Procurement under 223-FL is often perceived by suppliers as a simpler alternative to government tenders under 44-FL. The law does provide customers with more flexibility in choosing procedures and setting requirements for participants. However, it is precisely this flexibility that makes the system difficult for companies entering the procurement market for the first time. In practice, most problems arise not because of the quality of the offer, but because of a misunderstanding of the rules of a particular procedure.
One of the most common mistakes is ignoring the customer's purchase regulations. In the 223-FL system, this document actually defines the rules of procurement.:
- the procedure for submitting applications,
-requirements for participants,
-the grounds for rejection and the structure of the documents.
Companies that focus only on the notice and terms of reference often miss important requirements that are spelled out specifically in the procurement regulations. As a result, the application may be rejected even if it fully complies with the technical specifications.
The second typical risk is associated with incorrect preparation of the application. Unlike procurement under 44-FL, where the structure of applications is largely standardized, in 223-FL the customer has the right to establish their own forms of documents. If the participant uses arbitrary templates or changes the structure of the tables, the commission may declare the application non-compliant with the documentation requirements. Formal errors in paperwork remain one of the most common reasons for rejection.
Underestimating the technical requirements is another problem. Participants often indicate product characteristics without supporting documents or use formulations that do not match the customer's requirements. When reviewing applications, the commission evaluates not only the availability of characteristics, but also the accuracy of their compliance with the parameters specified in the terms of reference.
Confirmation of the participant's qualifications requires special attention. Many customers set additional requirements for suppliers:
- experience in executing similar contracts,
- availability of licenses,
- financial stability or human resources.
If such requirements are provided for in the documentation, the participant is obliged to document them. The absence of supporting materials is considered as non-compliance with the terms of purchase.
Finally, companies often underestimate the impact of the national regime. In a number of purchases, restrictions or advantages apply to goods of Russian origin. If the participant offers foreign-made products, he must take into account the requirements for confirming the country of origin and correctly draw up the relevant documents.
Practice shows that most of the mistakes at the start are not due to lack of experience in deliveries, but to insufficient analysis of the purchase documentation. In the 223-FL system, each procedure has its own characteristics, therefore, before submitting an application, it is important to carefully study the customer's procurement regulations, notification requirements and the structure of the application.
