Description of the object of procurement according to 44 fz article. Formation and description of the procurement object

Reading time: 4 min

Any procurement carried out on the basis of Federal Law No. 44-FZ "On the contract system" provides for the mandatory description of the procurement object.


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

How should this part of the procurement documentation be formed and what rules should the customer follow?

Article 33 of Federal Law No. 44-FZ as a regulator of rules

Since the conduct requires a thorough description of the object, for the sake of which such a procedure is carried out, the Federal Law "On the contract system in the field of procurement" has a special article that clearly formulates the rules in accordance with which procurement documentation can be drawn up, in particular, describe purchase object.

This article is constantly subject to changes, the latest of which were introduced by Federal Law No. 504-FZ of December 31, 2017 and entered into force on July 1, 2018. Basically, the changes in this article carried out since 2014 are aimed at fully reflecting the nuances that are formed in terms of the description of the procurement object, since various changes are constantly being made in the legislation that regulates issues aimed at providing opportunities. on the formation of free competition and the possibility of competitive procurement.

So, in particular, when describing the procurement object, the customer does not have the right to indicate any information that may limit the opportunities for participation in the ongoing procurement of a wide number of participants that may become potential under a particular contract.

Procurement object description rules

The object of procurement when forming specialized accompanying documentation must be described taking into account the rules that the legislator has formulated under Article 33 "On the contract system". These rules include:

  • the possibility of indicating in the description of the object of procurement only technical, functional and qualitative characteristics, as well as operational parameters for those cases when it is necessary to enter such information. At the same time, when compiling the description, it is strictly forbidden to indicate specific brand names or trademarks if this can significantly limit the possibilities for competitive procurement. The only exception is the case when such a purchase takes place in order to purchase a product that is an integral part of the mechanism operated by the customer and has no analogues. In other cases, the phrase “or equivalent” should be additionally indicated, as this will avoid a possible restriction of competition;
  • indication of specific technical characteristics and other indicators for cases when it comes to the purchase of goods recommended for purchase, which belong to specially formulated lists of purchased goods. The formation of the description must contain the terminology that was formulated in the standardization documents approved by the Government of the Russian Federation. If such terms are not used, the customer is obliged to justify the use of other indicators or terminology when compiling the description;
  • the description of the procurement object may indicate its image, drawings, sketches, photographs, diagrams and other graphic objects that will identify the purchased item or group of items, as well as prepare a potential participant in the procurement procedure, which must be provided for admission to participate in the procedure;
  • when compiling a description of the procurement object to the state customer, the legislator gave the right to provide the results of testing, information on the procurement carried out with respect to a particular procurement object, if this makes it possible to determine which manufacturers the supplied goods should have, but will not be able to limit the possibility of competition in the procurement;
  • if we are talking about the purchase of a medicinal product, then the customer has the right to indicate its international name or chemical and grouping names, if the international one is absent or not assigned. If we are talking about the purchase of medicines for which a list approved by the federal authorities has been formed, which includes trade names that characterize certain drugs, then such trade names may be indicated in the description of the procurement object;
  • if we are talking about a product that must have a warranty period, then the requirements for its availability and the provision by the contractor under the contract of the relevant information at the time of delivery of the goods are to be included in the description of the procurement object.

In the event that the object of procurement is described with violations of the above rules, the official of the customer who made such errors may be brought to justice and subject to a fine of up to fifty thousand rubles.

Typical errors in the description of the procurement object and options for correcting them

When drawing up a description of the object of procurement, the state customer often makes a number of mistakes, which in the future can lead to litigation on the basis of unreasonable restriction of competition. Some of the most common mistakes today are:

  • the absence of an indication of the possibility of supplying an equivalent for the product if a specific trademark was indicated for it. In this regard, the legislator allowed the state or municipal customer to refuse to indicate the words “or equivalent”, but to justify in the description of the procurement object why the equivalent of the specified trademark cannot be supplied, for example, due to the technical incompatibility of the equipment or machines used by the customer with supplied spare parts of other brands due to their technical differences;
  • lack of specific technical characteristics of the goods supplied or work performed. In this case, in order to correct such an error, the description of the procurement object should be completely revised and brought into line with the requirements established by clauses 1 and 2 of part 1 of Article 33 of Federal Law No. 44-FZ;
  • the presence of conflicting requirements for a potentially delivered or performed object of procurement. To correct this error, it will be necessary to rework the procurement documentation and bring it into line with the requirements of the current legislation;
  • the presence of too many requirements for the object of procurement, which become redundant in their content. Such an excessive description may lead to an unjustified restriction on the possibility of participation in the procurement of a wide range of

Memo to small businesses: the most frequently asked questions on the application of the Federal Law of 04/05/2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

  1. When conducting an electronic auction, is the customer entitled to require the quantity of goods to be indicated in the application? // FAS position
  1. Does the customer have the right to require the bidder to describe the chemical composition of which the goods will be made, for example, describe the chemical composition of the steel from which the door body is made? / FAS position
  1. The customer's procurement documentation does not contain a reference to a specific GOST, which the product must comply with (for example, it must comply with GOST, but it is not indicated which one). At the same time, if the participant fills out the application and the indicators do not comply with GOST, the application will be rejected. Is it legal? / FAS position
  1. How to correctly fill out an application in accordance with the documentation of an auction or an open tender? Which indicators need to be specified specifically, and which indicators should be left in the range or unchanged?
  1. Can a procurement participant indicate several countries of origin of goods in the application?
  1. Is it legal to reject the first part of an application for participation in an electronic auction in the absence of a trademark?

with such information

  1. What documents should the procurement participant provide if the price offered by him is reduced by 25% or more from the initial (maximum) contract price?
  1. The right of the customer not to establish the requirement to secure the performance of the contract in the notice of procurement and (or) the draft contract (Decree of the Government of the Russian Federation of March 11, 2016 N 182).

19. Decree Government of the Russian Federation dated March 14, 2016 N 191 "On approval of the Rules for changing, by agreement of the parties, the term of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services stipulated by contracts that expire in 2016").

law

paragraph 1

subparagraph "b"

paragraph 1 of article 451

paragraph one of this paragraph.

paragraph one of paragraph 5

paragraph 1

C new \u003d (C - C p) x ICC + C p,

paragraph 13 of these Rules.

subparagraph "a" of paragraph 3

paragraph 6 paragraph 15 of these Rules.

paragraph 14

C unit new \u003d ((K - C p / C ed) x C ed x ICC + C p) / K,

C p

C unit - the initial price of a unit of goods, work, services provided for by the contract;

PPI - price adjustment index, established in accordance with paragraph 13 of these Rules.

paragraph 14

C new = C unit. new x K new,

C unit new - the limit value of the new price of a unit of goods, the volume of work performed, services rendered, determined in accordance with paragraph 15 of these Rules;

K new - a reduced amount of goods, the amount of work performed, services provided.

C new \u003d C + C 16 x (ID 16n - ID 16) / ID 16,

C - the initial price of the contract;

P 16 - the volume of payments in accordance with the terms of the contract in 2016;

ID 16n - forecast index-deflator "Investments in fixed assets from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast for the socio-economic development of the Russian Federation, effective as of the date of the change in the contract;

ID 16 - forecast index-deflator "Investments in fixed capital from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of adoption of the regulatory legal act on the provision of budget funds from the budget of the budgetary system of the Russian Federation for the implementation of an investment project for the construction, reconstruction and technical re-equipment of capital construction facilities, work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance.

paragraph 17

Memo to small businesses: the most frequently asked questions on the application of the Federal Law of 04/05/2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

  1. When conducting an electronic auction, is the customer entitled to require the quantity of goods to be indicated in the application? // FAS position

The procurement participant in the application for participation in the electronic auction for the supply of goods must indicate the consent and specific indicators of the goods.

At the same time, the Law on the contract system does not contain a requirement to indicate the quantity of goods in the bid.

Thus, the quantity of goods is not included in the list of information that an application for participation in an electronic auction should contain, since it is not a specific indicator of the goods, and therefore, when establishing the specified conditions for the execution of a contract in the documentation for an electronic auction, procurement participants agree to the fulfillment of these conditions contract in accordance with the requirements of the Law on the contract system.

Thus, the customer is not entitled to require in the application for participation in the electronic auction an indication of the quantity of goods supplied.

  1. Does the customer have the right to require the bidder to describe the chemical composition of which the goods will be made, for example, describe the chemical composition of the steel from which the door body is made? / FAS position

Taking into account that the Law on the Contract System does not oblige the procurement participant to have goods subject to description in accordance with the requirements of the documentation, the establishment in the procurement documentation of requirements for the description by procurement participants of chemical indicators of goods limits the ability of procurement participants to provide an appropriate offer as part of applications for participation in competition, auction.

Based on the foregoing, the FAS Russia considers that the establishment in the procurement documentation of the requirement for procurement participants to provide information on the chemical composition of the materials from which the purchased goods are made as part of the bids is a violation of part 5 of article 51, part 6 of article 66 of the Law on the contract system.

  1. The customer's procurement documentation does not contain a reference to a specific GOST, which the product must comply with (for example, it must comply with GOST, but it is not indicated which one). At the same time, if the participant fills out the application and the indicators do not comply with GOST, the application will be rejected. Is it legal? / FAS position

2) when drawing up the description of the object of procurement, the use of indicators, requirements, symbols and terminology relating to the technical characteristics, functional characteristics (consumer properties) of the goods, work, services and quality characteristics of the object of procurement, which are provided for by technical regulations adopted in accordance with the legislation of the Russian Federation on technical regulation, documents developed and applied in the national standardization system, adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to determining the conformity of the supplied goods, work performed, services provided to the needs of the customer. If the customer, when drawing up the description of the procurement object, does not use the indicators, requirements, symbols and terminology established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization, the procurement documentation must contain a justification for the need to use other indicators, requirements, symbols and terminology;

Thus, when specifying the requirements for compliance with GOST in the tender documentation, auction documentation, the customer should be able to compare GOST and goods, the description of which must be guided by such GOST.

At the same time, the actions of the customer who established in the tender documentation, the auction documentation the requirements for compliance with GOST, but did not indicate the specific name of the GOST, and also did not establish the proper instructions for filling out applications that allow comparing the described product and GOST, do not comply with clause 2 of part 1 article 64 of the Law on the contract system.

  1. How to correctly fill out an application in accordance with the documentation of an auction or an open tender? Which indicators need to be specified specifically, and which indicators should be left in the range or unchanged?

The rules for describing the object of procurement are established in Article 33 of the Law on the Contract System, according to which the description of the object of procurement must be objective. The customer, when describing the procurement object in the procurement documentation, indicates the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary).

According to part 2 of article 33 of the Law on the contract system, the procurement documentation must contain indicators that make it possible to determine the compliance of the purchased goods, work, services with the requirements established by the customer. At the same time, the maximum and (or) minimum values ​​of such indicators are indicated, as well as the values ​​​​of indicators that cannot be changed.

At the same time, the Law on the contract system does not contain a prohibition on the use of other indicators for describing the procurement object.

Additionally, the FAS Russia informs that when describing the procurement object, the customer independently determines the indicators that make it possible to determine the compliance of the purchased goods, work, services with the requirements established by the customer.

At the same time, the customer has the right to include in the procurement documentation only those requirements for the goods used to perform the work, which, in the opinion of the customer, are significant for the quality performance of work (rendering of services).

In accordance with Article 51 of the Law on the Contract System, bids for participation in an open tender are submitted in the form and in the manner specified in the tender documentation, and must contain the proposal of the participant in the open tender in relation to the object of procurement, and in the case of the purchase of goods, also the proposed unit price of goods , information about the country of origin of the goods and the manufacturer of the goods.

Thus, the customer has the right to establish an application form in the tender documentation, according to which the procurement participant must indicate the indicators of the object of procurement of goods, work, services and the values ​​of such indicators.

At the same time, the FAS Russia draws attention to the fact that, in accordance with paragraph 4 of part 1 of Article 50, paragraph 2 of part 1 of Article 64 of the Law on the contract system, tender documentation, documentation of an electronic auction must contain requirements for the content of the application and requirements for the composition of the application for participation in the purchase, as well as instructions for filling it out.

From the foregoing, it follows that the tender documentation, the documentation on the electronic auction must contain proper instructions for filling out an application for participation in the procurement, which allows determining the procedure for filling out the application in terms of indicating the indicators of goods (work, services).

Failure by the customer to establish proper instructions in the auction documentation, tender documentation, as well as the establishment of an instruction that does not allow unequivocally determine the procedure for filling out the application is a violation of paragraph 4 of part 1 of Article 50, paragraph 2 of part 1 of Article 64 of the Law on the contract system and contains signs of an administrative offense under part 4.2 of Article 7.30 of the Code of the Russian Federation on Administrative Offenses. In addition, the FAS Russia informs that the question of whether the instruction for filling out the application for participation in the procurement is appropriate or improper must be decided in each specific case, based on the provisions of the procurement documentation, the application of the procurement participant and all the circumstances of the case.

  1. Can a procurement participant indicate several countries of origin of goods in the application?

In accordance with part 3 of article 66 of the Law on the contract system, the first part of the application for participation in an electronic auction must contain, among other things, the name of the country of origin of the goods.

According to Article 58 of the Customs Code of the Customs Union (hereinafter referred to as the Customs Code of the Customs Union), general provisions on the country of origin of goods are established. The country of origin of goods is the country in which the goods were completely produced or subjected to sufficient processing (processing) in accordance with the criteria established by the customs legislation of the Customs Union.

In accordance with Part 2 of Article 59 of the Customs Code of the Customs Union, documents confirming the country of origin of goods are a declaration of origin of goods or a certificate of origin of goods.

In addition, clause 2.1 of the Agreement of the Governments of the CIS Member States dated November 20, 2009 "On the Rules for Determining the Country of Origin of Goods in the Commonwealth of Independent States" (hereinafter referred to as the Agreement) establishes that the country of origin of goods is considered to be a state party to the Agreement, on the territory of which the goods have been completely produced or subjected to sufficient processing / processing in accordance with the rules for determining the country of origin of goods.

Thus, information about the country of origin of goods is established in accordance with the provisions of the Customs Code of the Customs Union, according to which information about the origin of goods is assumed to be the country of origin of the goods, in the territory of which the goods were completely produced or subjected to sufficient processing / processing.

Based on the foregoing, the procurement participant, when offering a specific product for delivery, indicates in the first part of the application for participation in the electronic auction information about the country of origin of the product.

At the same time, in some cases, the legislation of the Russian Federation establishes the need to obtain a document confirming the compliance of the goods with the requirements established in accordance with the legislation of the Russian Federation. At the same time, such documents may contain, among other things, information about the country of origin of the goods.

In particular, in accordance with the Rules for State Registration of Medical Devices, approved by Decree of the Government of the Russian Federation No. 1416 dated December 27, 2012, information about the place of manufacture of a medical device is indicated in the registration certificate issued by the Federal Service for Surveillance in Healthcare.

Also, in the registration certificate of a medicinal product, which, in accordance with paragraph 26 of Article 4 of Federal Law No. 61-FZ of April 12, 2010 “On the Circulation of Medicines”, a document confirming the fact of state registration of a medicinal product, several countries of origin of the goods may be indicated.

  1. Is it legal to reject the first part of an application for participation in an electronic auction in the absence of a trademark?

Based on the foregoing, in the absence of an indication of a trademark (if any), service mark (if any), trade name (if any), patents (if any), utility models (if any), industrial designs in the documentation for an electronic auction (if any), the first part of the application for participation in an open electronic auction when concluding a contract for the performance of work or the provision of a service, for the performance or provision of which the goods are used, in addition to the consent of the participant in such an auction to perform the work or provide the service on the terms stipulated by the documentation on such auction must contain:

Specific indicators of the goods used;

Indication of a trademark (its verbal designation) (if any), service mark (if any), company name (if any), patents (if any), utility models (if any), industrial designs (if any);

Name of the country of origin of the goods.

At the same time, information about a trademark, service mark, trade name, patent, utility model, industrial design is indicated in the application for participation in an electronic auction only if such information is available.

Thus, the absence of specific indicators in the application for participation in an electronic auction in relation to the goods offered for delivery, used in the performance of work or the provision of services, as well as information on a trademark, service mark, trade name, patent, utility model, industrial design with such information about the goods is the basis for denial of admission to the participant of the electronic auction in connection with the failure to provide the information provided for in paragraph 3 of Article 66 of the Law on the contract system.

  1. What documents should the procurement participant provide if the price offered by him is reduced by 25% or more from the initial (maximum) contract price?

In accordance with Part 2 of Article 37 of the Law on the Contract System, if during a tender or auction the initial (maximum) contract price is fifteen million rubles or less and the procurement participant with whom the contract is concluded, the contract price is proposed, which is twenty-five percent or more lower the initial (maximum) price of the contract, the contract is concluded only after such participant provides the security for the performance of the contract in the amount specified in part 1 of article 37 of the Law on the contract system, or information confirming the good faith of such a participant as of the date of filing the application in accordance with part 3 of article 37 of the Law about the contract system.

According to part 5 of article 37 of the Law on the contract system, the information provided for in part 3 of article 37 of the Law on the contract system is provided by the procurement participant when sending the signed draft contract to the customer. If such a participant, recognized as the winner of the auction, fails to comply with this requirement or the procurement commission recognizes the information provided for by paragraph 3 of Article 37 of the Law on the contract system as unreliable, a contract with such a participant is not concluded, and he is recognized as evading the conclusion of the contract.

According to part 6 of article 37 of the Law on the contract system, the security specified in parts 1 and 2 of article 37 of the Law on the contract system is provided by the procurement participant with whom the contract is concluded before it is concluded. A procurement participant who has not fulfilled this requirement is recognized as evading the conclusion of the contract.

Thus, if a procurement participant has proposed a contract price reduced by twenty-five percent or more, such procurement participant is obliged to provide a contract performance security in the amount specified in part 1 of article 37 of the Law on the contract system, or information confirming the good faith of such a procurement participant as of the date filing an application in accordance with paragraph 3 of article 37 of the Law on the contract system. If this requirement is not met, such a procurement participant is recognized as having evaded the conclusion of the contract.

At the same time, the FAS Russia draws attention to the fact that, according to part 4 of article 96 of the Law on the contract system, the contract is concluded after the procurement participant, with whom the contract is concluded, provides security for the execution of the contract in accordance with the Law on the contract system.

Thus, compliance by the procurement participant with the condition for providing information confirming the good faith of such a participant as of the date of filing an application in accordance with part 3 of article 37 of the Law on the contract system does not relieve the procurement participant with whom the contract is concluded from providing security for the performance of the contract in the amount established in notice of the procurement and procurement documentation, in accordance with the Law on the contract system.

  1. The right of the customer not to establish the requirement to secure the performance of the contract in the notice of procurement and (or) the draft contract (Decree of the Government of the Russian Federation of March 11, 2016 N 182).

In accordance with Part 2.1 of Article 96 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:

Determine the following cases and conditions under which in 2016 the customer has the right not to establish the requirement to secure the execution of a contract for the supply of goods, performance of work, provision of services to meet state or municipal needs (hereinafter referred to as the contract) in the notice of procurement and (or) draft contract :

competitions, electronic auctions, requests for proposals are carried out, in which only small businesses, socially oriented non-profit organizations and in projects whose contracts do not provide for advance payments are participants in procurement;

the draft contract contains a condition on the banking support of the contract;

the draft contract contains a condition on the transfer of advance payments to the supplier (contractor, executor) to an account opened with a territorial body of the Federal Treasury or a financial body of a constituent entity of the Russian Federation, a municipality in institutions of the Central Bank of the Russian Federation;

the draft contract provides for the payment of advance payments in the amount of not more than 15 percent of the contract price when making purchases to meet federal needs, or in another amount established by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations, when making purchases to meet the needs of the constituent entity of the Russian Federation, respectively, municipal needs, as well as the settlement by the customer with the supplier (contractor, performer) with payment in the amount of not more than 70 percent of the price of each delivery of goods (stage of work, provision of services) to meet federal needs or in another amount established by the highest executive bodies of state power constituent entities of the Russian Federation, local administrations, when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, and carrying out a full calculation only after the customer has accepted all the stipulated counter an act of delivered goods, performed works, rendered services and full performance by the supplier (contractor, performer) of other obligations stipulated by the contract (except for warranty obligations).

  1. Is it necessary to pay not only the price for the right to conclude a contract, but also the services rendered following the results of the auction if the auction is held by increasing the price for the right to conclude a contract?

According to Part 2 of Article 42 of the Law on the Contract System, if it is impossible to determine the scope of work to be performed on the maintenance and (or) repair of machinery, equipment, the provision of communication services, in the notice of procurement and procurement documentation, the customer indicates the price of a unit of work or service. At the same time, the notice on the implementation of the procurement and the procurement documentation must indicate that payment for the performance of work or the provision of services is carried out at the price of a unit of work or service based on the volume of work actually performed or services rendered, at the price of each spare part for machinery, equipment, based on the quantity of spare parts, the supply of which will be carried out during the execution of the contract, but in an amount not exceeding the initial (maximum) contract price specified in the notice of procurement and procurement documentation.

In accordance with part 4 of article 24 of the Law on the contract system, an auction is understood as a method for determining a supplier, in which the procurement participant who has offered the lowest contract price is recognized as the winner.

At the same time, according to part 23 of article 68 of the Law on the contract system, if during an electronic auction the contract price is reduced to half a percent of the initial (maximum) contract price or lower, such an auction is held for the right to conclude a contract. In this case, such an auction is carried out by increasing the price of the contract.

Thus, if during an electronic auction for the provision of services, the contract price is reduced to half a percent of the initial (maximum) contract price or lower, the right to conclude a contract becomes the subject of such an auction, and the winner of such an auction is recognized as the participant who offered the highest price for the right to conclude contract. At the same time, the price of the contract offered by such a procurement participant in this case is not the price of the services to be provided under the contract, but is the price of acquiring the right to conclude it.

Based on the results of an electronic auction for the right to conclude a contract in accordance with Part 2 of Article 70 of the Law on the Contract System, the customer places a draft contract in the unified information system, which is drawn up by including the price for the right to conclude a contract proposed by the winner of the electronic auction with which the contract is concluded.

In accordance with part 12 of article 70 of the Law on the contract system, based on the results of an electronic auction for the right to conclude a contract, the contract is concluded only after depositing to the account, which, in accordance with the legislation of the Russian Federation, records transactions with funds received by the customer, the winner of the electronic auction of funds in the amount of the price offered by him for the right to conclude a contract, as well as providing security for the performance of the contract.

Based on the foregoing, due to the fact that, according to the results of an electronic auction for the right to conclude a contract, only the right to conclude a contract is subject to payment, then a sum of money in the amount of the price offered by the winner of the auction for the right to conclude a contract is subject to payment to the customer’s account. At the same time, the provision of services specified in the notice, procurement documentation, is carried out free of charge.

Additionally, the FAS Russia draws attention to the fact that depositing funds in the amount of the price offered by the winner for the right to conclude a contract to the customer’s account does not relieve the winner of the electronic auction from providing security for the performance of the contract, taking into account the requirements provided for in Article 37 of the Law on the contract system.

  1. Is it legal to reject an application for participation in the tender if the application includes a document confirming the deposit of the application security, but at the time of consideration of the applications, funds have not been received on the customer's account?

According to paragraph 5 of part 2 of article 51 of the Law on the contract system, an application for participation in an open tender must contain documents confirming the submission of security for an application for participation in an open tender (payment order confirming the transfer of funds as security for an application for participation in an open tender with a bank note , or a copy of this payment order certified by the bank, or a bank guarantee included in the register of bank guarantees).

In accordance with part 3 of article 53 of the Law on the contract system, the tender commission rejects an application for participation in the tender if the tender participant who submitted it does not meet the requirements for the tender participant specified in the tender documentation, or such an application is recognized as not meeting the requirements specified in the tender documentation.

Thus, if the application does not include a document confirming that the application for participation in an open tender has been secured, the customer is obliged to reject such an application.

At the same time, in accordance with part 5 of article 44 of the Law on the contract system, if the procurement participant, as part of the application, submits documents confirming the deposit of funds as security for the application for participation in determining the supplier (contractor, performer), and before the date of consideration and evaluation applications, funds have not been received to the account indicated by the customer in the procurement documentation and on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the customer are recorded, such a participant is recognized as not providing security for the application.

Thus, if the procurement participant, as part of the application, submits documents confirming the deposit of funds as security for the application for participation in determining the supplier (contractor, performer), and before the date of consideration and evaluation of applications, the funds have not been credited to the customer’s account, the customer is obliged reject such an application of the participant of the competition.

  1. On the application of the Law on the contract system on the issue of the possibility for the customer to establish in the tender documentation an assessment procedure in which the membership of the procurement participant in the SRO / АЦ / 54940/15 dated 08.10.2015 is subject to assessment in terms of “Business reputation”

In accordance with paragraph 1 of part 1 of article 31 of the Law on the contract system, when making a purchase, the customer establishes uniform requirements for procurement participants, including compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, providing services, being the object of the purchase. Thus, if the legislation of the Russian Federation establishes a requirement for mandatory membership of an organization in an SRO that operates in the relevant field, the customer is obliged to establish in the procurement documentation the appropriate requirement for procurement participants in accordance with paragraph 1 of part 1 of article 31 of the Law on the contract system.

At the same time, if there are norms of legislation on mandatory membership in the SRO of an organization operating in the relevant field of activity, this requirement is not established by the customer in the procurement documentation as a criterion for evaluating the application "qualification of the procurement participant", since it is a criterion for admitting a person to participate in purchase.

According to part 1 of article 32 of the Law on the contract system for evaluating bids, final offers of procurement participants, the customer in the procurement documentation establishes the following criteria:

1) contract price;

2) expenses for the operation and repair of goods, the use of the results of work;

3) qualitative, functional and environmental characteristics of the procurement object;

4) the qualifications of the procurement participants, including the availability of financial resources, on the right of ownership or other legal basis of equipment and other material resources, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level.

The procedure for evaluating bids, final proposals of procurement participants, including the limit values ​​for the significance of each criterion, is established by Decree of the Government of the Russian Federation dated November 28, 2013 No. needs” (hereinafter referred to as the Rules).

According to paragraph 27 of the Rules, the indicators of the non-monetary assessment criterion “the qualifications of the procurement participants, including the availability of financial resources, equipment and other material resources that they own by right of ownership or on other legal grounds, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level” can be:

a) qualification of labor resources (managers and key specialists) offered for the performance of work, provision of services;

b) the experience of the participant in the successful delivery of goods, performance of work, provision of services of a comparable nature and volume;

c) the provision of the procurement participant with material and technical resources in terms of the availability of the procurement participant's own or leased production facilities, technological equipment necessary for the performance of work, the provision of services;

d) provision of the procurement participant with labor resources;

e) business reputation of the procurement participant.

At the same time, according to the FAS Russia, in the absence of legislative norms on the organization's mandatory membership in SROs, the provision by a procurement participant of an SRO certificate as confirmation of the “Goodwill” indicator does not indicate a higher level of qualification of such a procurement participant, and also does not indicate that that such a procurement participant will be offered the best condition for the execution of the contract.

At the same time, obtaining a SRO certificate by a procurement participant requires time and financial costs on the part of the procurement participant.

Based on the foregoing, the establishment in the procurement documentation as a subject of assessment in terms of the "Business reputation" indicator that the procurement participant has membership in an SRO in a certain area of ​​goods (works, services) may lead to a limitation in the number of procurement participants.

At the same time, the decision on the presence or absence of signs of limiting the number of procurement participants is made in each specific case on the basis of documents on the relevant procurement.

  1. Is it legal to provide as part of an application for participation in an open tender a printed extract from the Unified State Register of Legal Entities, formed in the form of an electronic document and signed with a qualified electronic signature of the tax authority?

According to the position of the Ministry of Economic Development of Russia, set out in letter No. OG-D28-13376 dated October 21, 2015, an extract from the Unified State Register of Legal Entities in electronic form, signed by a qualified electronic signature of the tax authority, can be submitted as part of an application for participation in an open tender, a request for proposals in case of submission such application also in electronic form.

At the same time, in accordance with Part 1 of Article 5 of the Law on the Contract System, participants' applications must be submitted using a unified information system put into operation in 2016.

At the same time, the FAS Russia draws attention to the fact that an extract from the Unified State Register of Legal Entities in paper form, generated in electronic form and signed with a qualified electronic signature of the tax authority, is no longer an electronic document.

Thus, in the opinion of the FAS Russia, the submission by an open tender participant to the customer of an extract from the Unified State Register of Legal Entities, generated in electronic form and signed by a qualified electronic signature of the tax authority, as part of an application for participation in an open tender on paper does not meet the requirements of the Law on the contract system.

  1. On the procedure for evaluating an application according to non-monetary criteria / АЦ/57532/15 dated 10/19/2015

According to paragraph 9 of part 1 of article 50, paragraph 7 of part 6 of article 83 of the Law on the contract system, the procurement documentation must contain the criteria for evaluating bids (offers) for participation in the procurement, the significance of these criteria, the procedure for considering and evaluating such bids (offers).

In accordance with Part 8 of Article 32 of the Law on the Contract System, the procedure for evaluating bids, final offers of procurement participants, including the limit values ​​for the significance of each criterion, are established by Decree of the Government of the Russian Federation dated November 28, 2013 No. 1085 “On approval of the Rules for evaluating applications, final proposals of procurement participants goods, works, services to meet state and municipal needs” (hereinafter referred to as the Rules).

In accordance with paragraph 4 of the Rules for evaluating bids (proposals), the customer establishes in the procurement documentation the cost criteria for evaluation (including the price of the contract), as well as non-cost evaluation criteria (quality, functional and environmental characteristics of the procurement object, as well as the qualifications of procurement participants ). At the same time, paragraph 10 of the Rules establishes that in the procurement documentation in relation to non-monetary evaluation criteria, indicators may be provided that reveal the content of non-monetary evaluation criteria and take into account the peculiarities of the evaluation of purchased goods, works, services according to non-monetary evaluation criteria.

In accordance with the provisions of paragraph 8 of the Rules for the evaluation of bids (proposals), the customer establishes in the procurement documentation at least two evaluation criteria, one of which should be the "contract price" criterion. Consequently, the customer, in order to evaluate bids (offers) for participation in the procurement, has the right to establish in the procurement documentation both one of the non-monetary criteria and both non-monetary criteria.

According to paragraph 3 of the Rules, "evaluation" is the process of identifying, according to the evaluation criteria and in the manner established in the procurement documentation, the best conditions for the execution of the contract specified in the bids (offers) of the procurement participants that were not rejected.

  1. Based on the foregoing, in order to identify the best conditions for the execution of the contract, the procedure for evaluating bids, established by the customer in the procurement documentation, must contain:
  1. the subject of evaluation, which allows to determine an exhaustive list of information to be evaluated by the commission of the customer for the implementation of procurement and, accordingly, to be submitted by procurement participants in their bids for obtaining an evaluation according to non-monetary criteria;
  2. instructions for filling out the application, which allows you to determine what information is to be described and submitted by the participants in the procurement for evaluation by the commission of the customer for the implementation of procurement;
  3. dependence (the formula for calculating the number of points provided for by the Rules, or the rating scale) between the number of points awarded and the information provided according to the criterion "qualitative, functional and environmental characteristics of the procurement object" (criterion indicators);
  4. dependency (a formula for calculating the number of points provided for by the Rules, or an assessment scale that provides for a proportional scoring) between the number of points assigned and the information provided according to the criterion "qualification of procurement participants" (criterion indicators), given that in relation to the information provided according to the specified criterion, a quantitative assessment is possible.

According to the FAS Russia, the identification of the best proposal for the execution of the contract is most facilitated by the establishment in the procedure for evaluating applications for participation in the procurement of the formula for calculating the number of points provided for by the Rules, if the subject of evaluation by a non-monetary criterion (indicator) is the quantity of a qualitative, qualifying characteristic ( for example, the number of contracts executed by the procurement participant).

  1. In accordance with paragraph 11 of the Rules for the evaluation of applications (proposals) for each criterion estimates used 100-point rating scale. If, in accordance with paragraph 10 of the Rules, in relation to the evaluation criterion, the purchase documentation by the customer provides indicators, then for each indicator its significance is set, according to which the assessment will be made, and formula calculating the number of points awarded for such indicators, or scale limiting values ​​of the significance of evaluation indicators, establishing the intervals of their changes, or the procedure for their determination. To evaluate bids (proposals) according to non-monetary evaluation criteria (indicators), the customer has the right to set the maximum required minimum or maximum quantitative value of qualitative, functional, environmental and qualification characteristics that are subject to assessment within the specified criteria. In this case, when evaluating bids (offers) according to such criteria (indicators), the procurement participants who made an offer corresponding to such a value, or the best offer, are assigned 100 points. Sum quantities significance of indicators evaluation criteria should be 100 percent.

Based on the foregoing, if there is a non-monetary criterion in the procurement documentation, the evaluation procedure should contain:

  1. significance in relation to each indicator, which, in accordance with paragraph 3 of the Rules, is expressed in percents the weight of the indicator;
  2. the sum of the values ​​of significance of indicators of the evaluation criterion in the amount of 100 percent;
  3. a calculation formula or a scale for the number of points, providing for the assignment for each indicator from 0 up to 100 points(for further multiplication by the coefficient of significance of the indicator).

Compliance with the above provisions in the aggregate will ensure the application of the 100 point scale provided for in paragraph 11 of the Rules according to the criterion(it is possible to assign a score of 100 points to the best proposal according to the criterion).

The appendix contains an example of the procedure for evaluating bids, containing indicators of the non-monetary criterion for evaluating bids.

  1. If the indicator “experience of a participant in the successful delivery of goods, performance of work, provision of services of a comparable nature and volume” of the criterion “qualification of procurement participants” is established in the procurement documentation, the customer shall disclose the content that determines the comparability of the experience of the procurement participants in the supply of goods, performance of work, provision of services with the subject of the ongoing procurement, including the unit of measurement of the volume.
  2. When establishing the procedure for evaluating applications for participation in the procurement for construction work, the following should be followed.

In accordance with paragraph 11 of the Rules, in the event of a procurement, as a result of which a contract is concluded that provides for the performance of construction work, the customer is obliged to set the indicator "experience of the participant in the successful delivery of goods, performance of work, provision of services of a comparable nature and volume" of the criterion "qualification of procurement participants" , with the exception of the case provided for in paragraph 30 of the Rules. At the same time, the significance of the indicator should be at least 50 percent of the significance of all non-monetary assessment criteria.

The classification of construction works by the hierarchical method and the method of sequential coding is presented in code 45 of the All-Russian classifier of products by type of economic activity (OKPD) OK 034-2007.

Thus, the customer, when making a purchase for the performance of any work included in code 45 of the OKPD (with the exception of the case provided for in paragraph 30 of the Rules), sets the indicator “experience of the participant in the successful delivery of goods, performance of work, provision of services of a comparable nature and volume” of the criterion “ qualification of procurement participants” with a significance of at least 50 percent of the significance of all non-monetary evaluation criteria.

  1. Is it legal to reject a bid for the participant's failure to submit a request for quotation as part of the bid a copy of the document confirming the compliance of the procurement participant with the requirements established by the legislation of the Russian Federation?

In accordance with paragraph 1 of part 1 of article 31 of the Law on the contract system, when making a purchase, the customer establishes uniform requirements for procurement participants, as well as compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, rendering services that are the object of procurement . Such requirements include, in particular, the requirement for a procurement participant to have a license, if the relevant type of activity is subject to licensing in accordance with the legislation of the Russian Federation.

In accordance with paragraph 1 of part 1 of article 73 of the Law on the contract system, the notice of the request for quotations must contain information on the requirements for participants in the request for quotations.

Thus, in the event that, in accordance with the legislation of the Russian Federation, the object of procurement relates to licensed types of activities, the customer in the notice of the request for quotations is obliged to establish a requirement for the participant in the request for quotations to have an appropriate license provided for by the legislation of the Russian Federation.

At the same time, part 3 of article 78 of the Law on the contract system establishes requirements for documents and information provided as part of the application for participation in the request for quotations, while the requirement to provide a copy of the document confirming the compliance of the procurement participant with the requirements established by the legislation of the Russian Federation is not established .

According to part 4 of article 78 of the Law on the contract system, it is not allowed to require the participant of the request for quotations to provide other documents and information, except for those provided for in part 3 of article 78 of the Law on the contract system of information and documents. Part 7 of Article 78 of the Law on the Contract System also does not provide for the rejection of the application for the failure of the participant to submit a request for quotations as part of the application a copy of the document confirming the compliance of the procurement participant with the requirements established by the legislation of the Russian Federation.

Thus, the customer is not entitled to establish in the notice of the request for quotations a requirement for procurement participants to submit, as part of the application, a copy of the document confirming the compliance of the procurement participant with the requirements established by the legislation of the Russian Federation.

At the same time, in accordance with part 8 of article 31 of the Law on the contract system, the procurement commission checks the compliance of procurement participants with the requirements specified in clause 1 of part 1 and part 1.1 (if there is such a requirement) of article 31 of the Law on the contract system, and in relation to certain types procurement of goods, works, services with the requirements established in accordance with parts 2 and 2.1 of Article 31 of the Law on the contract system, if such requirements are established by the Government of the Russian Federation, and also has the right to check the compliance of procurement participants with the requirements specified in paragraphs 3 - 5, 7 - 9 part 1 of article 31 of the Law on the contract system. The Procurement Commission is not entitled to impose on the procurement participants the obligation to confirm compliance with the specified requirements, except in cases where the specified requirements are established by the Government of the Russian Federation in accordance with parts 2 and 2.1 of Article 31 of the Law on the contract system.

At the same time, according to Part 9 of Article 31 of the Law on the Contract System, the removal of the procurement participant from participation in the determination of the supplier (contractor, performer) or the refusal to conclude a contract with the winner of the determination of the supplier (contractor, performer) is carried out at any time before the conclusion of the contract, if the customer or the commission for the implementation of procurement discovers that the procurement participant does not meet the requirements specified in Part 1, Parts 1.1, 2 and 2.1 (if any) of Article 31 of the Contract System Law, or has provided false information regarding its compliance with these requirements.

Thus, the quotation commission and the customer, in the absence of a copy of the document confirming the compliance of the procurement participant with the requirements established by the legislation of the Russian Federation, are entitled to check its actual availability in other ways, including by sending requests to the relevant licensing authorities, examining the registers of licenses on official websites of licensing authorities.

If the quotation commission or the customer reveals a non-compliance of the procurement participant, including the winner of the request for quotations, with the requirement for a license established in the notice of the request for quotations, then such participant must be suspended from participation in the request for quotations or the customer must refuse to conclude a contract with such a participant in the manner prescribed by parts 9 and 11 of article 31 of the Law on the contract system.

  1. Can a customer, when purchasing drugs, require a specific package of a drug or additional devices for administration?

The law on the contract system does not allow to include requirements for the manufacturer of goods in the procurement documentation, since such a requirement limits the number of participants in the procurement.

Regarding the establishment in the documentation of an open auction in electronic form of the requirements for the form and material of the packaging of the medicinal product, as well as for additional devices (adapters) for the administration of medicinal products, the Federal Antimonopoly Service of Russia informs the following.

The shape and material of the medicinal product packaging, as well as additional devices (adapters) for the administration of medicinal products do not affect the therapeutic properties of medicinal products, are not specific indicators of the product and are established by the manufacturer.

Thus, the establishment in the documentation of an open auction in electronic form of a requirement for a specific package of a medicinal product, as well as for additional devices for administering medicinal products, may lead to a limitation in the number of procurement participants and, as a result, to a restriction of competition.

  1. Is it legal to establish a requirement for the residual shelf life of medicines and medical devices, expressed as a percentage?

The FAS Russia draws attention to the fact that the issue of the possibility or impossibility of using certain formulations in the technical documentation to indicate the expiration date must be considered depending on the commodity markets where the purchase takes place. So, for some medical devices, the expiration date (service life) can be set and determined by the manufacturer by a specific date, and for others, the expiration date (service life) begins from the moment the medical device is put into operation. Accordingly, the following position of the FAS Russia is applicable to the procurement of medical devices with an expiration date that is not related to the introduction of a medical device into operation.

In the process of registration of a medical product, its quality, efficacy and safety are proved. Therefore, the fact of state registration of a medical device means its compliance with the requirements of quality, efficiency and safety during its shelf life.

Thus, economic entities offering medical devices of one product market (or one medical device) for delivery, but having different expiration dates or different residual expiration dates, in the event that customers establish requirements for expiration dates expressed as a percentage, are placed in unequal conditions.

So, for example, participant No. 1 proposed a medical device with a shelf life of 3 years, participant No. 2 - 2 years, the customer purchases a medical device for a period of 1 year, while the residual shelf life is set as a percentage of 70%, therefore, to meet the requirements of the customer , participant No. 1 needs to supply a medical device with a residual shelf life of 2.1 years, and participant No. 2 - 1.4 years. At the same time, the remaining shelf life of the medical devices of the two participants covers the period of consumption needs of the goods by the customer. Thus, participant No. 1 is forced to supply goods with an expiration date relative to the expiration date of the goods of participant No. 2, exceeding 1.5 times. Or participant No. 1 and participant No. 2 offered the same medical device with a shelf life of 2 years, but participant No. 1 can supply a medical device with a residual shelf life of 70%, and participant No. 2 - 60%, while in fact the remaining shelf life medical devices is 1.4 years and 1.2 years, respectively, which satisfies the period of consumption by the customer of the medical device - 1 year. Meanwhile, participant No. 2, with the requirement for the remaining shelf life, expressed as a percentage, will not be able to participate in the purchase.

Thus, the requirements of customers for the remaining shelf life of a medical device, expressed as a percentage, may lead to the establishment of unequal conditions for manufacturers of medical devices, limiting competition and reducing the number of procurement participants. In addition, the indication by the customer of a reasonable expiration date defined by a specific period (in days, months, years) during which medical devices must remain suitable, or a specific date until which medical devices must remain suitable for their intended use, is not a burden for the customer, but significantly reduces the risks of limiting the number of procurement participants, and as a result, competition.

In order to prevent restriction of competition, the FAS Russia considers that the residual shelf life of medical devices, established in the procurement documentation by state and municipal customers, must be justified and determined by a specific period (for example, in years, months, days), during which medical devices are stored its suitability, or a specific date until which medical devices must remain suitable for their intended use.

  1. Can the customer set a requirement for a specific dosage of a medicinal product or for the number of tablets in a package?

Due to the fact that the properties of the medicinal product are its qualitative characteristics and determine the choice of the consumer, similar (in terms of INN, dosage form and dosage) medicinal products are classified as interchangeable medicinal products, except for special cases when it is impossible to substitute between medicinal products with one INN and different trade names is determined in the process of their application.

The dosage of the medicinal product corresponds to the amount of the active substance contained in the volume unit of the medicinal product. Thus, for example, all drugs with the INN "clopidogrel" in the dosage form "film-coated tablets" at a dosage of 75 mg should be considered equivalent.

At the same time, the number of units of the medicinal product (tablets, capsules, vials, ampoules, etc.) in the package does not affect the therapeutic properties of the medicinal product.

At the same time, the establishment of requirements for the number of tablets in a package in the procurement documentation may lead to a restriction on the number of procurement participants.

According to the FAS Russia, if the customer establishes requirements for the number of tablets in a package, while setting the total number of required packages, or the supply of an equivalent number of packages with a large number of tablets without the possibility of supplying an equivalent number of tablets in other packages, such actions may lead to limiting the number of procurement participants and, as a result, limiting competition.

Additionally, the FAS Russia informs that the rejection of an application for participation in an electronic auction on the basis of a discrepancy between the dosage form, the filling volume of the vial, the packaging of the medicinal product, the form and material of the packaging of the medicinal product or an additional device for the administration of the medicinal product proposed by the procurement participant, the requirements established by the documentation on auction, is a violation of part 5 of article 67 of the Law on the contract system.

At the same time, the issue of the legality of refusal to participate in the procurement must be decided in each specific case, based on the analysis of the documents, as well as the requirements established by the customer in the procurement documentation.

18.The parties to the contract must try to resolve the dispute before going to court (Federal Law of March 2, 2016 N 47-FZ "On Amendments to the Arbitration Procedure Code of the Russian Federation")

1) in Article 4:

b) Part 5 shall be stated as follows:

"5. A dispute arising out of civil legal relations may be submitted for resolution by the arbitration court after the parties have taken measures for pre-trial settlement upon the expiration of thirty calendar days from the date of sending the claim (demand), unless other terms and (or) procedure are established by law or by agreement , with the exception of cases on the establishment of facts of legal significance, cases on awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to enforcement of a judicial act within a reasonable time, insolvency (bankruptcy) cases, cases on corporate disputes, cases on the protection of rights and legitimate interests of a group of persons, cases on early termination of the legal protection of a trademark due to its non-use, cases on challenging the decisions of arbitration courts. if it is installed federal law.";

The conclusion can be drawn by considering the amendments to the Arbitration Procedure Code of the Russian Federation. As a general rule, the parties will have the right to refer a dispute arising from civil legal relations to an arbitration court only after they have taken measures for pre-trial settlement.

The right to go to court will arise after 30 calendar days from the date when one of the parties sent a claim or demand (unless a different procedure is established by law or contract). We believe that the changes relate to both contracts concluded under the Law N 44-FZ, and contracts under the Law N 223-FZ.

19.Rules for changing, by agreement of the parties, the term of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts, the term of which ends in 2016 (DecreeGovernment of the Russian Federation dated March 14, 2016 N 191 "On approval of the Rules for changing, by agreement of the parties, the term of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services stipulated by contracts that expire in 2016").

1. These Rules determine the procedure for changing in 2016, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts (including state contracts, municipal contracts, civil law contracts of budgetary institutions for the supply of goods, performance of work, provision of services for the needs of customers, concluded before the date of entry into force of the Federal Law "On the contract system in the field of procurement of goods, works, services to ensure public and municipal needs"), the term of which ends in 2016 (hereinafter referred to as contracts).

2. Changing the terms of the contracts provided for in paragraph 1 of these Rules is allowed within the limits of the volumes of financial security brought to the customers for the acceptance and (or) performance in 2016 of obligations under the contracts.

3. These Rules apply to contracts with a maturity of more than 6 months, the execution of which, due to circumstances beyond the control of the parties, is impossible without changing their conditions and the subject of which are:

a) supply of goods, performance of work, provision of services included in the lists approved by federal state authorities (federal state bodies), management bodies of state extra-budgetary funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", as well as the most significant federal state institutions science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation, by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations in relation to procurement to meet federal needs, respectively (carried out by the indicated federal state authorities (federal state bodies), governing bodies state off-budget funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom" and their subordinate customers, as well as the most significant and federal state institutions of science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation), the needs of the subject of the Russian Federation, municipal needs, with the exception of the work specified in subparagraph "b" of this paragraph. At the same time, the price of the contract must exceed 1 million rubles when making purchases to meet federal needs, the amount established by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, and be no more than than 5 million rubles if the contract is concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses, socially oriented non-profit organizations could be participants in procurement;

b) construction, reconstruction, technical re-equipment of capital construction projects, including the purchase of equipment included in the estimate of construction, reconstruction, technical re-equipment, and (or) carrying out work to preserve cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific - methodological guidance.

4. These Rules apply to contracts whose currency is the Russian ruble.

5. A change in the terms of the contract, provided for in paragraph 1 of these Rules, is formalized by an additional agreement to the contract, the basis for the preparation of which is a written request from the supplier (contractor, performer) sent to the customer in writing with the rationale for the impossibility of executing the contract without changing its terms due to significant change of circumstances in accordance with Article 451 of the Civil Code of the Russian Federation.

The customer is not entitled to make a decision to increase the price of the contract, the price of a unit of goods, work performed, services rendered without contacting the supplier (contractor, performer) specified in paragraph one of this clause.

6. The customer decides to amend the contract based on:

a) from the need to fulfill, as a matter of priority, contracts, the subject of which is the supply of goods necessary for the normal life support of citizens (food, funds for the provision of ambulance, including emergency specialized, medical care in an emergency or urgent form, medicines);

b) from the need to achieve the results of activities of state (municipal) programs, federal target programs or non-program areas of activity (functions, powers) of state authorities (local governments), as well as decisions taken in the prescribed manner on the provision of funds from the budgets of the budget system of the Russian Federation for implementation of capital investments;

c) from the volume of actually fulfilled obligations stipulated by the contract, as of the date of the decision to amend it;

d) from the amount of financial security approved and brought to the customer for the acceptance and (or) performance in 2016 of obligations under contracts.

7. The customer decides to amend the contract within a period of not more than 30 days from the date of receipt of the documents and information specified in the first paragraph of paragraph 5 of these Rules, and sends the supplier (contractor, performer) a notice of the decision.

8. When preparing an additional agreement to the contract, the customer ensures agreement with the supplier (contractor, performer) of the new terms of the contract.

9. Calculation and justification of changes in the terms of the contract specified in paragraph 1 of these Rules is drawn up in an annex to the supplementary agreement to the contract, which is an integral part of the contract.

10. An additional agreement to the contract concluded in accordance with these Rules may not provide for an increase in the quantity of goods supplied, the volume of work performed or services rendered.

11. Changing the term of the contract is carried out by agreement of the parties within 2016.

12. The price of the contract (with the exception of contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction objects of state and municipal property) by agreement of the parties can be increased and is determined within the value calculated by the formula:

C new= (C - C P) x ICC + C P,

C - the initial price of the contract;

FROM P- the amount of funds transferred by the customer under the contract;

PPI - price adjustment index, established in accordance with paragraph 13 of these Rules.

13. For the purposes of these Rules, federal state authorities (federal state bodies), management bodies of state extra-budgetary funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", as well as the most significant federal state institutions of science, education, culture and healthcare, defined in in accordance with the legislation of the Russian Federation, the highest executive authorities of the constituent entities of the Russian Federation, local administrations or the executive authorities of the constituent entities of the Russian Federation authorized by them, local governments, respectively, quarterly approve price adjustment indices for each item of goods, works, services (names of groups of goods, works , services) included in the lists provided for by subparagraph "a" of paragraph 3 of these Rules. By the decision of the local administration, to change the prices of contracts, indices approved by the highest executive bodies of state power of the constituent entities of the Russian Federation or authorized by them executive bodies of the constituent entities of the Russian Federation, on the territory of which the relevant municipalities are located, can be used.

14. The decision of the customer to reduce the quantity of goods, the volume of work performed, the service provided may be taken in accordance with paragraph 6 of these Rules. At the same time, the price of a unit of goods, work, services may be increased in accordance with paragraph 15 of these Rules.

15. The price of a unit of goods, work, services in the case specified in paragraph 14 of these Rules is determined within the value calculated by the formula:

C units new= ((K - C P/ C units) x C units x ICC + C P) / TO,

K - the amount of goods, the amount of work performed, services provided, provided for by the contract;

FROM P- the amount of funds transferred by the customer under the contract;

C units- the initial price of a unit of goods, work, services, provided for by the contract;

PPI - price adjustment index, established in accordance with paragraph 13 of these Rules.

16. The price of the contract in the case specified in paragraph 14 of these Rules, by agreement of the parties, can be changed and is determined within the value calculated by the formula:

C new= C units new x K new,

C units new- the limit value of the new price of a unit of goods, the volume of work performed, services rendered, determined in accordance with paragraph 15 of these Rules;

To new- reduced quantity of goods, volume of work performed, services rendered.

17. The change in 2016 of the contract price, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance, is determined within the value , calculated by the formula:

C new= C + C 16 x (ID 16n- ID 16) / ID 16,

C - the initial price of the contract;

C 16- volume of payments in accordance with the terms of the contract in 2016;

ID 16n- predictive deflator index "Investments in fixed assets from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of the change in the contract;

ID 16- predictive deflator index "Investments in fixed capital from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of adoption of the regulatory legal act on the provision of budgetary funds from of the budget of the budgetary system of the Russian Federation for the implementation of an investment project for the construction, reconstruction and technical re-equipment of capital construction facilities, work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance.

18. When changing the price of the contract, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, the costs agreed by the customer and contractor , to be included in the consolidated estimate calculation of the cost of construction, should not exceed the current estimated standards for certain types of costs, approved in accordance with the legislation of the Russian Federation.

19. The highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations, when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, may establish other features for amending contracts in terms of changing the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the scope of work, services provided for by contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction objects, the performance of work to preserve cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, including the use of other indices (coefficients) instead of the deflator indices specified in clause 17 of these Rules, which ensure the calculation of the maximum value of the contract price increase.

Two quantities are said to be proportional if the ratio of their values ​​remains unchanged.

We collected in the table the main changes in the rules for describing the object of procurement according to 44 Federal Laws of 2020:

When did it take effect What changed Content of changes
01.07.2019 Added paragraph 8 of part 1 of Art. 33 44-FZ

Procurement documentation in tenders for construction work, reconstruction, overhaul, demolition of a capital construction facility must contain project documentation, which is approved in accordance with urban planning legislation.

Exception:

  1. Project documentation for this legislation is not being prepared.
  2. The purchase is carried out under Parts 16 and 16.1 of Art. 34 44-FZ, in which the subject of the contract is the design of a capital construction facility.

If the design documentation was included in the procurement documentation, this means that the requirements of clauses 1-3 of part 1 of Art. 33 44-FZ.
01.07.2019 New edition of Part 4 of Art. 33 44-FZ We formulated the concept of warranty obligations - these are requirements for guaranteeing the quality of goods, work, services and requirements for the warranty period or the volume of guarantees.

The concept and rules for describing an object

To describe the procurement object means to fix its qualitative and quantitative characteristics (standard), which allow to identify the object. Article 33 spells out the following rules for describing the object of procurement under 44-FZ:

When describing, you can not indicate indicators that are not available for similar products. Requirements for the subject of the purchase correspond to the real needs of the customer. Characteristics are prescribed equally for participants, without excesses and contradictions.

For example, an unreasonable requirement for award products: the width of the ribbon for the medal is 22 cm. This did not allow us to offer goods for delivery that would meet the customer’s requests (case of an administrative offense of the Novgorod OFAS Russia No. 1037/03 dated 03/04/2015).

This means that the description of the procurement object must contain maximum or minimum indicators and values ​​that do not change. For example: “Paper for office equipment. A4 format. Density: not less than 80 g/m². Whiteness: not less than 146%. Sheets per pack: 500.

It is not allowed to set requirements:

  • to the manufacturer;
  • to the participant;
  • to his business reputation;
  • to the availability of production capacities, labor, financial and other resources, except in cases where the possibility of their establishment is provided for by 44-FZ, for example, when holding a tender or auction, which falls under the norms of Decree No. 99 dated 04.02.2015.

Here is an example of qualitative functional and environmental characteristics of the procurement object.

3. Trademarks and other unique features (clause 1.1, article 33), requirements that entail limiting the number of participants cannot be indicated in the description.

It is not necessary to do this if:

  • goods that are produced under other trademarks are incompatible with goods used by the state customer;
  • spare parts and consumables for machines and equipment used by the customer are purchased in accordance with the technical documentation.

4. It is necessary to use in the description the indicators and terms provided for by the technical regulations and documents of the national system of the Russian Federation.

Other indicators, requirements, designations and terms are used, justifying the need for their use in the documentation (clause 2, part 1, article 33 of Law No. 44-FZ).

Here is an example of what a procurement object is under 44-FZ: “Produce bakery products from wheat flour in accordance with GOST 31805-2012, according to the recipe and technological instructions, which are agreed and approved in the prescribed manner, in compliance with sanitary norms and rules.”

5. If necessary, include in the description specifications, plans, drawings, sketches, warranty period and maintenance, the need for installation, adjustment and training of persons who use and maintain the equipment.

For example: “Asphalt warranty period: for subgrade — 8 years; on the basis of pavement - 6 years; on the top layer of the coating - 4 years.

6. When purchasing medicinal products, it is obligatory to indicate their international non-proprietary name in the description. And if it is absent - chemical, grouping names, a list of which is available on the website of the state register.

For example: "Drug, grouping name: Cefoperazone + [Sulbactam], dosage form - powder for solution for intravenous administration."

7. It is acceptable to order a new product that has not been used or repaired.

What characteristics to use in the description of the procurement object

Consider the object of procurement from different angles in the process of describing the product, work, service (functional, technical, quality and operational characteristics):

  1. Functional. It is the ability of an object to perform its primary function. The main purpose and conditions for its intended use.
  2. Technical. Determine the technical properties of the subject of bidding. Specific parameters, initial and final values, regulations and procedures for the supply, performance of work, provision of services.
  3. Quality. A set of properties, characteristics, features that describe the subject of the purchase, and compliance with the needs of the customer.
  4. Operational. These include the characteristics of the reliability and performance of the item, the conditions that ensure efficient operation: strength, durability, space-planning, sanitary-hygienic, economic and aesthetic characteristics.

For clarity, we will give an example of a description of the procurement object under 44 Federal Laws, taken from the documentation in the EIS.

Catalog of goods, works, services

In order to increase the transparency of procurement and reduce corruption risks through the introduction of uniform names, the government is standardizing approaches to the description of goods according to 44 Federal Laws. For this purpose, Decree No. 145 of February 8, 2017 approved the procedure for the formation and maintenance of the catalog in the Unified Information System (UIS) and the rules for its use. In 2020, the catalog is actively replenished, and now it contains more than 60,000 product names and descriptions of technical characteristics.

Customers are obliged to apply the information contained in the catalog to the description from the date of commencement of mandatory application, which is indicated in the general information for the catalog entry. As a general rule - after 30 calendar days from the date of its addition.

We found in the catalog an example of the main characteristics of the procurement object under 44-FZ.

One of the obligations of the customer in the implementation of the state order is the description of the procurement object. This description must be reflected in the procurement documentation. The requirements for the description of the procurement object are reflected in Art. 33 FZ-44. How to describe the procurement object correctly, and what violations customers make when describing the procurement object - we will talk about this in this article.

What should be included in the description of the procurement object in the documentation?

We have already indicated which article regulates the description of the procurement object - article 33 of the Law on the contract system. This provision of the law contains a requirement according to which the description of the procurement object must include following data:

  • functional, technical and quality characteristics, as well as operational characteristics (if necessary);

Example: purchase of a printer. We indicate the following characteristics: maximum print format - A4, maximum print resolution of at least 1200 * 1200 dots per inch, monochrome printing speed - at least 38 sheets per minute, tray capacity - at least 150 sheets, USB interface.

  • when describing the object of procurement, indicators, symbols, requirements, terminology in relation to the characteristics of the object of procurement, which are reflected in the relevant technical regulations, documents used within the national standardization system, should be used;

Example: when purchasing children's furniture, you should be guided by the Technical Regulations of the Customs Union TR TS 025/2012.

Note! If the customer did not use the terminology reflected in the technical regulations or documents of the national standardization system, then the use of other terminology must be justified in the procurement documentation.

Example: purchase of a children's table; indicate the following indicators: height - 460 mm, depth - 550 mm, height - 1030 mm.

  • requirements for the warranty period of the procurement object (if necessary).

The description of the procurement object may contain:

  • a reference to the trademarks of the goods, but only for those cases when, in the performance of work or the provision of services, it will be necessary to use goods that are not the subject of the contract;

Note! When using a trademark in this case, it is mandatory to indicate the words “or equivalent”. The exception is cases when spare parts and consumables are purchased for equipment or machines that are already in use by the customer, as well as when it is required to ensure the compatibility of existing goods with newly purchased ones.

  • specifications, plans, sketches, testing, photos, drawings, work results, etc.

You can download an example of the description of the procurement object at the end of the article.

Note! For standardization in the field of description of the object of procurement under 44-FZ, in 2017 the Catalog of Goods, Works and Services was developed to meet state and municipal needs. This catalog is hosted in the EIS. The catalog is intended, among other things, for a uniform description of the procurement object. On October 7, 2017, the official website of public procurement posted news about the formation of the catalog, and it was also noted that the possibility of using this catalog by customers directly when generating information and documents in the EIS, customers will be notified additionally.

What data should not be included in the description of the procurement object?

The rules for describing the object of procurement under 44-FZ do not allow the inclusion in this description of indications of:

  • trademarks;
  • service marks;
  • trade names;
  • patents;
  • useful models;
  • industrial samples;
  • place of origin of the goods;
  • manufacturer's name;
  • other requirements for the procurement object, if such requirements lead to a limitation in the number of procurement participants. Exception - the customer does not have another way that would allow him to more accurately and clearly describe the requirements for the procurement object.

It will also be a mistake if the following requirements are reflected in the procurement documentation:

  • to the manufacturer of the goods;
  • to the procurement participant;
  • to the business reputation of the procurement participant;
  • to the availability of production facilities, labor and financial resources, technological equipment from the procurement participant necessary to fulfill obligations under the contract. An exception is cases where the Law on the contract system allows the establishment of such requirements.

FAS opinion on the purchase of baby food

The antimonopoly agency pointed out that often, when forming procurement documentation, customers make large lots - both in terms of the range and the number of purchased goods. However, most baby food suppliers are not able to supply such a quantity of goods that would fully comply with the terms of reference. And most of the suppliers can supply part of the requested product.

Considering the above, the FAS concluded that in order to maintain competition, it is advisable for customers to divide large lots into several. In this case, the number of potential bidders will increase. Also, direct manufacturers of baby food products will have the opportunity to directly participate in the purchase (Methodological recommendations of the Federal Antimonopoly Service of Russia for the constituent entities of the Russian Federation on organizing the procurement of baby food products).

How to avoid mistakes when conducting purchases under 44-FZ?

To do this, it is convenient to use the free version of the program "Economy-Expert". In it, you can create and check for errors a schedule and a procurement plan, prepare a procurement report from the SMP, calculate the NMCC and much more. Details about the program.

Judicial practice on the requirements for the description of the procurement object

Often, customers have to prove in court the objectivity of the description of the procurement object, its compliance with the requirements of the law. Let's consider several examples when the court confirmed the correctness of the customer, as well as examples of the description of the procurement object, where the courts pointed to violations.

Examples from judicial practice with errors in the description of the procurement object

Example 1 The children's city hospital carried out the purchase of children's cereals. The Antimonopoly Office issued an order to the customer to eliminate violations due to the fact that the description of the procurement object limited the number of participants, or rather, it was worded in such a way that cereals from only one manufacturer were suitable for it.

The antimonopoly authority noted that the customer illegally reduced the maximum values ​​of the vitamin and mineral composition of the goods, which is established by the Unified Sanitary, Epidemiological and Hygienic Requirements for Products. Which, in turn, led to a narrowing of the circle of procurement participants. The court found that the requirements of the terms of reference corresponded to the porridge of only three manufacturers. While porridges of 4 more producers did not correspond to individual indicators. At the same time, the initial maximum price was formed in such a way that it was possible to offer porridge from only one manufacturer for delivery.

Given these circumstances, the court noted that the characteristics indicated by the customer were not aimed at determining the object of the procurement to be supplied to its needs, but at purchasing goods from a specific manufacturer.

The court took into account the fact that the customer was unable to substantiate the need to reduce the maximum values ​​of vitamin and mineral cereals, which are established in the Uniform Sanitary Requirements (Resolution of the Arbitration Court of the East Siberian District of September 20, 2016 in case No. A58-5295 / 2015).

Example 2 The customer purchased medicines, while specifying in the procurement documentation the requirements for the form of tablets, the method of their division, and packaging. At the same time, the court noted that these characteristics do not relate to the pharmacological properties of drugs, nor are they related to their therapeutic effectiveness. It was also revealed that the medicinal product of only one manufacturer meets these requirements. In the actions of the customer, violations of the norms of the Law on the contract system were revealed (Review of judicial practice in the application of the legislation of the Russian Federation on the contract system, approved by the Presidium of the Supreme Court of the Russian Federation of 06/28/2017).

Examples from judicial practice, when the courts confirmed the legality of the description of the procurement object

Example 1 The medical institution announced the purchase of a medicinal product. The documentation reflected the requirement for packaging - a bottle or other equivalent, which will ensure the tightness of the package after opening. The antimonopoly agency considered that such a requirement limits the number of procurement participants and issued an order to the customer.

The Supreme Court of the Russian Federation noted that in this case, the requirements for the supply of medicines in a vial made by the customer were due to the specifics of the purpose and method of its use. Namely, the opened ampoule will not make it possible to keep the medicine for the required time. Given this circumstance, the purchase of medicines in ampoules will lead to the fact that budget funds will be spent inefficiently.

The court also noted that several manufacturers were recorded that produce the necessary drug in vials, 7 companies participated in the purchase itself, which offered goods from two different manufacturers (Review of judicial practice in the application of the RF legislation on the contract system, approved by the Presidium of the RF Armed Forces dated June 28. 2017).

Example 2 The customer was purchasing surveillance cameras. The antimonopoly body revealed a violation in the description of the procurement object - the absence of specific indicators. The agency considered it a violation to indicate the following phrases of the customer in the product description (highlighted in italics): “the CCTV camera must be supplied complete with a sun visor and a bracket with through cable routing, which protects the cable from mechanical damage and atmospheric precipitation; the camera must be vandal-proof and have a housing of a reinforced class of reliability, which allows it to be used at turbulent objects, where there is not only an adverse effect of the environment, but also the so-called human factor.”

The court noted that such phrases of the purchaser cannot be defined as specific indicators of the object of the procurement, because they describe the purpose of the goods. At the same time, the court decision noted that the mere use of such phrases that explain the need for the previously noted product characteristics (sun visor, bracket, anti-vandal function, enhanced reliability class case), in the section “Product Characteristics” does not give grounds for attribute them to the characteristics of the product. The court noted that the controversial phrases were in the nature of explanations, and not requirements for the indicators of the procurement object (Resolution of the Arbitration Court of the Volga-Vyatka District of February 16, 2017 in case No. A17-4579 / 2016).

Example 3 The preschool institution carried out the purchase of works on the overhaul of heating. The fault of the DOW was the absence of the name of GOSTs in the description of the procurement object, which the goods used in the work must comply with. At the same time, the court pointed out that, in itself, an indication of the need for the goods used in the work to comply with the requirements of GOST, without specifying which GOST, cannot be regarded as a violation, since procurement participants can independently familiarize themselves with the requirements of state standards and compare GOST for the product (Resolution of the Arbitration Court of the Moscow District of August 16, 2017 in case No. A40-172144/2016).

Application:

  • Civil Code of the Russian Federation (Art. 447-449, Art. 506, 528, Chapter 11, etc.)
  • Federal Law of the Russian Federation "On Protection of Competition" dated July 26, 2006 No. 135-FZ.
  • Federal Law of the Russian Federation of July 18, 2011 No. 223-FZ “On Procurement of Goods, Works, Services by Certain Types of Legal Entities”
  • Federal Law of the Russian Federation No. 44-FZ dated 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs (since 01.01.2014)

When forming the terms of reference by the customer, namely, when specifying individual characteristics of the purchased goods, works and services, procurement organizers must remember to limit competition.

According to 223-FZ, the customer has the right to prescribe what he needs, taking into account all the nuances of the subject of the purchase. Things are different according to 44-FZ, namely: when working on this NPA, the FAS has a strong influence, especially part 1 of Art. 17 135-FZ:

When conducting an auction, a request for quotations for goods (hereinafter - a request for quotations), a request for proposals, actions that lead or may lead to the prevention, restriction or elimination of competition, including:

  1. coordination by the organizers (...) and (or) customers with the participants of these auctions, if such agreements are intended or lead or may lead to restriction of competition and (or) creation of preferential conditions for any participants, unless otherwise provided by the legislation of the Russian Federation.
  2. creation of a participant (...) or several bidders, a request for quotations, a request for proposals of preferential conditions for participation in the auction, a request for quotations, a request for proposals, including through access to information, unless otherwise provided by federal law;
  3. violation of the procedure for determining the winner or winners (…);
  4. participation of the organizers of the auction, request for quotations, request for proposals or customers and (or) employees of the organizers or employees of customers in (…)

When the customer specifies certain nuances of the subject of procurement, the antimonopoly authority may receive complaints from the participants in the procurement procedure regarding the stated requirements of the procurement organizer (any (legal individual) person can complain). In this case, the customer should always be able to argue in connection with what and why he prescribed certain conditions in the TOR. However, it must always be remembered that any specification of certain characteristics of the purchased goods, works, services always leads to a restriction of competition.

Some customers, for one reason or another (in particular, in order to save time), carry out multi-lot procedures for goods, works, services that are not functionally related to each other, which, of course, is unacceptable in accordance with Part 3 of Art. 17 135-FZ:

Along with the established parts 1 and 2 of Art. 17 prohibitions during (...) in the case of procurement of goods, works, services to meet state and municipal needs, it is prohibited to restrict competition between participants (...) by including in the lots of goods, works, services that are technologically and functionally not related to goods, works, services, supplies, performance, the provision of which are the subject (…)

Strictly according to 135-FZ, this part applies only to the state order, however, procurement participants file complaints with the antimonopoly authority when purchasing in accordance with 223-FZ. The named NPA states that the FAS is obliged to consider complaints under 223-FZ, as well as complaints on procurement in accordance with 44-FZ.

In fact, in the state order there is no lotting of purchases, as well as complex procurement items (“bureaucrat's set”).

The documentation consists of three sections:

  • game rules: description of the application process; N(M) CC
  • terms of reference: description of the subject of procurement - technical characteristics, consumer properties, etc.
  • draft state contract: description of delivery conditions, penalties, etc.

There is also another document that needs to be drawn up by customers and which is mentioned in Art. 18 44-FZ, namely: justification (Decree of the Government of the Russian Federation dated 05.06.2015 No. 555 “On establishing the procedure for justifying the purchase of goods, works and services to meet state and municipal needs and the forms of such justification”, entered into force on 01.01.2016 of the year).

The rationale for the purchase is carried out by the customer when forming the procurement plan, schedule and consists in establishing the compliance of the planned procurement with the objectives of the procurement, determined taking into account the provisions of Art. 13 44-FZ (including decisions, instructions, instructions of the President of the Russian Federation, decisions, instructions of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation, decisions, instructions of the highest executive bodies of state power of the constituent entities of the Russian Federation, municipal legal acts), as well as the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement.

When forming a procurement plan, the object and (or) objects of procurement are subject to justification based on the need to realize the specific purpose of the procurement, determined taking into account the provisions of Art. 13 44-FZ, and established in accordance with Art. 19 44-FZ of requirements for goods, work, services purchased by the customer (including the marginal price of goods, work, services) and (or) standard costs for ensuring the functions of state bodies, management bodies of state extra-budgetary funds, municipal bodies.

When forming a schedule, the following are subject to justification:

  1. initial (maximum) contract price, contract price in the manner prescribed by Art. 22 44-FZ;
  2. method of determining the supplier (contractor, performer) in accordance with Ch. 3 44-FZ, including additional requirements for procurement participants.

Substantiation is especially necessary when considering complaints by the antimonopoly authority. The customer is obliged to justify why this particular product (work or service) should be purchased, and not any other. Justification from 01/01/2017 is required to be placed in the EIS.

The justification consists of two parts: what is posted in the EIS, which the participant can familiarize with and challenge it, and internal justification.

Purchases of 223-FZ and 44-FZ (in terms of trademarks, etc.):

44-FZ 223-FZ

Each purchase must be justified (within the procurement plan and schedule) Each purchase does not need to be justified (but preferably for the antimonopoly service) The customer must indicate in the UIS already at the planning stage why he buys this product (work or service) Justification (why only this product (work or service) does not need to be published in the EIS

The description of the procurement object should not contain trademarks (the indication of trademarks in the terms of reference must be justified) The description of the procurement object may contain trademarks (it is not required to justify trademarks in the terms of reference)

The customer is obliged to operate only with technical characteristics (etc.) when preparing the TOR The customer can indicate trademarks when preparing the TOR, for example, as a standard (example)

Additional legal acts for the purchase of goods, works, services:

  • Civil Code of the Russian Federation
  • Budget Code of the Russian Federation
  • Urban Planning Code of the Russian Federation
  • Federal Law No. 184-FZ of December 27, 2002 "On Technical Regulation"
  • Federal Law No. 169-FZ of November 17, 1995 “On Architectural Activities in the Russian Federation”
  • Decree of the Government of the Russian Federation of July 7, 1999 No. 766 “On approval of the list of products subject to declaration of conformity, the procedure for accepting a declaration of conformity and its registration”
  • Decree of the Government of the Russian Federation of May 18, 2015 No. 476 “On approval of general requirements for the procedure for the development and adoption of legal acts on regulation in the field of procurement, the content of these acts and ensuring their implementation”
  • Order of the Ministry of Economic Development of March 24, 2014 No. 155
  • Decree of the Government of the Russian Federation of September 2, 2015 No. 926 “On approval of the general rules for determining requirements for certain types of goods, works, services purchased by customers (including marginal prices for goods, works, services)”
  • Decree of the Government of the Russian Federation of 01.12.2009 No. 982 "On approval of a unified list of products subject to mandatory certification, and a unified list of products, confirmation of conformity of which is carried out in the form of a declaration of conformity"
  • Decree of the Gosstroy of the Russian Federation of 05.03. 2004 No. 15/1 "On approval and implementation of the methodology for determining the cost of construction products in the territory of the Russian Federation"
  • and etc.

Thus, the more complex the object of the forthcoming procurement procedure, the more additional regulatory legal acts that customers need to use and take into account when preparing the terms of reference. Otherwise, the procurement organizer will not receive the required goods (works, services) as a result of the procedure. Before preparing procurement documentation and terms of reference, the customer must always take into account all changes and novelties in the current legislation in the field of procurement in order to avoid further problems in the implementation of the procurement procedure.

Principles and main provisions of the procurement of goods, works, services

The Government of the Russian Federation has the right to establish the priority of goods of Russian origin (...), in relation to goods originating from a foreign state, taking into account the customs legislation of the Customs Union and international treaties of the Russian Federation, as well as the specifics of participation in the procurement of small and medium-sized businesses (Decree of the Government of the Russian Federation of 30.11. 2015 No. 1289). (CT-1 for medicines).

Application of the national regime in procurement (Article 14 44-FZ) (since 01/01/2014)

In order to protect the foundations of the constitutional order, ensure the defense of the country and the security of the state, protect the domestic market of the Russian Federation, develop the national economy, and support Russian commodity producers, the regulatory legal acts of the Government of the Russian Federation establish a ban on the admission of goods originating from foreign states, works, services, respectively, performed, rendered by foreign persons, and restrictions on the admission of these goods, works, services for the purposes of procurement.

If the specified regulatory legal acts of the Government of the Russian Federation provide for circumstances that allow exceptions to the prohibition or restrictions established in accordance with this part, customers, in the presence of these circumstances, are obliged to place in the unified information system a justification for the impossibility of complying with the specified prohibition or restrictions. The procedure for preparing and posting a justification for the impossibility of complying with the said prohibition or restrictions in the unified information system, as well as the requirements for its content, are established by the Government of the Russian Federation. Determination of the country of origin of these goods is carried out in accordance with the legislation of the Russian Federation.

If it is necessary to purchase goods, works, services from the list from a foreign state, the customer must prove the impossibility of complying with the ban and place it in the EIS.

Decree of the Government of the Russian Federation of December 24, 2013 No. 1224 (defense industry)

Decree of the Government of the Russian Federation of July 14, 2014 No. 656 (engineering)

Decree of the Government of the Russian Federation of August 11, 2014 No. 791 (light industry)

Decree of the Government of the Russian Federation of February 5, 2015 No. 102 (medical products)

Order of the Ministry of Economic Development of March 24, 2014 No. 155 (as amended by Order of the Ministry of Economic Development of November 13, 2015 No. 847) - pharmaceutical preparations; food, etc.)

Prohibition on the purchase of foreign software

Decree of the Government of the Russian Federation of November 16, 2015 No. 1236 “On establishing a ban on the admission of foreign software in procurement for state and municipal needs” from 01/01/2016 establishes a ban on the admission of software originating from foreign countries.

An exception to the prohibition will be cases where software with the necessary characteristics is not in the register of Russian programs or Russian software does not meet the requirements of the customer.

When executing a concluded contract, the subject of which is the supply of software and / or rights to it, the customer is not entitled to allow the replacement of Russian software, information about which is included in the register, with other software.

*As of October 16, 2016, there were about 2000 software in the register of the Ministry of Communications.

However, in Art. 14 44-FZ for customers there is a loophole, namely part 6 of the named article says that the regulatory legal acts provided for by parts 3 and 4 of this article and establishing restrictions, conditions for the admission of goods originating from foreign countries, works, services, respectively performed, provided by foreign persons, for the purposes of procurement, cases may be determined in which the customer, during the performance of the contract, is not entitled to allow the replacement of the goods or the country (countries) of origin of the goods in accordance with Part 7 of Article 95 of 44-FZ.

In the case of a customer purchasing computers or laptops, one should take into account the requirements not only for hardware, but also for the functional properties of the operating system that is installed on it.

Rationing in the field of procurement (Art. 19 44-FZ)

Regulation in the field of procurement is understood as the establishment of requirements for goods, works, services purchased by the customer (including the marginal price of goods, works, services) and (or) standard costs for ensuring the functions of state bodies, management bodies of state non-budgetary funds, municipal bodies (including respectively, territorial bodies and subordinate state institutions).

For the purposes of Art. 19 requirements for goods, works, services purchased by the customer are understood as requirements for the quantity, consumer properties (including quality characteristics) and other characteristics of goods, works, services that allow meeting state and municipal needs, but do not lead to the purchase of goods, works, services that have excessive consumer properties or are luxury goods in accordance with the legislation of the Russian Federation.

Normalization can be divided into 2 types:

Establishment of technical requirements for goods, works, services purchased by the customer (including the marginal price of GWS). This type of rationing applies to all customers and answers the question: “What can I buy?”

In other words, the permitted list for the purchase of goods, works, services.

For example, RF GD dated May 18, 2015 No. 476, RF GD dated September 2, 2015 No. 926.

There are federal and regional regulations.

Determination of standard costs for ensuring the functions of state. Bodies, management bodies of state non-budgetary funds, municipal bodies (including, respectively, territorial bodies and subordinate state institutions). This type of rationing applies only to state bodies, management bodies of state non-budgetary funds, municipal bodies, their territorial bodies and subordinate state institutions and answers the question: “How much can I spend on a purchase?”

In other words, the permitted threshold value (by price) for which amount you can purchase.

Methods for placing state and municipal orders (Art. 24, 44-FZ) for "simple" goods

  • By bidding:
  1. Competition (open competition, limited participation competition, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition)
  2. Auction (open, closed, electronic auction)
  3. Without bidding:
  • Request for proposals
  • From a single supplier (executor, contractor)
  • Request for quotations (including requests for quotations in order to provide humanitarian assistance or eliminate the consequences of emergencies)
  • "100-, 400-thousanders"

    • No special requirements for VPP:

    • Electronic auction
    • Quote request
    • "100-, 400-thousanders" (as a rule, there is no TK)

    Listener questions:

    How to properly describe GWS in the schedule for electricity, heat, water, telephone services, maintenance of common property and repair of an apartment building?

    The schedule often indicates: "technical and other characteristics are indicated in the terms of reference". Currently, no one is punished for this, because the column "requirements for GUT" does not clearly indicate that there should be a description of all requirements. With regard to GWS, in the named column, it is necessary to indicate compliance with those legal acts that regulate, for example, activities in the field of water supply. It should be remembered that the procurement plan is a procurement strategy (something when to buy), and the schedule is a tactic (what exactly and in what period).

    How to describe an audit in a plan?

    In fact, an audit under 44-FZ (it is prescribed under 223-FZ as one of the exceptional cases, and the Federal Law on Audit states that these services must be carried out as part of a state order). If the customer conducts an audit purchase by holding an auction, then, most likely, the result will be negative, since the customer will not be able to prescribe anything in the terms of reference for the purchased service. The requirements for the audit service concern more people who will provide these services. Therefore, if the customer is faced with the task of purchasing an audit, he should hold a tender (accordingly, it will be necessary to use not only the technical assignment record, but the requirements for the service provided and for the participants, with subsequent scoring)

    How to justify in the plan - schedule of the NMCC for electricity supply (unregulated tariff)?

    The concept of "justification" should not be understood in such a way that the customer has to prepare a bunch of papers. Sometimes it can be quite short. For example: "the power supply of our enterprise occurs in accordance with ... (indicate the normative act)". When filing complaints, requests for clarifications (including from the supervisory authority) why such an NMCC was established, it is worth remembering Art. 22 (about tariffs), as well as about the regulatory document (they are different in different regions). Sometimes it is more difficult to describe the subject of procurement itself than to justify it (in accordance, for example, with a certain regulatory document).

    Do I need to make a justification for the purchase of up to 100 thousand rubles?

    Article 44-FZ does not require justification for purchases up to 100 thousand rubles. However, customers should be aware that in the event of an audit, regulatory authorities may have questions about the rationale for such purchases. That is, according to the law - it is not required, but according to life practice - it is required.

    What are the key points in the formation of terms of reference for the purchase of training services?

    When purchasing services, certain difficulties arise, especially if they are purchased through an electronic auction. When purchasing services, it is enough for the participant to indicate: “I will provide services as it is written in your terms of reference”. Whatever the submitter does not indicate in the terms of reference, the participant in this situation will be right, because in the first parts of the applications, the customer does not have the right to demand anything from the applicant, except for a description of what exactly he offers. The customer can still ask something about the product from the participant (characteristics of the specific products supplied), but things are somewhat more complicated with services (if we just have an educational service and we cannot write requirements, for example, to OKATO, the participant can say that he will provide educational services by their own specialists). The draft contract must necessarily stipulate that when concluding and (or) executing it, the contractor is obliged to provide documents confirming the right of such a person to the relevant educational services. It is more convenient to purchase services through a tender, in which the customer has the opportunity to register his preferences (both in the TOR and in the requirements for the participant).

    Is it correct to indicate the place of delivery of gasoline, writing that “no further, such and such a km?”

    There is nothing wrong here, but it should be borne in mind that any specification (including the remoteness of gas stations) leads to a restriction of competition. The participant, if desired and disagrees, will be able to complain about such a requirement of the customer. When specifying any restrictions, it is necessary to correctly justify this, if necessary.

    How to register in the terms of reference for the purchase of new computers with a factory operating system?

    It must be indicated that not just a computer is being purchased, but a software and hardware complex, which must be ready for operation after its installation, commissioning and delivery to the customer.

    In this case, the subject matter of the procurement itself is complex. You should refer to the classification of technical tasks. As a rule, TK is divided into the following types (types) (principles for describing the procurement object):

    1. Detailed indication of all requirements for the procurement object. Most often used in the procurement of goods (PC, auto, paper, etc.)
    2. TK according to GOST. When preparing technical specifications for information systems, GOST is used to create technical specifications (for example, fuel).
    3. Descriptive TK. It is used if the customer either cannot formulate those. requirements, or he does not care how the issue will be resolved, or the object of procurement is a service.

    In the first case, the customer will indicate the characteristics of the computer (memory, motherboard, processor, operating system). The customer has the right to set the warranty period.

    The main thing for the customer is that the purchased goods work normally, do not hang, fulfill their functional properties.

    Regardless of how exactly the subject of the procurement will be described, the customer, in order to protect himself, should indicate, for example, that:

    • a personal computer is necessary to provide an educational, medical or work (office) process; a personal computer must be compatible with previously installed equipment
    • the operating system of a personal computer must be fully compatible with already installed systems, be able to be serviced, etc.
    • those programs that are installed on a personal computer (after installation and commissioning) should allow the customer's employee to begin performing the functional duties.

    What should I do if a participant refuses to conclude a contract through an electronic auction, referring to the impossibility of delivering goods at such a low price?

    Such a participant must be recognized as having evaded the conclusion of a contract and, through the OFAS, be included in the RNP. After that, a new procedure should be started, since there is no second place in the electronic auction, there is only a winner.

    What if there is no GOST when drawing up a technical assignment, for example, stationery?

    If there is no description of the goods in GOSTs, OSTs, TUs and other regulations, then the customer describes the characteristics and functional properties of the goods that he needs to buy.

    Will it be a restriction of competition for suppliers if the customer in the terms of reference for the purchase of residential premises indicates specific requirements for its decoration, namely the ceiling?

    Any specific requirements are a restriction of competition. However, the customer must in any case have a justification why he specified such characteristics. It is possible that the procurement procedure with the established requirements will be successful, the customer will acquire the necessary premises, however, it is also possible that the participants may complain about the actions of the procurement organizer, considering that his requirements limit competition. In any case, the customer, if necessary, should be able to explain to the antimonopoly body why he is interested, for example, only in the painted ceiling of the room.

    How to draw up a technical task for car repair if you don’t know what exactly will break?

    Today, many regulatory authorities and OFAS prohibit (disapprove) customers from making purchases for future use. In their opinion, the purchase of car repair services is an inappropriate waste of money, since the customer can use the locksmiths and mechanics available in his state who can provide the necessary services (all you need to do is purchase the necessary spare parts). In principle, it is possible to purchase for the future for maintenance of the fleet. To do this, the customer needs to determine which service standards this or that car falls under. If its requirements are the same as those of a domestic car (each manufacturer specifies, for example, when it is necessary to change the oil), then it should be indicated that the car will be serviced in such and such places in the event of a breakdown, or the customer fixes this in the list and prescribes in the contract its value. Another option is also possible, when the customer will separately conduct purchases.

    Preparation of terms of reference

    Where does the preparation of TOR begin?

    There are so-called functional customer requirements that degenerate into purchase requisitions. These are the functional needs of the customer, stated in their own words. The ideal option is when there is a ready-made technical task drawn up by a functional customer. There is no normative document that would say how to correctly draw up a technical task for a functional customer. The TOR that is formed by the contract manager (or together with the functional customer) contains requirements for the participant, for example, standard and, if necessary, additional. As a rule, the terms of payment are not prescribed in the TOR (but this is allowed), they are indicated in the draft contract. At their core, the TOR and the draft contract are two different documents, but they are directly related to each other.

    TK - “what do I want to buy?”, Draft contract - “how will it be executed?”

    Often procurement participants do not read the draft contract. Therefore, they often have difficulties in its implementation. If it is impossible to fulfill the obligations under the contract, information about such participants is sent to the RNP. In order to avoid such situations, customers are recommended to add important conditions for the execution of the contract in the TOR. It should also be remembered that for an unreasonable change in the contract (including for changing the object of procurement) there is a fine in the Code of Administrative Offenses of the Russian Federation.

    • the principle of certainty provides for the presence of clear requirements for the quality and functional characteristics of the goods supplied in the TOR. The CPP according to the TOR must unambiguously identify the subject of the purchase and, as a result of the execution of the contract, fully satisfy the customer's need for goods.
    • the principle of reasonableness of specification of requirements implies that when describing the subject of procurement, it is based on the level of the actual needs of the customer. The requirements for the subject of the purchase must clearly meet the needs of the customer based on the direct purpose of the goods. Detailing the requirements for the subject of the purchase beyond the necessity leads to an increase in the cost of the purchase, a decrease in the CPL (restriction of competition), and increases the likelihood of non-purchase. Conversely, the lack of proper detailing can lead to forced purchase of cheap, poor quality, used, etc. goods.

    To date, there are no regulatory legal acts that regulate the preparation of technical specifications for “simple goods”. There are many GOSTs, but they are not regulatory legal acts (not enshrined in law), like the Town Planning Code of the Russian Federation, for example. It is desirable to use GOSTs for customers as a document that prescribes certain characteristics. There is no GOST that would regulate and describe the procedure for compiling technical specifications for “simple goods”.

    "Balance" of the task in the formation of TOR:

    When forming the TOR, the customer needs to establish such requirements (in accordance with the entire regulatory framework of the Russian Federation) for GWS in order to purchase a certain high-quality (necessary) product (work or service). However, it must not restrict competition by imposing excessive requirements.

    The principle of ensuring competition (art. 10)

    When planning and making purchases, customers should proceed from the priority of providing state. and municipal needs through the purchase of innovative and high-tech products. Order of the Ministry of Industry and Trade of the Russian Federation No. 1618 dated November 1, 2012 approved the criteria for classifying goods, works, services as innovative and (or) high-tech products. Innovation and high technology are established by the customer.

    (only for purchases under 223-FZ)

    The principle of describing the object of procurement (part 1 of article 33)

    The description of the object of procurement must be objective. The description of the procurement object shall indicate:

    • functional
    • technical and quality characteristics
    • operational characteristics of the procurement object (if necessary)

    That is, the customer has the right to write TK in a professional language, indicating the necessary terms.

    The description of the object of procurement shall not include requirements or instructions regarding:

    • trademarks
    • service marks
    • brand names
    • patents
    • utility models
    • industrial designs
    • the name of the place of origin of the goods or the name of the manufacturer

    As well as the requirements for goods, information, works, services, provided that such requirements entail a limitation on the quality of the CPP, unless there is no other way that provides a more accurate and clear description of the characteristics of the procurement object.

    The procurement documentation may contain an indication of trademarks if, in the performance of work, the provision of services, it is supposed to use goods, the supply of which is not the subject of the contract. At the same time, a prerequisite is the inclusion of the words “or equivalent” in the description of the object of procurement, except for cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of procurement of spare parts and consumables to the machines and equipment used by the customer, in accordance with the technical documentation for the specified machines and equipment.

    The use of indicators, requirements, symbols and terminology regarding the technical characteristics, functional characteristics (consumer properties) of goods, work, services and quality characteristics of the procurement object, which are provided for by technical regulations adopted in accordance with the legislation of the Russian Federation on technical regulation, when compiling a description of the procurement object , documents developed and applied in the national standardization system, adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to determining the conformity of the supplied goods, work performed, services provided to the needs of the customer. If the customer, when drawing up the description of the procurement object, does not use the indicators, requirements, symbols and terminology established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization, the procurement documentation must contain a justification for the need to use other indicators, requirements, symbols and terminology .

    In other words, if it is possible to refer to any standard, this must be used by the customer when drawing up the TOR.

    When preparing the TOR, it is necessary to clearly understand what the procurement object will be used for, and, based on this, the customer needs to study the relevant legal acts when drawing up the TOR for “simple” goods (for example, writing paper and printing paper).

    Terms of reference for goods and requirements for the CPP

    As part of public procurement, 44-FZ defines the final list of requirements that can be presented to the CPP. It is forbidden to specify additional requirements for the CPP, since there is a risk of receiving a complaint to the Federal Antimonopoly Service (part 3 of article 33) (for example, the presence of a warehouse). There is no such prohibition in 223-FZ.

    Rules for describing the object of procurement (Part 3, Article 33)

    It is not allowed to include in the procurement documentation (including in the form of requirements for quality, technical characteristics of goods, work or services, requirements for functional characteristics (consumer properties) of goods) requirements for the manufacturer of the goods, for the procurement participant (including requirements for qualification procurement participant, including work experience), as well as requirements for the business reputation of the procurement participant, requirements for the availability of production facilities, technological equipment, labor, financial and other resources necessary for the production of goods, the supply of which is the subject of the contract, to perform work or the provision of services that are the subject of the contract, unless the possibility of establishing such requirements for the procurement participant is provided for by 44-FZ. There is such a requirement now for medicines - this is ST-1. Suppliers of domestic goods must provide ST-1 in the second part of the application. Customers not finding this document should act accordingly.

    Indication N (M) of the Central Committee in the procurement (TOR)

    In accordance with 44-FZ, there is no requirement to indicate the Central Committee in the ToR N (M). According to the established practice under 223-FZ, customers often prescribe contracts in the TOR of the NMC.

    Methods for determining N (M) of the Central Committee (Art. 22 44-FZ)

    The initial (maximum) contract price and, in the cases provided for by 44-FZ, the price of a contract concluded with a single supplier (contractor, performer) are determined and justified by the customer using the following method or several of the following methods:

    1. method of comparable market prices (market analysis) (purchase of "simple" goods)

      2. The method of comparable market prices (market analysis) is to establish the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer), based on information about market prices of identical goods, works, services planned for procurement, or when their absence of homogeneous goods, works, services.

      Identical goods, works, services are recognized as goods, works, services that have the same basic features characteristic of them. When determining the identity of goods, slight differences in the appearance of such goods may not be taken into account.

      Homogeneous goods are recognized as goods that, while not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions and (or) be commercially interchangeable. When determining the homogeneity of goods, their quality, reputation in the market, country of origin are taken into account.

    2. normative method;
    3. tariff method;
    4. design estimate method;
    5. costly method.

    In the TOR, the customer should state that the delivered product must be a new product (goods that were not in use, under repair, including those that were not restored, whose components were not replaced, consumer properties were not restored) (p 7. part 1 article 33 44-FZ). Experienced customers indicate (duplicate what is in the draft contract) in the TOR (in addition to the properties of the goods) also the conditions for its delivery, for example:

    “All goods must be supplied in batches at the request of the customer during the term of the contract and the total quantity of goods specified in the specification. The application is made in writing, by hand, or sent by facsimile or by e-mail to the numbers and addresses specified in the contract. Also, the application can be made orally by telephone. The delivery time cannot exceed 10 working days from the date of receipt by the Supplier of the application from the Customer”, etc.

    Art. 33 44-FZ does not oblige the customer to write the terms of delivery in the statement of work.

    In the event that the customer provides for many items in the purchase (without division into lots) and one of them is regulated by separate legal acts, then most likely, if the participant files a complaint with the FAS, it will be recognized as justified (restriction of competition).

    According to the FAS, if the customer writes a requirement that the procurement participant must submit an application with a description of the goods corresponding to a certain GOST, then the GOST numbers and other details of the procurement organizer must be indicated in the TOR.

    Questions from listeners

    Is it necessary to take excerpts from GOST when compiling the TOR, or is it enough to indicate only the GOST number?

    It is preferable to indicate the corresponding GOST number and the necessary characteristics of the goods.

    If you register in the TK for cap. repair of equipment, that the cost of work should not exceed 10% of the cost of spare parts, will this be a restriction of competition?

    Yes, it will. However, it is important to properly substantiate this requirement. Perhaps there is some regulation that limits the cost of overhaul.

    What requirements for materials (brand “or equivalent”) should be indicated in the TOR for the performance of work?

    As a matter of practice, customers refrain from labeling "or equivalent" even when work is being done on their materials. In this case, the material is not the subject of procurement, but from the point of view of restricting competition, the indication of the brand “or equivalent” will most likely be considered inadmissible by the antimonopoly authority.

    What characteristics are necessary and sufficient to take from GOSTs, OSTs, SanPiNs?

    When specifying a product in the TOR, the customer must prescribe its characteristics, while referring to GOSTs, OSTs, SanPiNs (according to which they are installed). Characteristics depend on the specific product that the customer purchases.

    Is it possible to refer to specifications when describing the object of procurement? If there is no GOST, then what will be the rationale for the purchase?

    Specifications - technical conditions that are established by a particular manufacturer and these specifications may differ from each other. It is not necessary to prescribe that only compliance with a specific specification. It is better to indicate the characteristics of interest and make a reference to the TU (for example, in accordance with TU No. ... or another TU No. ...).

    We are taught to indicate in the TOR only those requirements that we can check upon acceptance of the goods. A lot of superfluous is written in GOSTs. Is it really necessary to write it all down?

    The customer independently decides what characteristics he needs in a particular purchase. 44-FZ does not say that it is necessary to indicate only those requirements that you can check (these are recommendations from regulatory authorities).

    If in the TOR of the request for quotations for cleaning products, the participant indicates GOST with a different number (but also a cleaning agent) and if they are compared, then there are no differences.

    Will such an application be rejected?

    It is unlikely, since the requirements of such a GOST meet the requirements of the customer.

    The name of the product and the unit of measure must comply with the word-for-word contract or can they differ? For example, in the contract - "packing", and in the waybill - "box"?

    If it is indicated in what form and how the goods should be delivered (the minimum lot is a package, that is, it is less than a box), then the invoice must indicate how many packages are in the box. If the minimum lot is one box and the goods are delivered in boxes, then there are no problems. If inside the TK there is a calculation for packages, then it should be written how the goods will be delivered (for example, in boxes). In this case, both the terms of reference and the contract must indicate how the delivery takes place.

    How to draw up a technical specification for a complex product? With specification of the technical standard?

    For a complex product, you need to prescribe everything that the customer needs. Otherwise, there is a chance that you will not get what you want.

    Article rating:
    1 star2 stars3 stars4 stars5 stars(No ratings yet)
    Loading...
    To share with friends:
    Similar posts