FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 31, 2017 No. 504-FZ

About introduction of amendments to the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"

Accepted by the State Duma on December 21, 2017

Approved by the Federation Council on December 26, 2017

Article 1

Bring in the Federal Law of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs" (The Russian Federation Code, 2013, No. 14, Art. 1652; No. 27, Art. 3480; No. 52, Art. 6961; 2014, No. 23, Art. 2925; No. 30, Art. 4225; No. 48, Art. 6637; No. 49, Art. 6925; 2015, No. 1, Art. 11, 51, 72; No. 10, Art. 1393, 1418; No. 14, Art. 2022; No. 27, Art. 3979, 4001; No. 29, Art. 4342, 4346, 4352, 4353, 4375; 2016, No. 1, Art. 10, 89; No. 11, Art. 1493; No. 15, Art. 2058, 2066; No. 23, Art. 3291; No. 26, Art. 3872, 3890; No. 27, Art. 4199, 4247, 4253, 4254, 4298; 2017, No. 1, Art. 15, 30, 41; No. 9, Art. 1277; No. 14, Art. 1995, 2004; No. 18, Art. 2660; No. 24, Art. 3475, 3477; No. 31, Art. 4747, 4760, 4780, 4816) following changes:

Part 2 of Article 1 to add 1) with Item 10 of the following content:

"10) collection by the operator of an electronic trading platform, the operator of specialized electronic platform of payment according to part 4 of article 24.1 of this Federal Law.";

Article 3 to add 2) with Items 17 - 20 following contents:

"17) electronic platform - the website on the Internet corresponding to the requirements established according to Items 1 and 2 of part 2 of article 24.1 of this Federal Law on which competitive methods of determination of suppliers (contractors, contractors) electronically, the methods of determination of suppliers (contractors, contractors) except for closed electronically are carried out;

18) the operator of an electronic trading platform - non-public economic society in which authorized capital to foreign citizens, to stateless persons, foreign legal entities belongs no more than twenty five percent of shares (shares) of such society and which owns electronic platform, including software and hardware, necessary for its functioning, provides its functioning, and also corresponds to the requirements established according to Items 1 and 2 of part 2 of article 24.1 of this Federal Law and is included in the list of operators of electronic platforms approved by the Government of the Russian Federation;

19) specialized electronic platform - the information system corresponding to the requirements established according to Items 1 and 3 of part 2 of article 24.1 of this Federal Law, access to which is provided with use of secure channels of communication and on which the closed competitive methods of determination of suppliers (contractors, contractors) electronically are carried out;

20) the operator of specialized electronic platform - the Russian legal entity who owns specialized electronic platform, including software and hardware, necessary for its functioning, provides its functioning, and also corresponds to the requirements established according to Items 1 and 3 of part 2 of article 24.1 of this Federal Law and is included in the list of operators of specialized electronic platforms approved by the Government of the Russian Federation.";

3) in Article 4:

a) in part 1:

in Item 3 "unqualified" to replace the word with the word "qualified";

declare item 4 invalid;

b) in part 3:

add with Item 6.1 of the following content:

"6. 1) unified register of participants of purchases;";

in Item 14 to replace the word "catalogs" with the word "catalog";

c) state part 5 in the following edition:

"5. Information containing in unified information system is posted on the official site, except as specified, provided by this Federal Law.";

d) part 6 after the words "on establishment of order of registration" to add with words "participants of contractual system in the field of purchases (except for participants of purchases)";

e) add with parts 13 and 14 of the following content:

"13. For the purpose of monitoring and fixing of actions, failure to act of participants of contractual system in the field of purchases in unified information system, on electronic platform the state information system which shall provide is created including:

1) monitoring of availability (working capacity) of unified information system, electronic platform and storage of information on such availability (working capacity);

2) fixing, including video fixing, in real time actions, failure to act of participants of contractual system in the field of purchases in unified information system, on electronic platform;

3) storage of information on actions, failure to act of participants of contractual system in the field of purchases in unified information system, on electronic platform, including information on the electronic documents created by participants of contractual system in the field of the purchases and signed by the strengthened digital signature if other is not provided by this Federal Law.

14. The government of the Russian Federation for the purpose of operation of this Article of the state information system specified in part 13:

1) the federal executive body authorized on ensuring its operation and development, and also on provision of information containing in it is determined;

2) the procedure for monitoring of availability (working capacity) for unified information system, electronic platform is established;

3) the procedure for fixing, including video fixing, in real time actions, failure to act of participants of contractual system in the field of purchases in unified information system, on electronic platform is established;

4) requirements to its operation, procedure for forming, storage and use of information containing in it are established, including:

a) requirements to the technological and linguistic means providing collection, processing, storage and use of information containing in the specified system;

b) requirements to information technologically interaction of the specified system with unified information system, electronic platform;

c) requirements to procedure and storage durations, and also procedure for provision to the specified system of information containing in;

d) the rights and obligations of persons who are receivers to the specified system of information containing in;

e) order of interaction of software and hardware of participants of contractual system in the field of purchases with the specified system;

e) requirements to ensuring confidentiality of information containing in the specified system.";

Article 5 to state 4) in the following edition:

"Article 5. The organization of electronic document management in contractual system in the field of purchases

1. Within the relations specified regarding 1 article 1 of this Federal Law exchange of electronic documents, stipulated by the legislation the Russian Federation and other regulatory legal acts about contractual system in the field of purchases, between participants of contractual system in the field of purchases, including submission of applications for participation in determination of suppliers (contractors, contractors), final offers is allowed. The specified requests, final offers and electronic documents directed in case of determination of suppliers (contractors, contractors) shall be signed by the strengthened digital signature and are submitted with use of electronic platform, specialized electronic platform. In cases, stipulated by the legislation the Russian Federation and other regulatory legal acts about contractual system in the field of purchases, exchange of electronic documents is performed with use of unified information system.

2. Qualified certificates of keys of verification of digital signatures, held for use participants of contractual system in the field of purchases (except for the participants of purchases who are foreign persons) for the purpose of this Federal Law, are created and issued by the certification centers which obtained accreditation for compliance to requirements of the Federal Law of April 6, 2011 to No. 63-FZ "About the digital signature".";

5) part 2 of article 8 after words "the commissions, participants of purchases" to add with words ", operators of electronic platforms, operators of specialized electronic platforms";

6) regarding 3rd Article 14 the third offer to state in the following edition: "In such regulatory legal acts the procedure for preparation of reasons for impossibility of observance of the specified prohibitions or restrictions, and also requirements to its content is established.";

7) Article 19:

a) add with part 4.1 following of content:

"4.1. The general rules of regulation established by the Government of the Russian Federation provided by part 3 of this Article and the rules of regulation provided by part 4 of this Article extend to State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos, to the most significant organizations of science, education, culture and health care determined according to the Budget code of the Russian Federation.";

b) state part 5 in the following edition:

"5. State bodies, governing bodies of state non-budgetary funds, the municipal authorities determined according to the Budget code of the Russian Federation the most significant organizations of science, education, culture and health care based on the rules of regulation established according to part 4 of this Article approve requirements to the separate types of goods, works, services which are purchased by them, their territorial authorities (divisions) and state organizations, budgetary institutions subordinated to them and state, municipal unitary enterprises (including marginal prices of goods, works, services) and (or) standard costs on ensuring functions of the specified bodies and state organizations subordinated to them.";

c) add with part 7 of the following content:

"7. The State Atomic Energy Corporation "Rosatom", the State corporation on space activities approve Roskosmos according to the rules of regulation provided by part 4 of this Article, requirement to the separate types of goods, works, services which are purchased by them and the organizations subordinated to them (including marginal prices of goods, works, services) and (or) standard costs on ensuring their functions.";

8) in Article 21:

a) "Articles 83," to add part 8 after words with words "Item 3 of part 2 of Article 83. 1,";

b) add part 14 with words ", except for procurements which are conducted according to parts 2, 4 - 6 Articles 55, part 4 of Article 55. 1, part 4 Articles 71, part 4 Articles 79, part 2 of Article 82. 6, part 19 of Article 83, part 27 of Article 83.1 and part 1 of article 93 of this Federal Law and in case of which modification of the schedule can be performed not later than one day about day of placement in unified information system of the notice on implementation of the corresponding purchase or the direction of the invitation to take part in determination of the supplier (the contractor, the contractor) by the closed method, but not earlier than placement of the made changes in unified information system according to part 15 of this Article";

9) in Article 24:

a) state part 2 in the following edition:

"2. Competitive methods of determination of suppliers (contractors, contractors) are tenders (open tender, tender with limited participation, two-stage tender, closed competition, closed competition with limited participation, the closed two-stage tender), auctions (electronic auction, private auction), request for quotation, request for proposals. Taking into account the features established by this Federal Law the open tender, tender with limited participation, two-stage tender, electronic auction, request for quotation, request for proposals (further also - electronic procedures), and also in the cases established by the decision of the Government of the Russian Federation provided by part 3 of article 84.1 of this Federal Law, closed competition, closed competition with limited participation, the closed two-stage tender, private auction electronically are held (further also - the closed electronic procedures).";

b) state part 6 in the following edition:

"6. When implementing purchase by carrying out competitive methods of determination of suppliers (contractors, contractors) (except for requests for quotation and requests for proposals, electronic procedures, the closed electronic procedures) lots concerning which in the notice on purchase implementation, the invitation to take part in determination of suppliers (contractors, contractors), in documentation on purchase subject to purchase, the starting (maximum) price of the contract and its reasons according to article 22 of this Federal Law are separately specified, the amount of tender security can be allocated for participation in purchase (if the requirement about tender security is established by the customer), terms and other delivery conditions of goods, performance of work or rendering service, the amount of ensuring execution of the contract. In these cases the procurement participant submits the application for participation in purchase concerning certain lot. Concerning each lot the separate contract is signed.";

To add 10) with Article 24.1 of the following content:

"Article 24.1. Features of holding electronic procedures, the closed electronic procedures

1. Holding electronic procedures, the closed electronic procedures, including the direction by participants of purchases of requests about giving explanations of provisions of the notice on implementation of purchase and (or) documentation on purchase, giving by participants of purchases of applications for participation in purchase, contract bids, final offers, provision of the commission on implementation of purchases of access to the specified requests, comparison of contract bids of procurement participants, forming of protocols, the conclusion of the contract with the winner of purchase, is provided on electronic platform with the operator of an electronic trading platform, and when holding the closed electronic procedures on specialized electronic platform by the operator of specialized electronic platform if other is not provided by this Federal Law. At the same time the operator of an electronic trading platform, the operator of specialized electronic platform has no right to refuse holding electronic procedure, the closed electronic procedure on such electronic platform, specialized electronic platform respectively.

2. Are established by the government of the Russian Federation:

1) single requirements to operators of electronic platforms, operators of specialized electronic platforms, electronic platforms, specialized electronic platforms and functioning of electronic platforms, specialized electronic platforms. Such single requirements provide including:

a) requirements to the authorized capital of the operator of an electronic trading platform, operator of specialized electronic platform, including to its size;

b) requirements to disclosure of electronic platforms by operators, operators of specialized electronic platforms of information on legal entities and physical persons who directly or indirectly (through the legal entity or through several legal entities) own more than one percent of voting shares (shares) of the operator of an electronic trading platform, the operator of specialized electronic platform;

c) requirements to disclosure of accounting (financial) records of the operator of an electronic trading platform, operator of specialized electronic platform;

d) requirements to the interaction of electronic platform, specialized electronic platform with unified information system, other state information systems performed with use of the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services, execution of the state and municipal functions electronically;

e) technical requirements to software and hardware of electronic platform, specialized electronic platform, including requirements to ensuring information security. At the same time software and hardware of electronic platform, specialized electronic platform shall be in the territory of the Russian Federation;

e) requirements to safety of information, including electronic documents;

g) requirements to the agreement on functioning of electronic platform, specialized electronic platform signed by federal executive body on regulation of contractual system in the field of purchases, the federal executive body authorized on control in the field of purchases and the operator of an electronic trading platform, the operator of specialized electronic platform (further - the agreement), and also requirements to ensuring obligation fulfillment under the agreement;

2) additional requirements to the operator of an electronic trading platform and functioning of electronic platform within the relations specified regarding 1 article 1 of this Federal Law. Such additional requirements provide including:

a) order of interaction of the operator of an electronic trading platform and federal executive body authorized on control in the field of purchases;

b) requirements to carrying out on electronic platform of electronic procedures according to this Federal Law;

c) procedure for the termination of blocking of the money on the special account of the participant of purchases deposited as providing applications for participation in electronic procedures;

3) additional requirements to the operator of specialized electronic platform and functioning of specialized electronic platform within the relations specified regarding 1 article 1 of this Federal Law. Such additional requirements provide including:

a) order of interaction of the operator of specialized electronic platform and the federal executive body authorized on control in the field of purchases and (or) regulatory authority in the field of the state defense order;

b) requirements to carrying out on specialized electronic platform of the closed electronic procedures according to this Federal Law;

c) procedure for the termination of blocking of the money on the special account of the participant of purchases deposited as providing applications for participation in the closed electronic procedures;

4) procedure for confirmation of conformity of electronic platform, specialized electronic platform, the operator of an electronic trading platform, operator of specialized electronic platform to single requirements to operators of electronic platforms, specialized electronic platforms, electronic platforms, specialized electronic platforms and functioning of electronic platforms, specialized electronic platforms, and also additional requirements to operators of electronic platforms, operators of specialized electronic platforms and the functioning of electronic platforms, specialized electronic platforms established according to this Federal Law and (or) other Federal Laws;

5) procedure for loss by the legal entity of the status of the operator of an electronic trading platform, operator of specialized electronic platform for the purposes of this Federal Law.

3. The government of the Russian Federation approves the list of operators of electronic platforms who conform to the requirements established by Items 1 and 2 of part 2 of this Article and also the list of operators of specialized electronic platforms who conform to requirements, the established Items 1 and 3 of part 2 of this Article. The operator of an electronic trading platform, the operator of specialized electronic platform in case of discrepancy to one or several requirements provided respectively by Items 1 and 2 or Items 1 and 3 of part 2 of this Article and also in case of the address of the operator of an electronic trading platform, the operator of specialized electronic platform about its exception of the corresponding list are excluded according to the procedure, stipulated in Item 5 parts 2 of this Article from the corresponding list. On electronic platform, specialized electronic platform which operator is excluded from the list of operators of electronic platforms, operators of specialized electronic platforms holding electronic procedures, the closed electronic procedures, notices on which implementation are placed in unified information system is allowed or invitations to take part in which are sent no later than ten working days from the date of adoption by the Government of the Russian Federation of the decision on exception of the operator of the list of operators of electronic platforms, operators of specialized electronic platforms.

4. Collection of payment for participation in the electronic procedure, the closed electronic procedure from the participant of the corresponding procedure, and (or) person with whom the contract is signed, and (or) for holding electronic procedure, the closed electronic procedure from the customer is allowed if the Government of the Russian Federation establishes the right of operators of electronic platforms, operators of specialized electronic platforms to levy such payment, including procedure for its collection, and also the extreme amount of such payment is determined.

5. Exchange of information, connected with accreditation on electronic platform, specialized electronic platform and holding electronic procedures, the closed electronic procedures, between the procurement participant, the customer, the operator of an electronic trading platform, the operator of specialized electronic platform is performed on electronic platform, specialized electronic platform in the form of electronic documents. The government of the Russian Federation has the right to determine the standard commitment form on participation in electronic procedures, the closed electronic procedures, and also has the right to establish requirements to content, structure, procedure for development of standard documentation on purchase. Such standard requisition, standard documentation are obligatory for application by customers and (or) procurement participants.

6. Electronic documents of the procurement participant, customer, operator of an electronic trading platform, operator of specialized electronic platform shall be signed by the strengthened digital signature of person having the right to act on behalf according to the procurement participant, the customer, the operator of an electronic trading platform, the operator of specialized electronic platform.

7. Within one hour from the moment of placement of information connected with holding electronic procedure in unified information system and on electronic platform the specified information shall be available to acquaintance in unified information system and on electronic platform. Collection of payment for provision of access to such information is not allowed.

8. Within one hour from the moment of placement in unified information system of the notice on cancellation of purchase, the changes made to the notice on carrying out such purchase and (or) documentation on purchase of explanations of provisions of documentation on purchase the operator of an electronic trading platform places the specified information on electronic platform, and also sends the notification on the specified notices, changes, explanations to all procurement participants who submitted applications for participation in it including the procurement participant who sent inquiry for giving explanations of provisions of documentation on purchase to the e-mail addresses specified by these participants in case of registration in unified information system.

9. In case of the direction the operator of an electronic trading platform, the operator of specialized electronic platform shall provide to the customer of information and the electronic documents received from the procurement participant before summing up such purchase with the operator of an electronic trading platform, the operator of specialized electronic platform confidentiality of information on the participant of such purchase who directed the specified information and electronic documents, and their contents if other is not established by this Federal Law.

10. In the cases provided by this Federal Law, the direction of information and electronic documents the customer to the procurement participant or the procurement participant to the customer when holding electronic procedures, the closed electronic procedures it is performed through electronic platform, specialized electronic platform.

11. The operator of an electronic trading platform, including by information exchange with the state information systems, according to the requirements established by part 2 of this Article provides provision to the customer in terms and the cases established by this Federal Law, the following documents and information:

1) copies of constituent documents of the procurement participant (for the legal entity), properly certified translation into Russian of constituent documents of the legal entity according to the legislation of the relevant state (for the foreign person);

2) surname, name, middle name (in the presence) and position of person having the right without power of attorney to act on behalf of the legal entity, and also passport data of such person or data of other identity documents in accordance with the legislation of the Russian Federation, and identification taxpayer number (in case of its availability);

3) identification taxpayer number of this procurement participant or according to the legislation of the relevant state analog of identification taxpayer number of the procurement participant (for the foreign person);

4) the decision (the copy of the decision) on consent to making or on the subsequent approval of large deals by results of electronic procedures on behalf of the procurement participant - the legal entity with indication of the maximum parameters of conditions of one transaction;

5) the copy of the identity document of the procurement participant in accordance with the legislation of the Russian Federation (for the physical person who is not the individual entrepreneur);

6) properly certified translation into Russian of documents on state registration of the legal entity or the physical person as the individual entrepreneur according to the legislation of the relevant state (for the foreign person);

7) the extract from the Unified State Register of Legal Entities (for the legal entity), the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (for the individual entrepreneur).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info