Purchases to ensure municipal and state needs are carried out under the contract system. It is regulated by the Federal Law No. 44. This regulatory act provides for several varieties of competitions. Next, we will consider how the competition with limited participation (step-by-step) is held under 44-FZ The timing of the steps will also be described in the article.
General information
The limited participation competition in accordance with 44-FZ is a procedure to which suppliers can be involved after they have passed prequalification. Subjects must comply with general and special requirements. They are established in the 31st article No. 44 of the Federal Law.
Competition with limited participation is held exclusively in cases stipulated by law.
Prequalification is a procedure in which suppliers are selected that meet the additional and general requirements established by the Customer. Moreover, the latter should be contained in the notice and tender documents. Special conditions should not be used as criteria for evaluating applications.
If the supplier’s application did not pass prequalification, it is not received for consideration.
In accordance with the law, all procedures provided for under the contract system have a single legal framework. Open / closed competition with limited participation is no exception.
According to the Federal Law No. 44, according to the results of prequalification, a protocol is compiled (in 2 copies). A copy of the document is sent to the executive body of the federal government during the day following the date of signing. Copies of the protocol are circulated to the applicants. These rules are enshrined in Art. 85 of the Law.
Features of holding a limited participation competition
Article 56 44-FZ establishes cases of the competition in question. As part 2 of this norm establishes, the customer purchases in this way when:
- To carry out work, deliver goods, provide services in connection with their technical / technological complexity, specialized, high-tech, innovative nature, suppliers (contractors / contractors) with the necessary level of qualification are needed.
- The work is aimed at preserving the cultural and historical heritage, restoration of museum collections and objects, documentation of the Archival Fund, rare documents included in the library fund, as well as work and services related to the need for access of performers to accounting databases, storages, library security systems , museums, archives.
The list of specific services and work
The provisions of Clause 1 of Part 2 of Art. 56 are specified by Government Decision No. 99 of 2015. Appendix 2 provides a list of works and services for which the contractor is selected as part of a competition with limited participation in Federal Law No. 44 . The list includes the execution of work on:
- The construction, design, decommissioning of facilities intended for use in the production of atomic energy.
- The management of spent nuclear fuel, nuclear materials, radioactive waste and substances, including during their storage, use, processing, transportation, disposal and disposal.
- Design and manufacture of equipment (units, etc.) designed for facilities that use atomic energy.
- Repair of military special equipment, weapons, nuclear weapons systems.
- Construction, reconstruction, overhaul of technically complex, unique, especially dangerous objects, artificial road structures that are part of the federal, regional, inter-municipal and municipal road network, if the maximum (initial) cost of the contract is more than 150 million rubles. to ensure government needs and above 50 million p. - for municipal needs.
- The determination of the cadastral price of objects in the framework of state valuation.
The list also includes services for:
- Improvement of children and organization of their rest.
- Catering organizations, delivery of products purchased for educational institutions, medical institutions, the organization of social services, health and recreation for children, if the maximum cost of the contract is more than 500 thousand rubles.
- Carrying out a public mandatory audit (price and technological) of large investment projects with state participation in relation to capital construction projects, construction, financing, reconstruction, and technical equipment of which will be carried out at the expense of budgetary funds using the targeted investment program mechanism and budget allocations of the Russian Investment Fund.
It should be noted that for each of the above cases, Decree No. 99 provides additional requirements for performers, as well as a list of documents that an entity must provide to confirm its compliance.
Procurement options
According to the Federal Law No. 44, a competition with limited participation can be held in various forms. It can be:
- Electronic or private auction.
- Requests for quotes / offers.
Procurement can also be carried out by a single contractor / supplier. In this case, the participants are not presented with special requirements provided for in Art. 31 in relation to entities, purchases from which are carried out only in the framework of the competition with limited participation in the Federal Law No. 44 .
Stages
A step-by-step competition with limited participation in the Federal Law No. 44 is held as follows:
- Preparation for the purchase.
- Placing by the customer of the notice and tender documents in the UIS (unified information system).
- Acceptance of applications from interested parties.
- Opening envelopes or access to applications.
- Placement of the protocol for opening access / envelopes in the UIS.
- Prequalification selection.
- Study and evaluation of applications. The order of these actions is similar to that established for open competitions.
- Placement of the selection protocol in the UIS.
- Placing a protocol for the study and evaluation of applications.
- Direction of the draft contract and protocol to the winner.
- Conclusion of a contract with an entity that has proposed the best conditions for completing a task
Competition with limited participation in Federal Law No. 44: deadlines
The control periods for each stage are established by different articles of the Law. In order not to repeat, the table contains the numbers of stages (list above), the term and a link to the relevant norm.
Stage number | Term | Link to Federal Law No. 44 |
2 | Not later than 20 days. before the day of opening envelopes / opening access to e-mail form | 1st part of article 49 |
4 | On the day of completion of applications | 1st part of article 52 |
5 | During the day following the date of signing | 7th part of article 52 |
6 | Within 10 days from the date of opening of the envelopes / access | 7th part of article 56 |
8 | Within three days from the day of summing up the selection | 8th part of Art. 56 |
9 | Within ten days from the date of the selection results | 10th part of article 56 |
10 | Within three days from the date of signing the protocol on consideration of applications | 12th part of the 53rd article |
eleven | Not earlier than 10 and not later than 20 days after the placement of the protocol for the study and evaluation of applications in the UIS | 2nd part of the 54th article |
In addition, the procurement participant has the right to challenge the results of prequalification in the supervisory authority. The appeal is carried out within 10 days. from the day the protocol is posted in the UIS.
Recognition of a failed procedure
This is allowed only in 2 cases:
- No one was recognized as fulfilling the requirements (single and additional) established by the customer. In this situation, a new purchase or tender is organized.
- Only one of the participants is recognized as relevant. The customer in this case enters into a contract with this sole supplier / contractor.
Difference from open procedure
The features of the competition with limited participation established by Federal Law No. 44 make it possible to differentiate it from competitions of other varieties.
However, it should be said that the differences between the procedure under consideration and open procurement are minimal. A key feature of the competition, participation in which is limited, is the mandatory pre-qualification selection by participants. During it, subjects are checked for compliance not only with general, but also with special requirements.
When submitting applications for an open tender, participants must comply only with uniform conditions. Verification is carried out at the stage of consideration and evaluation of applications received.
Conclusion
Procurement for municipal and state needs is an important and difficult procedure. Increased requirements for participants are due to the fact that the financing of work, delivery of goods, and the provision of services is carried out at the expense of budgetary funds. Consequently, participants bear an increased responsibility for the quality of their work.
Not in all cases, for the fulfillment of a task, compliance with general requirements is sufficient. In such situations, the law provides for the possibility for the customer to establish additional conditions for participation. They are a kind of restriction for interested persons.
It should be noted that such competitions are not very common in practice. Nevertheless, it is necessary to know about their features in order not to waste time filing applications for the competition, in which the company cannot participate by virtue of the law. At the same time, organizations that meet established special requirements, not knowing the intricacies, may miss out on an advantageous offer.