Public procurement system of the Russian Federation - "QazTrade" Trade Policy Development Center" JSC

Public procurement in the Russian Federation is regulated by the Federal Law (hereinafter – the Law) “On the contractual system in the field of procurement of goods, works, services to ensure state and local needs” dated 05.04.2013 No. 44-FZ (hereinafter – 44-FZ) and FZ “On the procurement of goods, works, services by certain types of legal entities” dated July 18, 2011 No. 223-FZ.

In accordance with subparagraph 4) of paragraph 1 of Article 3 of 44-FZ, a procurement participant is any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital, with the exception of a legal entity whose place of registration is the state or territory included in the list of states and territories approved in accordance with subparagraph 1 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation that provide a preferential tax regime for taxation and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones) in relation to legal entities, or any natural person, including those registered as an individual entrepreneur.

For a number of goods, the conditions for the admission of goods originating from a foreign state or a group of foreign states admitted to the territory of the Russian Federation for the purpose of purchasing goods to meet state and municipal needs are determined by order of the Ministry of Finance of the Russian Federation of June 4, 2018 No. 126n “On conditions for the admission of goods originating from a foreign state or a group of foreign states for the purpose of purchasing goods to meet state and municipal needs.” At the same time, the conditions for admission of goods originating from a foreign state or a group of foreign states are determined taking into account the requirements of the national regime provided for by the Eurasian Economic Union Treaty.

According to Article 24.2 44-FZ, registration of procurement participants in the unified information system shall be carried out in electronic form on the basis of information and documents in the manner and within the time frame determined by the Government of the Russian Federation[1]. Information and documents about procurement participants registered in the unified information system shall beentered into the unified register of procurement participants.

At the same time, the requirement for registration of procurement participants in the unified information system for the provision of other information and documents not provided for by the Government of the Russian Federation is not allowed.

An authorized person for a foreign legal entity means the head of a foreign legal entity or a foreign legal entity exercising the powers of the sole executive body of the registered legal entity.

According to paragraph 5 of the Rules for registration of procurement participants in the unified information system in the field of procurement of goods, works, services to ensure state and local needs and maintainance of the unified register of procurement participants, for registration of a legal entity, foreign legal entity, an accredited branch or a representative office of a foreign legal entity, an authorized person shall generate the following information and documents:

a) full and abbreviated (if any) name of a legal entity or a foreign legal entity (or an accredited branch or a representative office of a foreign legal entity);

b) the name and digital code of the country of registration in accordance with the All-Russian Classifier of Countries of the World;

c) taxpayer identification number of a legal entity (or an accredited branch or a representative office of a foreign legal entity) or for a foreign legal entity – an analogue of a taxpayer identification number in accordance with the laws of the relevant state;

d) the code of the reason for registration of a legal entity (or an accredited branch or a representative office of a foreign legal entity) and the date of registration with the tax authority;

e) principal state registration number of the legal entity;

f) address of thea legal entity or a foreign legal entity within the location of the legal entity (for an accredited branch or a representative office of a foreign legal entity – address (location) in the territory of the Russian Federation);

g) code (codes) of the type of economic activity of a legal entity (or an accredited branch or a representative office of a foreign legal entity) according to the Russian National Classifier of Economic Activities;

h) the code of reason for registration of a separate subdivision of a legal entity (hereinafter – a separate subdivision);

i) name of a separate subdivision;

j) address (location) of a separate subdivision;

k) classification as a small or medium-sized business entity with an indication of the appropriate category (if any);

l) surname, name, patronymic (if any) and position of the person entitled to act without a power of attorney on behalf of a legal entity or a foreign legal entity (or the head of an accredited branch or representative office of a foreign legal entity), and taxpayer identification number (if any);

m) website of a legal entity or a foreign legal entity (or an accredited branch or a representative office of a foreign legal entity) in the information and telecommunications network Internet (if any);

n) contact information of a legal entity or a foreign legal entity (or an accredited branch or a representative office of a foreign legal entity) – email address and contact phone number;

o) passport data of the person entitled to act on behalf of a legal entity or foreign legal entity without a power of attorney, or data of other identity documents in accordance with the laws of the Russian Federation, and for an accredited branch or representative office of a foreign legal entity – passport data or data of other documents identifying the person in accordance with the laws of the Russian Federation, the head of an accredited branch or a representative office of a foreign legal entity;

p) copies of the constituent documents of a legal entity, for a foreign legal entity – a properly certified Russian translation of the constituent documents of such a foreign legal entity, for an accredited branch or a representative office of a foreign legal entity – a properly certified translation into Russian of the constituent documents of a foreign legal entity, on based on the decision of which such a branch was created or such a representative office was opened;

c) decision (copy of the decision) on consent to conclude major transactions or on the subsequent approval of major transactions based on the results of electronic procedures on behalf of the procurement participant – a legal entity or a foreign legal entity (or an accredited branch or a representative office of a foreign legal entity), indicating the maximum parameters of the conditions of one transaction;

r) duly certified translation into Russian of documents on state registration of a legal entity in accordance with the laws of the respective state – for a foreign legal entity;

s) duly certified translation into Russian of documents confirming the authority of an individual to register a participant – for a foreign legal entity;

t) an extract from the Unified State Register of Legal Entities – for a legal entity;

x) information on bringing to administrative responsibility for committing an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation (if any), including the name of the court that issued the decision on the imposition of an administrative penalty, the number of the case on the administrative offense, the date of the decision and the date of entry the resolution on the appointment of an administrative penalty (comes into force on 01.01.2021)

v) provided for in subparagraphs “a” , “c”, “d”, “m”, “p” and “f” of this paragraph, – in relation to a legal entity exercising the powers of the sole executive body of a registered legal entity (in the case of exercising such powers);

w) provided for in subparagraphs “a” , “b” and “h” of paragraph 6 of these Rules, – in relation to an individual entrepreneur exercising the powers of the sole executive body of a registered legal entity (if such powers are exercised).

According to clause 9 of the Rules, when registering a foreign legal entity, a foreign citizen or a person without citizenship for placement in the register of participants, information and documents shall be formed, provided for in subparagraphs “a” – “c”, “e”, “m” – “y” and “x” – “h” of paragraph 5, subparagraphs “a” – “h”, “m” and “n” of paragraph 6 of the Rules. Such information and documents can be formed by the person of the electronic site operator authorized to perform such actions using an enhanced qualified electronic signature through information interaction of the electronic site with the unified information system. With respect to the specified information and documents, the technological (hardware and software) means of the unified information system are used to verify the belonging of a foreign legal entity to a legal entity with the place of registration is a state or territory included in the approved in accordance with subparagraph 1 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation list of states and territories that provide a preferential tax regime for taxation and (or) do not provide for the disclosure and provision of information during financial transactions (offshore zones), by comparing the information generated for placement in the register of participants specified in subparagraph “b” of paragraph 5 of these Rules, with the information contained in the specified list of states and territories, and its further updating no later than one business day following the day of receipt of information from the specified list of states and territories.

Not later than one business day following the day of formation in the unified information system of information and documents provided for in clauses 5 and 6 of the Rules, the Federal Treasury shall ensure their placement in the register of participants, except for the cases provided for in clause 15 of the Rules.

The procurement participant shall be considered registered in the unified information system from 00.00 of Moscow time on the day following the day of implementation of the actions provided for in paragraph 4 of these Rules.

Responsibility for incompleteness, inaccuracy, change of information and documents generated for placement in the register of participants, for non-compliance of the specified information and documents with the requirements established by the laws of the Russian Federation, as well as for actions performed on the basis of the specified information and documents, shall be borne by the authorized person.

Registration in the Unified Register of Procurement Participants (ERPP) of a procurement participant being a foreign legal entity is possible both for foreign legal entities using a qualified certificate of electronic signature (QES), an analogue of an EDS in Kazakhstan, and for foreign legal entities that do not have a QES.

1. To register in the ERPP of foreign legal entities with a QES, an authorized person of a foreign legal entity must first register in the Unified system of identification and authentication (USIA, https://www.gosuslugi.ru/).

After registering with the USIA, a foreign legal entity shall performs registration with the ERPP in the UIS.

A qualified certificate of electronic signature can be obtained in accredited certification centers.[2]

To obtain a qualified electronic signature certificate, individuals shall:

– be present in person;

– have an identity document (passport);

– have a state pension insurance certificate of the applicant (Individual insurance account number);

To obtain a qualified certificate of electronic signature legal entities shall:

– have constituent documents;

– have a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities;

– have a certificate of registration with a tax authority of the applicant.

Thus, obtaining a QES in the Russian Federation is possible for residents of the Russian Federation, or for foreign companies with branches or representative offices in the territory of the Russian Federation.

2. For registration in ERPP of foreign legal entities that do not have a QES, an authorized person of a foreign legal entity shall send to the operator any of the electronic platforms selected in accordance with 44-FZ, information and documents about the procurement participant, in accordance with the above requirements of paragraph 9 of the Rules.

The list of selected operators of electronic platforms is presented in Appendix 1.

Tariffs for electronic platforms are available at the link: https://zakupki.gov.ru/epz/main/public/document/view.html?sectionId=917.

Procedure for a foreign legal entity that does not have a QES for participation in electronic public procurement procedures in the Russian Federation:

1. The authorized person of the procurement participant shall provide the operator of any of the electronic sites selected in accordance with 44-FZ with information and documents about the procurement participant.

2. The operator of the electronic site shall check the information and documents provided by the procurement participant and send them for registration of the procurement participant in the UIS and inclusion in the unified register of procurement participants using the QES.

3. The procurement participant shall be automatically registered in the UIS, the information of the procurement participant shall be placed in the Unified Register of Procurement Participants.

4. Information about the registered procurement participant shall be automatically sent to all electronic sites.

5. The operator of the electronic site shall accredit the procurement participant on the electronic site no later than the working day following the day of its registration in the UIS.

6. The authorized person of the procurement participant shall provide an identity card to the operator of the electronic site for gaining access to such an electronic site, receive a login and password to enter the electronic site.

7. For the authorized person of the procurement participant shall enter the ETP using the login and password to submit applications for participation in electronic procedures.

To register on an ETP, in most cases, an electronic signature is required, while some ETPs provide the possibility of obtaining a Non-qualified electronic signature (NQES) for non-residents of the Russian Federation.

In particular, the ETP of TEK-Torg JSC provides such an opportunity according to the following scheme:

– Registration in the personal cabiten of the Certification Center (PC CC)

– Formation and payment of a request for issue of a NQES

– Creation of the NQES certificate

– Sending the necessary documentation to TEK-Torg JSC.

Attachment 1.

List of selected operators of electronic platforms:

1) State Order Agency of the Republic of Tatarstan Joint-Stock Company

http://etp.zakazrf.ru

AGZ RT

TIN 1655391893

RRC 165501001