They plan to adjust the features of competitive e-procurement among MSPS under the Law N 223-FZ
Amendments to Law No. 223-FZ passed the second reading. Change the procedural aspects of competitive e-procurement among MSPS. They also want to fix the list of information that the customer has the right to demand from the participant.
Procedural points
The procedure for conducting an electronic contest will change. Among its stages, it will not be possible to provide for the qualification of participants.
The rules for using stages will also be adjusted. For example, the dates of each of them should be specified in the documentation, not in the notification.
The electronic request for proposals will be conducted according to the same rules as the electronic competition. Submission of the final offer (additional price offer) is not provided.
Application structure
They plan to fix the requirements for the composition of the application, depending on the procurement procedure. Thus, an application for participation in an electronic auction will consist of two parts: the
first is a proposal for the subject of purchase;
the second is mandatory documents and information, except for the price offer. Information from the second part of the application is required if the procurement documents provide for the obligation to submit them.
The application for participation in the electronic request for quotations will only include mandatory documents and information if they need to be submitted for procurement documents.
What information can the customer request
The project contains a list of information that the customer may request from the purchasing participants. These include, in particular:
name, address, and constituent document, if the participant is a legal entity;
last name ,first name, patronymic (if available), passport data, address of residence of an individual, if the participant in the purchase is an individual entrepreneur;
Participant's TIN or its equivalent (for a foreign person);
data on securing the application, if such a requirement is set in the procurement documents-details of a special account or a Bank guarantee (a copy of it); a
proposal for the subject of the purchase;
offer for the contract price (except for electronic auction).
The participant will provide this information when being accredited on the electronic platform. The operator will send them to the customer automatically.
In addition, you can request to declare a number of information. For example, it can be data that the participant's activity is not suspended. The information must be up-to-date on the date of application submission. The Declaration is submitted on the electronic platform. You don't need a separate document.
If the documentation for an electronic tender or an electronic request for proposals sets out the criteria and procedure for evaluating applications, you can specify what other information you need to submit. However, their absence in the application is not a reason for its rejection.
You cannot request other documents or information from the bidder. Their list is exhaustive.
When will the amendments start working
It is planned that most of the innovations will start working from April 1, 2021. Customers will be required to adjust the procurement regulations no later than 90 days from the date of entry into force of the amendments. The changes will not affect purchases that are announced before the date of their entry into force.
Document: Draft of the Federal law N 301875-7