Procurement under 223‑FL differs in that a significant part of the requirements for the procedure and the application are determined not by the "unified rules", but by the procurement regulations of a specific customer. For the supplier, this means an increased role of preliminary analysis of documentation, formal purity of the application and time control at each stage. Federal Law No. 223‑FLregulates purchases of goods, works and services carried out by certain types of legal entities, including companies with state participation and related structures, as well as a number of institutions that purchase outside the budget. Unlike the "contract system" under 44‑FL, 223‑FLis built as a framework law: it sets out the principles and mandatory minimum, and the detailed rules "within the procurement" are fixed by the customer in the procurement regulations and documentation.
In 44‑FL, procedures and their framework are defined by law, including the general logic of competitive procedures and procurement from a single supplier. In 223‑FL, the law explicitly states that the customer acts within the framework of its procurement regulations, which must describe the rules, methods, procedure for preparing and conducting purchases, the procedure for concluding and executing contracts, and related provisions.
This has three consequences for the supplier. Firstly, the requirements for the composition of the application under 223‑FL may differ significantly from customer to customer, and the "universal package" often does not work. Secondly, for purchases conducted specifically for SMEs, a more formalized regime applies: 223‑FL establishes lists of information and documents in the application (art. 3.4), whereas in other cases the list is determined by the customer in the procurement regulations. Thirdly, since 01.01.2025, a separate national regime design has been in effect in 223‑FL : as a general rule, equal conditions are provided for foreign goods, but the Government of the Russian Federation can establish prohibitions, restrictions (including the minimum share of purchases of Russian goods) and advantages for Russian goods, as well as identify documents confirming the country of origin.
Maintenance stages
Analysis
At the analysis stage, they check:
- applicability of 223‑FL to the customer;
- the relevance of the purchase regulations;
- notification and documentation requirements;
- evaluation criteria and the procedure for comparing applications.
It is important that the controlling practice proceeds from the need to establish requirements and criteria in the documentation. The FAS pointed out that it is not allowed to make demands and evaluate applications according to criteria and in an order that are not specified in the procurement documentation; at the same time, the customer has the right to determine the requirements within the law, if they do not lead to an unjustified limitation of the number of participants.
The purchase mode is analyzed in a separate block.:
- participation of SMEs;
- securing the application;
- national treatment and proof of origin (if Government measures or customer requirements are established).
Preparation of the application
In 223‑FL , the "formal part" of an application is often just as important as the technical part, because customers specify in detail the requirements for the design and composition of applications. In procurement for SMEs, part of the structure of the application and the mechanism for transferring documents through the ETP are fixed in art. 3.4 (including the requirements for declarations and the format of submission).
Supply
The submission includes control of formats, signatures, and deadlines. For a number of procedures involving SMEs, the law provides for securing the application through a special account, and also allows for an independent guarantee, but with strict requirements for the guarantor, the register of independent guarantees, the duration and conditions of payment.
Communication
Communication under 223‑FL is the management of clarifications, adjustments to documentation, and protocols. The Law sets the time limits for posting amendments and clarifications (no later than three days from the date of the decision/clarification), as well as the time limits for posting protocols (no later than three days from the date of signing).
After determining the winner, the key tasks are: preparation for signing the contract, ensuring execution (if provided), delivery/completion schedules, acceptance and closing documents. A separate area is the risks of the Register of Unscrupulous Suppliers: it includes information about participants who evaded the conclusion of the contract, as well as about suppliers for whom the contract was terminated by court or in some cases with the unilateral refusal of the customer due to a significant violation.
It is also worth considering the customer's information obligations under the EIS: the procurement regulations and amendments to them are subject to posting in the EIS within 15 days from the date of approval, and information about the contract and its execution is entered into the register of contracts within the prescribed time.
