronic site, in all other cases - in the manner specified by the customer.

Procurement information support

In addition to the requirements for the composition of the notice and procurement documentation, Law No. 223-FZ now sets requirements for protocols. Part 13 of Art. 3.2 set the requirements for the composition of the protocol formed during the procurement process. This can be an envelope opening protocol, a prequalification protocol, a first stage protocol, etc. In part 14 of Art. 3.2 set requirements for the content of the final protocol.

By virtue of the instructions of Part 1 of Art. 3.3 when purchasing in electronic form, both categories of protocols are formed on the electronic site in a semi-automated manner based on the information uploaded to the electronic site by the customer. Protocols are signed in any case with the enhanced qualified signature of the customer.

But the procurement documentation, due to its volume and specificity, cannot be formed by filling in the fields and forms of the electronic site, and therefore the control of its composition is not assigned to Art. 3.3 to the electronic platform. It is especially important to pay attention to the fact that Part 10 of Art. 4 expanded the requirements for the composition of such documentation. In particular, now the customer is obliged to indicate the timing of each stage, as well as the criteria for evaluating the application and the procedure for their application. The requirements for the composition of the purchase notice in part 9 of Art. 4.

Formalized by amendments and clarification of documentation. The participant has the right to submit a request for clarification at least three working days before the end of the acceptance of applications. Within three working days from the date of receipt of the request, the customer publishes an explanation in the EIS indicating the subject of the request, but without indicating its author. When conducting an electronic procurement, the customer can ignore the request that came not through the electronic platform. The site, for its part, rejects a request received without an enhanced qualified signature... However, due to the lack of special rules in Art. 3.3 control of the content of the request, as well as the timing of its receipt, remains with the customer.

Part 6 of Art. 3.3 actually imposes on the electronic platform the obligation to integrate with the EIS and the hourly period for posting information published in the course of electronic procurement in the Unified Information System. The norm of the article is not clearly formulated - “information should be posted” - without specifying the subject of the obligation.

Amendments to Part 5 of Art. 4 allow the customer, by default, not to post information about a non-competitive purchase in the EIS. Of course, the customer has the right to prescribe an exception to this rule in his Procurement Regulations.

Finally, part 12 of Art. 3.2 obliges the customer to store at least three years protocols, applications, documentation and other documents drawn up in the course of competitive procurement. Although the customer remains responsible for storage, but when purchasing in electronic form, it is logical to specify an electronic site as a storage location for these materials. Such an indication should be made in the Procurement Regulations.

Electronic signature

The electronic platform does not have the right to accept either from the customer or from the procurement participant documents and information that are not signed with an enhanced qualified electronic signature (part 5 of article 3.3).

Matching offers

When conducting a purchase in electronic form, not only applications of participants are submitted through the electronic platform, but prices are also compared there (part 1 of article 3.3). To do this, when announcing a procurement, it is necessary, as part of the notice and procurement documentation, to establish the obligation of the procurement participant to submit price proposals by filling out the appropriate form in the interface of the electronic platform.

The operator of the electronic site is obliged to ensure the confidentiality of information about the participant who submitted the documents before summing up the results of the procurement (part 8 of article 3.3). Simply put, not only other participants, but also the customer himself does not have the right to know the name of the applicant until the moment when he determines the place of this application in the final ranking. To do this, it is necessary to oblige the procurement participant to submit information about himself (de facto - the second parts of the application) in a separate file. Inclusion of information about the supplier in the file with a commercial offer should result in automatic rejection of this offer.

In addition, the operator of the electronic platform does not allow the customer to get acquainted with commercial offers until the end of the acceptance of applications (part 10 of article 3.3). The only exception is an electronic auction (clause 2 of this part). And even then only that the participants, without seeing the names and composition of each other's proposals, have the opportunity to see at least the prices submitted by competitors. This exception is required for the online pricing competition within electronic auction... Holding price, and even more so non-price competitions in real time when conducting electronic procurement in any other way to the customer from July 1, 2018 is prohibited.

Securing the application

The customer has the right to establish a requirement for securing an application when conducting a purchase with an initial price of more than 5 million rubles (parts 25–27 of article 3.2). In this case, the size of the order security cannot exceed 5% of the initial price.

The customer, as before, indicates the methods of securing the application in the documentation. The specific procurement method from among those specified by the customer is chosen by the procurement participant.

Cases of the return of the application security are provided for by Part 26 of Art. 3.2. It is returned to the participant in all cases not provided for in the list of this part. However, neither the right to control the return of the collateral, nor even the right to control its size and the fact of its entry during electronic procurement, is not provided for the operator of the electronic platform. The control over the fulfillment of all these requirements, therefore, remains with the customer.

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