Electronic trading platform"TEK-Torg" is one of the largest trading platforms where procurement is carried out for the needs of corporate customers and customers working in the field of 223-FZ. The operator and shareholder of JSC TEK-Torg is the St. Petersburg International Commodity Exchange. In 2018, ETP "TEK-Torg" was included in the list of platforms where electronic procurement will be carried out under 44-FZ and procurement of small and medium-sized businesses within the framework of 223-FZ. Information about routine maintenance is posted on the official website of the ETP Operator: www.tektorg.ru
The rules of work on the ETP, the ETP Participant's Guide are posted on the Internet at www.tektorg.ru/documents/223-fz.
With purchases carried out by JSC "LGEK" in electronic form and posted on the ETP "TEK-Torg" can be found in the Register of notices of the ETP "TEK-Torg".

ETP "TRADE 223"

The electronic trading platform "TRADE 223" is a high-tech, easy-to-use electronic trading platform that allows you to organize and conduct commercial tenders and procurement procedures in electronic form in accordance with the provisions of the Regulations. The ETP operator is Center LLC electronic trading" - one of the leading companies in the Volga Federal District in organizing and supporting procurement activities government and commercial enterprises. Regulatory work on maintenance and making changes to the functionality of the ETP is carried out on the date and time of routine maintenance established by the ETP Operator. Information about routine maintenance is posted on the official website of the ETP Operator: torgi223.ru. When carrying out actions through the ETP, the procurement participant bears the risk of being unable to carry out any actions on the ETP during routine maintenance on the ETP.
The regulations for the operation of the ETP in the process of corporate procurement of goods, works, and services are posted at the Internet address

New requirements for ETP are part of the reform to transfer all procurement to the electronic plane. This step will affect work both in procurement under 44-FZ and 223-FZ. We will tell you when the Ministry of Finance will approve the list of trading platforms on which trading will take place from July 1, 2020 and will conclude agreements with them.

On June 18, 2018, resolutions dated June 8, 2018 No. 656 and No. 657 on the ETP regulations for procurement under 44-FZ and 223-FZ, respectively, were posted on the official website of the government.

The main goals of these acts of the Cabinet of Ministers are:

• increase the number of participants in government procurement, incl. and small businesses, by reducing time, as well as cash costs to participate in government procurement;
• provide the opportunity to submit your proposals for procurement at any time of the day from any subject of the Russian Federation, incl. and those who are far from the state customer;
• increase transparency of procurement for state and municipal needs.

ETP Regulations under 44-FZ

ETP Regulations under 223-FZ

Federal Law No. 505-FZ of December 31, 2017 amended 223-FZ. In particular, the changes also affected the methods of determining the supplier in procurement certain types legal entities Now competitive procurement, in which only small and medium-sized businesses (hereinafter referred to as SMEs) can participate, must be carried out electronically.

At the same time, it has been established that competitive procurement among SMEs should be carried out by the customer on electronic platforms that operate according to uniform requirements.

The Cabinet of Ministers, in Resolution No. 657 of 08/08/2018, established additional requirements for the functioning of electronic platforms. In particular, defined.

Reading time: 13 min

Electronic procurement according to the standards of Federal Law-223 and Federal Law-44 must be carried out on electronic trading platforms. An electronic platform is an online resource where online trading is conducted.

Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.

Electronic trading platforms and government procurement website: differences

When bidding in in electronic format government customers and legal entities must post procurement information in the Unified Information System. This requirement is mandatory, and for violating it the customer faces prosecution.

Many people confuse the UIS and the electronic trading platform. These are different resources and they do not duplicate each other's functions.

44-FZ limits customers in choosing a site to place an order. Such an electronic platform must first be accredited by the Ministry of Economic Development to conduct procurement for and (in accordance with Part 10 of Article 112 of 44-FZ).

The selection of sites for holding auctions under 44-FZ is carried out in accordance with Part 4 of Art. 59 44-FZ and in accordance with Government Decree of June 8, 2018 No. 656 “On requirements for operators electronic platforms, operators of specialized electronic platforms, electronic platforms, specialized electronic platforms and the functioning of electronic platforms, specialized electronic platforms, confirmation of compliance with such requirements, loss legal entity status of operator of an electronic platform, operator of a specialized electronic platform.”

Not only does the procurement procedure take place on the electronic platform, but contracts are also concluded.

According to the latest Government Decree No. 1447-r of 2018, two types of electronic platforms are being established. It contains a list of platforms that customers are required to use when purchasing under 44-FZ and when purchasing from entities under 223-FZ (under Part 3 of Article 24.1 of 44-FZ and Part 11 of Article 3.4 of 223-FZ). The list of such sites included 8 ETPs:

1. JSC "Agency for State Order of the Republic of Tatarstan".

Closed procurement under Part 3 of Art. 24.1 44-FZ and provided for in Part 4 of Art. 3.5 223-FZ must be carried out through one site: CJSC " Automated system bidding for state defense orders."

According to latest changes, a transition period has been established in the legislation since July 2018. Customers under 44-FZ have the right to conduct purchases according to the new rules from now on at one of 6 previously selected sites. Since January 2019, conducting all purchases in electronic format on electronic platforms is the responsibility of the customer. Here procurement will have to be carried out in the format of a competition with limited participation, an open and two-stage competition, etc. They will no longer be carried out in paper form according to 44-FZ.

Cost of electronic trading platforms for trading under 44-FZ

For participation in electronic trading According to 44-FZ, the participant must first receive and pass on the site.

Accreditation is the procedure for registering a participant on the site after verifying the authenticity of the documentation submitted by him. Accreditation on electronic platforms is free of charge within 5 working days and is valid for 3 years.

There is also no charge for participation in bidding under 44-FZ. According to newsletter FAS, since 2014, the operator of the electronic platform has not charged fees for participation in auctions.

For now, participation in trading on the ETP under 44-FZ is free for all participants. But since July 2018, operators of electronic platforms can charge a fee for participation in procurement. Maximum size Such a fee is prescribed at the federal level; operators must rely on it when setting tariffs.

This is 1% of the contract, but not more than 5 thousand rubles. For small businesses, the maximum fee is set at 2 thousand rubles.

The fee for participation in trading on the ETP is transferred to the operator’s bank account. In this case, the commission is charged only to the winner of the purchase. Whereas no fee is charged from procurement participants with whom the contract is not expected to be concluded.

To receive their commissions, the site operator must send a payment request to the bank in which the winner of the purchase has a special account.

List of sites operating under 223-FZ

Today, 223-FZ does not provide for strict restrictions on the selection of a site for holding auctions. Such auctions can be held on one of the 200 electronic platforms operating in Russia. They are not required to undergo pre-selection by government agencies; the customer has the right to choose any site at his discretion.

Since July 2018, changes have been made to the procurement legislation under 223-FZ. Customers should bring their Procurement Regulations in accordance with the new rules by 2019. From July 2018 to 2019, a transition period has been established, during which the customer can adhere to both the old rules and the new ones.

Thus, until recently, Federal Law 223 did not contain such a concept as electronic procurement. Currently, this gap has been eliminated, and e-procurement is understood as a form of bidding in which submission, provision of customer access to applications, comparison of proposals, and signing of contracts are carried out using software electronic platform.

Everything under 223-FZ must be done in electronic format, unless the customer provides otherwise in its Procurement Regulations.

After the concept “Electronic procurement” appeared in 223-FZ, the need arose to define regulations for the use of electronic trading platforms, since previously this issue had not received due attention. If 44-FZ specifies 2 types of sites (usual for competitive procurement and special for procurement), then 223-FZ already contains three lists:

• ETP according to 223-FZ;
• ETP according to 223-FZ for small businesses;
• ETP according to 223-FZ for closed procurements.

Special rules have been established for procurement among small businesses. They are spelled out in parts 10-11 of Art. 34 No. 223-FZ.

This list is similar to that defined for procurement under 44-FZ and includes 8 sites. According to legal requirements, customers under 223-FZ must purchase goods and services from small businesses in the amount of at least 18% of the total annual volume (according to Government Decree No. 1001). Until October 2018, the customer can purchase from SMP at any site; after that, only at one of the 8 on the Government’s list.

Cost of participation in procurement under 223-FZ

The cost of participation in procurement under 223-FZ for some electronic trading platforms is contained in the table. Operators install it at their own discretion; this issue is not regulated by law. They develop tariffs based on various criteria.

Payment for participation in electronic trading of SMP under 223-FZ will be charged according to the general rules.

Operators must take into account the limits established by the Government when collecting commissions from participants for participation in procurement in the amount of 2 thousand rubles.

Thus, electronic platforms under 44-FZ are currently carried out on 6 trading platforms that are approved by the government. From 2019, procurement must be completely transferred to electronic format and carried out on one of 8 platforms approved by the Government.

Purchases under 223-FZ in electronic form are not regulated in as much detail as under 44-FZ. The list of electronic platforms is not regulated here. After changes are made to the legislation, purchases from SMP must be carried out in electronic format on platforms approved by the Government. The remaining 82% of purchases under 223-FZ can be carried out at one of the sites chosen by the customer.