44 FZ less. Actual changes in the contract system for procurement participants. Methods for procurement

Date: 05/29/2019

Once again, changes in the Federal Law dated April 04, 2013 No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs" (hereinafter also also law). Changes made by federal law of 01.05.2019 No. 71-FZ and a number of other regulatory acts. Consider key changes in the contract law on the procurement participants.

From 01.05.2019 Customers are obliged to buy services for the organization of recreation and recovery of children with contests with limited participation in electronic form. And therefore, the procedure for participation in this procurement for procurement participants is changing. With participation in procurement, applicants confirm the experience of execution (taking into account the succession) of contracts (contracts) for the provision of recreation services for children and their improvement over the past three years before the date of application for participation in procurement. At the same time, the cost of a previously executed contract (contract) is at least 20 percent of the initial (maximum) price of the current contract, contract (lot price). In confirmation, the procurement participant must submit a copy (copies) of the previously executed contract (contracts) and (or) of the contract (contracts) concluded by the procurement participant with the Customer for 44-FZ or 223-FZ, as well as submit documents confirming the execution These contracts and (or) contracts without applying to the Contractor to the Contractor (fines, penalties) (paragraph 9 of Appendix No. 2 to the Government Decree of 04.02.2015 No. 99).

From 05/12/2019 The following changes come into force.

For each day of the delay in the execution of the contract by the supplier (by the Contractor, Contractor), the Customer charges penalties. Earlier in the previous version of the law, the Customer had the opportunity to establish a penalty in the amount, a larger one three hundred key bet. Now the size of the penalty is fixed - one three-way key rate from the value of the obligations uncriminated by the supplier (performer, contractor). Penalty is charged for each day of delay in the fulfillment of the obligation provided for by the contract, starting from the day next after the expiration date of the obligation established by the contract. Such a penalty is established by a contract in the amount of one three hundred of the key rates of the Central Bank of the Russian Federation from the amount not paid within the amount of the amount. With a different procedure for calculating fines or penalties established by law, special norms apply. For example, when calculating the penalty in the contract for the supply of hot or cold water supply, penalties are prescribed according to Part 6.2 of Article 13 of the Federal Law No. 416-FZ "On Water Supply and Water Control". Penalty is set in the amount of one stroital refinancing rate of the Central Bank of the Russian Federation, operating on the day of actual payment, from the amount not paid on time for each day of delay since the next day after the day of the established payment time on the day of actual payment.

The term of payment by the customer of the delivered goods, made of work (its results) provided by the service provider (by the Contractor, Contractor), individual stages of the contract execution, is no more than thirty days from the date of signing by the Customer of the Acceptance Document. And when procurement of small business entities or socially oriented non-Profit Organizations (Next SMP and Sono) - fifteen working days from the date of signing an acceptance act. Another payment period can be established by the legislation of the Russian Federation, for example, in order to ensure the defense and security of the state, as well as in a number of other cases established by the Government of the Russian Federation.

For the procurement participant, the term of appealing of the Customer's actions, an authorized body, a specialized organization, an electronic platform operator, a procurement commission, when submitting a complaint to the federal executive body, authorized to monitor the procurement control (hereinafter referred to as the FAS). Part 3 of Article 105 of the Law determined a five-day term for appeal against actions from the date of placement in one information system (hereinafter referred to as EIS) Protocol for reviewing and evaluating applications for participation in the competition, reporting and evaluation of applications for participation in the request for quotations, proposal request protocol, and in the case of a supplier (contractor, performer) in the case of a supplier (contractor, performer) with a closed way from the date of signing the relevant protocol. At the same time, any participant in procurement is entitled to appeal against the provisions of the purchase or notice of procurement, and after publishing the final protocols, only a participant applied for participation in procurement. Regarding electronic procedures, part 4 of Article 105 establishes the same five-day term for the appeal of the Customer's actions, an authorized body, an authorized institution, a specialized organization, the commission for the implementation of procurement, its members, the official of the contract service, the contract manager, the electronic platform operator, the operator of the specialized electronic platform . Previously, such a term of appeal on the basis of any procurement was 10 days.

The term of consideration and verification of the FAS received information about the supplier (artist, contractor) was reduced to introduce unfair suppliers (hereinafter referred to as the RNP) from the Customer, it is reduced to five working days from the date of receipt of information. In the previous editorial board, the term was 10 working days. Recall that according to the law, the Customer is obliged to submit information about the participant in the procurement in the register of unscrupulous suppliers when evasion of the procurement participant from the conclusion of the contract when signing it by the winner of the procurement; When the contract is terminated due to the unilateral refusal of the Customer from the execution of the contract due to significant violations by the provider of contract conditions or in the event of termination of the contract with the supplier (contractor, the contractor) by a court decision due to significant violations of the terms of the contract.

From 01.07.2019 A complaint filed by the participant, information about which is included in the register of unscrupulous suppliers, the FAS will not be considered. At the same time, the condition should be followed that the Customer in procurement was established in the documentation on the procurement and notice of the procurement requirement of the absence of a procurement participant in the RNP.

To confirm the qualifications in the procurement of certain types of goods, works, services on the electronic platform, with respect to the participants of which the Government of the Russian Federation has established additional requirements, an accredited procurement participant must send an electronic platform to the operator (hereinafter referred to as the EP operator) electronic documents For each procurement object, for which the government has established such requirements. Here we are talking about procurement specified in Part 2 and 2.1 of Article 31 of the Law, for example, services for the organization of summer recovery, or audit and consulting services. This will benefit in procurement with additional requirements. Within five working days after receiving documents, the EP operator for each type of product decides on the placement of documents in the register of participants. The EP operator refuses to place documents if the procurement participant presented not all documents that determined the government or provided documents with violations.

Another novel in the law is the maintenance of registers of accredited procurement participants. Electronic platform operators will be placed on the electronic sites of the registers of accredited procurement participants. The registries include the following procurement participant:

  1. name, corporate name (if available), if the procurement participant is entity;
  2. surname, first name, patronymic (if available), if the procurement participant is individual, including registered as individual entrepreneur;
  3. purchase participant taxpayer identification number;
  4. date of accreditation in the electronic platform;
  5. other information and documents.

The procurement participant registered with EIS and accredited on the electronic platform is entitled to participate in all electronic procedures carried out on the electronic platform. Registration of the procurement participant in EIS and the accreditation of a procurement participant on the electronic platform is carried out for a period of three years. Not earlier than six months before the date of the end of the registration period, the participant must be registered for a new term. Four months before the date of the deadline for registration in EIS, it is notified automatically by the system. At the same time, applying for participation in electronic procedures, the participant has the right three months before the date of the deadline for its registration in EIS.

Maintenance unified Registry Procurement participants are carried out by the federal executive body authorized by the Government of the Russian Federation.

Innovations regarding the electronic auction are essential and have long been needed. The size of the initial maximum contract price is increasing (hereinafter the NMCC) under the application period for seven calendar days. At the moment, NMCC is three million rubles, from July 1, the price threshold will be three hundred million rubles. That is, the largest purchases of customers will be much faster than before. When purchasing work on the construction, reconstruction, overhaul or demolition of the object of capital construction (testers for real estate), applications will be at least seven calendar days with NMCC worth up to two billion rubles.

If the customer in the procurement notice and in the procurement documentation has established additional requirements for procurement participants, only those procurement participants who have placed confirm documents in the register of participants will submit applications. At the same time, the operator sends these documents to the time established by law to the customer. Responsibilities Submit documents in the second part of the application from the participant.

The first part of the applications the customer will consider at least one, maximum three working days from the date of the deadline for submitting applications. The electronic auction will be held on the first working day after the end of the end of the consideration of the first parts of the applications. If the Customer cannot determine the amount of products supplied in the documentation and procurement notice, during the electronic auction, at the most trading, participants reduce the initial sum of the price of units of goods, work or services.

In the event that the contract price of the contract decreases to half the percentage of the NMCC or lower, this auction is carried out on the right to conclude a contract. At the same time, such an auction is carried out by increasing the price of the contract, taking into account the following features:

  1. such auction is carried out until the price of the contract is reached no more than one hundred million rubles;
  2. participant of such auction is not entitled to submit proposals for the price of the contract above the maximum amount of the transaction for this participant specified in the decision on approval or on the results of this auction of transactions on behalf of the procurement participant;
  3. the size of ensuring the execution of the contract is calculated on the basis of the NMCC, indicated in the notice of the auction;
  4. The "auction step" is up to 5 percent of the contract price specified in paragraph 1.

Also innovations will affect electronic auctions for execution construction work. When you turn on the customer in the description of the procurement object project documentationThe first part of the participant's application will contain only consent to work. Considering the first parts of the applications to the customer, the procurement commission in this case is not like a purchase stage. The participant who applied and the application for participation in the purchase of the EP operator is automatically allowed to trades, provided that such an application has not returned to the procurement participant. The auction passes 4 hours after the deadline for submission of applications for participation in procurement is completed. The second part of the applications received by the Customer, the procurement commission examines in the usual basis.

The changes also affected the size of providing applications for participation in the electronic auction. Providing applications is:

  1. from one second percent to one percent of the initial (maximum) contract price, if the size of the initial (maximum) contract price ranges from five million rubles to twenty million rubles;
  2. from one second percent to five percent of the initial (maximum) contract price, if the initial (maximum) contract price is more than twenty million rubles.

From 01.07.2019, participants will be able to provide an application for an electronic competition or auction bank guarantees (part 52 of article 112 of the Law).

In Article 37 of the law regarding anti-Dumping Mer. There was a price limitation.

more than fifteen million rubles And there was a decline in the price offered by the participant by twenty-five and more percent of the NMCC, the contract is only after providing such a member to ensure the execution of the contract, one and a half times more than the size of ensuring the execution of the contract specified in the documentation and notice of procurement, but not less than in the amount of advance ( If the contract provides for the payment of an advance).

If, when conducting a competition or auction, the initial (maximum) contract price is fifteen million rubles and less And there was a decline in the price offered by the participant by twenty-five and more percent of the NMCC, the contract is only after providing such a participant to ensure the execution of the contract by one and a half times more than ensuring the execution of the contract, or information confirming the good faith of such a participant at the date of submission of the application, with simultaneous provision of such Participant to ensuring the execution of a contract established by the procurement documentation.

The bonus of the procurement participant is confirmed only by executed without failure contracts that can be selected from the register of contracts by the registry number. The conscientious participant must within one year before the date of application for participation in the competition or auction to execute three or more contracts (while all contracts must be executed without applying to such a participant (fines, penalties), or within two years before the submission date Applications for participation in the competition or auction of four or more contracts (at the same time at least seventy-five percent of contracts must be executed without applying to such a participant to the contest (penalties, penalties), or within three years before the date of submission of an application for participation in the competition or The auction of three or more contracts (all contracts should be executed without applying to such a participant (fines, penalties). At the same time, the price of one of the contracts should be at least 20 percent of the NMCC established in the notice and documentation on procurement.

A number of changes in the law concerns the essential conditions of the contract and ensure the execution of the contract. Consider them.

Part 1 of Article 34 of the Law is supplemented the following condition. In the event that the amount of goods (works, services) is not defined, the contract must contain the procedure for determining the number of goods supplied, the amount of work performed, the service provided on the basis of customer's applications. If the contract is divided into stages of the supply of goods, work, the provision of services, the price of each stage is set in the amount reduced in proportion to the decrease in NMCC. For example, the contract includes the four phases of the supply of goods, work, the provision of services. The winner of the procurement during the auction reduced the NMCC for five percent. In this case, the price of each stage the Customer in the contract reduces five percent.

The law appeared new grounds for changing the essential conditions of the contract:

1. Purchase of work on the construction, reconstruction, overhaul, demolition of the object of capital construction, preserving the objects of cultural heritage. You can change the contract to 10 percent of the price.

2. If the contract is concluded for a period of at least a year and its price is or exceeds the size established by the government. At the same time, circumstances arose, in which the fulfillment of such a contract on the circumstances independent of the parties without changing its conditions is impossible, by decision of the government, the highest executive regional or municipal authority in the contract you can make changes. The following conditions must be respected:

  1. Procurement for the construction of work on construction, reconstruction, overhaul, demolition of the object of capital construction, preservation of cultural heritage facilities.
  2. As a result of the changes, the deadline for execution of the contract will not increase, and the price will not grow by more than 30 percent.

3. If the contract for the construction of the construction, reconstruction, overhaul, demolition of the object of capital construction, the preservation of cultural heritage facilities cannot be fulfilled on the circumstances independent of the parties or if the contract is not executed on the term of the Contractor's fault. In this case, it is possible to extend the deadline for execution of the contract for a period that does not exceed the term of execution under its conclusion. If the violation of the performance of the execution occurred due to the fault of the contractor, then the extension of the term is possible when the counterparty will pay the penalty.

4. The contract with the only supplier may be changed under paragraphs 1, 8, 22, 23, 29, 32, 34, 51 of part 1 of article 93 of Law No. 44-FZ.

In relation to ensuring the execution of the contract and warranty obligations. The customer has the right to establish in the documentation and draft contract the requirement to ensure warranty obligations if necessary. Acceptance documents are drawn up after the supplier will provide guarantee obligations in the manner and deadlines established by the contract. The size of the liabilities should not exceed 10 percent of the NMCC.

The procurement participant independently determines the way to ensure the execution of the contract, warranty obligations (introduction money either bank guarantee), the validity of the bank guarantee. At the same time, the period of validity of the bank guarantee should exceed the term of obligations provided for by the contract for no less than one month. Counterparties will be able to change the contract ensuring during its execution.

In the attitude of small businesses and socially oriented non-profit organizations (hereinafter referred to as SMP and Sono), the procedure for granting the execution of the contract is facilitated. Now participants from the SMP and Sono are entitled not to provide provision if within three years before the application of the application, they fulfilled at least three contracts without failure. The sum of the prices of such contracts should be no less than the NMCC, which is indicated in the notice and documentation on procurement. Details of executed contracts are confirmed from the register of contracts. Contracts with succession are not taken into account. The rule is valid when the customer applies anti-dumping measures.

The contract includes a prerequisite for the deadline for returning the customer to the supplier (contractor, the contractor) of funds made as ensuring the execution of the contract (if such a form of execution of the contract is applied by the supplier (contractor, performer). The term of returning the counterparty of the amount of the contract shall not exceed 30 Calendar days from the date of execution of all obligations of the counterparty. When purchasing SMP and Sono, the term is 15 calendar days.

The legislator enshrines the right to conclude a contract with the second participant if the customer has been terminated by the contract unilaterally, by the court decision or by agreement of the parties. The second participant is the applicant who suggested during the procurement better conditions After the winner. A participant at number two has the right to refuse to conclude a contract. At the same time, if the termination of the contract was unilaterally, the contract with the second participant consists only after the information about the winner will be made to the RNP.

When concluding a contract with the second participant, it is necessary to reduce the volume of products and the price in proportion to fulfilled obligations.

In relation to procurement single supplier Since July 1, the following changes will take effect. The limit of small purchases under paragraph 4 of Part 1 of Article 93 of the Law is increased. The maximum price limit of direct purchases will be three hundred thousand rubles instead of the previous hundred thousand rubles, which greatly facilitates the life of both the customer and the supplier in relation to "inexpensive", but important purchases. An increase in the price limit up to a million rubles for the purchase of drugs at the only supplier to solve the medical commission instead of the previous two hundred thousand introduces a change in paragraph 28 of Part 1 of Art. 93 of Law No. 44-FZ.

From 07/31/2019 There are changes in relation to procurement at a single supplier under paragraph 5 of Part 1 of Article 93 of Law No. 44-FZ. The amount of direct procurement of cultural and education institutions will amount to six hundred thousand rubles in exchange for previous four, with the maximum annual volume of such purchases of thirty million rubles. Thus, the participants in the procurement concluded according to paragraph 5 of Part 1 of Article 93 direct contracts with customers of the sphere of culture and education will increase the price limit of contracting contracts.

From 01.10.2019 If the contract provides for the phased performance and payment of an advance, the customer must be included in the notice and contract for the size of the advance in relation to each stage as a percentage of the price of the stage. If the payment is provided, in the notice is prescribed the size of the advance. Since July 1, the advances in the participant's advance payment is not allowed against which anti-dumping measures are applied.

From 01/01/2020 GIS "Independent Registrar" begins its work. The system is intended to monitor and fix the actions and inaction of procurement and customers. The main task of the system is to track including the efficiency of the EIS, as well as electronic platforms. Now customers and procurement participants can independently install and apply the program. From January 1, 2020, work in the program will be mandatory for all parties involved in the process of procurement activities of 44-ФЗ.

Summing up, it can be concluded that the Federal Law of 04/05/2013 No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs" has been subjected to significant changes for both procurement participants and customers. Whether this desired result will make it easier complex system Customer's procurement and involvement at all stages in this activity of procurement participants will show time. We also have to learn to apply the imposed norms of legislation and expect the practice of applying innovations.

List of materials used:

  1. Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services for providing state and municipal needs" as amended with changes from 01.05.2019;
  2. Federal Law of 01.05.2019 N 71-FZ "On Amendments to the Federal Law" On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs ";
  3. An overview of the procurement changes in 44-FZ since May 2019. N. Kozlova.

15% of all purchases State Transpasses are carried out at and non-commercial socio-oriented organizations.

What regulates 44-ФЗ?

  • Planning, monitoring and auditing procurement.
  • Selection of suppliers.
  • Conclusion of contracts and their execution.
  • Procurement control.

What does not regulate 44-ФЗ?

  • Procurement of services for international financial organizations.
  • Procurement of services by state defense judges officials, participants in ships and other people.
  • Procurement of precious metals and precious stones to replenish the State Fund.
  • Purchases related to the support of objects and information systems of the 2018 FIFA World Cup and FIFA Cup 2017.
  • Purchases of free assistance of a lawyer or protection in court.
  • Purchases of election commissions for elections and referendums.
  • Fee for participation in procurement.

Who adopts legal acts of 44-ФЗ?

  • President of Russian Federation;
  • Government of the Russian Federation;
  • Federal bodies executive power;
  • "Rosatom";
  • "Roskosmos";
  • Organs state power Subjects of the Russian Federation and local governments.

44-FZ is based on the provisions of the Constitution, Civil and Budget Codes of the Russian Federation

Principles of the contract system

Important definitions

Gos soldier - This is an organization that needs products and services and pays for procurement. For example, hospitals, schools, universities, scientific institutions,

Provider - Legal or individual, including IP, which is involved in the purchase and supplies goods and services.

Zakupki.gov.ru. - Site of the Unified Information System (EIS), where customers publish procurement and reports. EIS has the registers of all concluded contracts, unfair suppliers, complaints of customers and other important information.

Starting contract price (NMC)- The cost of supplying goods that the customer establishes. NMC must be justified. Suppliers cannot offer price, above NMC.

Electronic marketplace - The site on which customers post purchases, suppliers file applications for participation in procurement, electronic auctions are held.

Specialized electronic platform - Website with access to protected communication channels, on which closed purchases are carried out.

Application for participation - These are documents and information that the Supplier submits in writing or electronic form to participate in procurement.

Unified Information System (EIS)

Now contains

  • Procurement information, the possibility of their search,
  • Contract templates,
  • Rules for rationing
  • Information about market prices for goods,
  • Procurement plans, schedules,
  • Reporting on executed contracts
  • Register of unscrupulous suppliers.
  • Unified registration and the register of procurement participants.
  • Single catalog of goods, works and services.
  • Publication of procurement under PP of the Russian Federation No. 615 (Pokeremont).

Will appear in 2020

  • The system of fixing the actions of participants in procurement in EIS and on 8 federal ETP.

Access to information on EIS is free. If information about the same procurement, customer, contract, etc. EIS and in another source differs, then priority - information on EIS.

EDO organization

Suppliers can submit applications for participation in procurement on electronic trading platforms. In cases determined by the government, electronic document management It can also go through the EIS. All documents sign an electronic signature:

  • Customers get electronic signature FREE in the Federal Treasury. With her, they work in EIS and on ETP.
  • Signature suppliers are needed to participate in electronic purchases. From July 1, 2018, the system of state procurement is used qualified signatures. Suppliers can get a signature in an accredited certifying center.

National regime

The national regime was introduced to give advantages to suppliers of Russian goods and goods from other EurAsEC member countries. More about it we.

Methods for procurement

Depending on the source of income, state procses can be purchased and 44-ФЗ, and 223-ФЗ. By 44-FZ, if the organization spends budget money. On 223-FZ, if it spends its own and she has a procurement position.

Planning

Procurement plans *

Schedules

This is the basis for schedules.

 It is impossible to procure, not included in the schedule.
  • Identification code,
  • Purpose,
  • Object / objects,
  • Volume of financial support
  • Terms of implementation,
  • Substantiation
  • Information on technological complexity that limits the choice of supplier,
  • Do I need a public discussion of purchases. It is required if the purchase is more expensive than 1 billion rubles.

In the description of each procurement there is:

  • Name, number, requirements for goods and participants,
  • Procurement method
  • NMC of each contract,
  • Additional requirements for procurement participants if they are,
  • The size of the application and execution of the contract,
  • Month and year procurement announcement,
  • Information about the bank maintenance contract
  • Application of procurement assessment criteria and others.
Forms for 3 years. This is the term of the Federal Law on Budget. Form for fiscal year.
Plans can be changed.

Coming into force within 10 working days after the budget approval.

Published in Eis, on their sites and in any print editions within 3 business days after approval, if not the state secret.

Coming into force within 10 working days after the budget approval.

Published in EIS within 3 business days after approval, if not consistent with Gostainy.
In terms, you need to justify the object of each procurement in accordance with the regulatory costs.

In terms of schedule, you need to justify the NMC,.

Customers take into account purchase quotas in many ways and should hold 15% of all purchases from small businesses and socially oriented organizations.

* From October 1, 2019, customers will plan procurement only on schedules for 3 years, procurement plans will be canceled. Until the end of 2019, it is still necessary to compile a procurement plan and schedule.

When checking or on a complaint of the supplier, the FAS can recognize the purchase of unreasonable. Then it is adjusted or canceled. Guilty attracted to administrative responsibility.

All state procurements are normalized. The amount, price, characteristics of goods and services establishes the federal and local legislation of the Russian Federation.

Contract system guide:

Procurement Dispute Guide:

1. The customer when describing the purchase of the procurement object must be guided regular rules:

1) In the description of the procurement object, functional, technical and qualitative characteristics, operational characteristics of the procurement object (if necessary) are indicated. The description of the procurement object should not include the requirements or directions regarding trademarks, maintenance signs, branded names, patents, useful models, industrial designs, the name of the country of origin of goods, requirements for goods, information, work, services, provided that such requirements or Instructions entail limit the number of procurement participants. The use in the description of the procurement object indication on a trademark, subject to the accompaniment of such an indication by the words "or equivalent", or subject to 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, or subject to the procurement of spare parts and consumables to machines and equipment used by the Customer, in accordance with the technical documentation for these machines and equipment;

2) Use in drawing up a description of the procurement object of indicators, requirements, symbols and terminology relating to the technical characteristics, functional characteristics (consumer properties) of goods, works, services and qualitative characteristics of the procurement object, which are provided for by the technical regulations adopted in accordance with the legislation of the Russian Federation on technical regulation, documents developed and used in national System Standards adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to the definition of the compliance of the supplied product, performed by the work provided by the needs of the customer. If the Customer is not used by the Customer in the compilation of the Procurement Object, established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization indicators, requirements, legend and terminology, the procurement documentation should establish the need to use other indicators, requirements, symbols and terminology;

(see text in the previous edition)

3) The procurement object description may include specifications, plans, drawings, sketches, photos, work results, testing, requirements, including in relation to testing, test methods, packaging in accordance with the requirements of the Civil Code of the Russian Federation, labeling, labels , confirmation of compliance, processes and methods of production in accordance with the requirements of technical regulations, documents developed and used in the national standardization system, technical Conditions, as well as with regard to symbols and terminology;

(see text in the previous edition)

4) Procurement documentation should contain an image of the supplied product, allowing it to identify and prepare an application, a final proposal, if this documentation contains a requirement for the compliance of the goods to the image of the product, to which the contract is concluded;

5) Procurement documentation should contain information about the place, dates of the beginning and end, the procedure and schedule of inspection by participants in the procurement of the sample or the layout of goods, to which the contract is concluded, if the documentation contains the requirement to comply with the goods supplied by the sample or the goods layout. which the contract is concluded;

6) Procurement documentation should maintain an indication of international non-specific drug names or in the absence of such chemical names, grouping names, if the object of procurement is drugs. The customer in the implementation of the purchase of drugs included in the list of drugs, the purchase of which is carried out in accordance with their trade names, as well as the purchase of drugs in accordance with paragraph 7 of Part 2 of Article 83, paragraph 3 of Part 2 of Article 83.1 of this Federal Law, has the right to Indicate trade names of these medicines. The indicated list and order of its formation are approved by the Government of the Russian Federation. In case the procurement object is drugs, the subject of one contract (one lot) cannot be drugs with various international non-payable names or in the absence of such names with chemical, grouping names, provided that the initial (maximum) contract price (the price of the lot ) Excends the limit value established by the Government of the Russian Federation, as well as drugs with international non-specific names (in the absence of such names with chemical, grouping names) and trade names. The provisions of this clause are not applied in determining the supplier of drugs with which a state contract is concluded in accordance with Article 111.4 of this Federal Law;

(see text in the previous edition)

7) the supplied goods must be a new product (product that was not used, in repair, including which was not restored, which did not have a replacement of components, consumer properties were not restored) in case otherwise provided description of the procurement object;

8) documentation on procurement in the purchase of works on construction, reconstruction, overhaul, the demolition of the capital construction object should contain project documentation approved in the manner established by law On urban planning activities, except for the case, if the preparation of project documentation in accordance with the specified legislation is not required, as well as cases of procurement in accordance with parts 16 and 16.1 of Article 34 of this Federal Law, in which the subject of the contract is including the design of the capital construction facility . The inclusion of project documentation in the procurement documentation in accordance with this clause is the appropriate execution of the requirements of paragraphs 1 - this part.

2. Procurement documentation in accordance with the requirements specified in paragraph 1 of this article should contain indicators to determine the compliance of the purchased goods, work, services established by the customer. This indicates the maximum and (or) minimum values \u200b\u200bof such indicators, as well as values \u200b\u200bof indicators that cannot be changed.

(see text in the previous edition)

3. It is not allowed to include the purchase documentation (including in the form of quality requirements, technical characteristics Goods, work or services, requirements for functional characteristics ( consumer properties) product) requirements for the manufacturer of goods, to the participant of procurement (including the requirements for the qualifications of the procurement participant, including the availability of work experience), as well as the requirements for the business reputation of the participant of the procurement, the requirements for the presence 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 fulfill the work or the provision of services that are the subject of the contract, with the exception of cases, if the possibility of establishing such requirements to the participant in procurement is provided for by this Federal Law.

4. Requirements for the quality assurance of goods, work, services, as well as requirements for a warranty period and (or) the volume of provision of guarantees of their quality, to warranty service of goods (hereinafter - warranty obligations), to the cost of exploitation of goods, to the mandatory installation and The commissioning of the goods, to the training of persons engaged in the use and service of the goods, are established by the customer if necessary. In case of determining the vendor of machinery and equipment, the Customer establishes in the documentation for the procurement of a warranty period of goods in the documentation and (or) the amount of provision of guarantees of its quality, to the warranty service of the goods, to the cost of servicing goods during the warranty period, as well as installation and commissioning Goods, if provided for by technical documentation for the goods. If the supplier is determined by new machines and equipment, the Customer establishes in the purchase documentation requirements for the provision of a manufacturer's guarantee and (or) provider of this product and by such a guarantee. The provision of such a guarantee is carried out with this product.

(see text in the previous edition)

5. Features of the description of certain types of procurement facilities can be established by the Government of the Russian Federation.

6. Features of the description of procurement facilities under state defense order may be established by the Federal Law of December 29, 2012 N 275-FZ "On the State Defense Order".

Government procurement is a major market for suppliers. In 2018, in a unified information system of procurement, state procurement was published by a total volume of more than 8 trillion rubles, of which more than 1 trillion rubles. Little business is given.

Conducting state procurement regulates the federal law No. 44 "On the Contract System". It is spelled out all the rules for conducting a procurement procedure: from its planning, placement in the EIS to fulfill all obligations under the contract.

Who can participate in state procurement

Purchases on 44-ФЗ customers are state and municipal bodies and institutions, budgetary organizations. The participant of the state procurement can be any legal or individual, including individual entrepreneurs.

Participation in procurement cannot organizations, IP or individuals, who:

  • Are in the process of liquidation, at the bankruptcy stage or competitive production.
  • There are more than 25% of the balance sheet value of assets.
  • Have a criminal record for economic crimes under Art. 289, 290, 291, 291.1 of the Criminal Code.
  • Created to administrative responsibility under Art. 19.28 Administrative Code (cottage of bribes) for two years before applying.
  • Have a conflict of interest with the customer or another procurement participant (close related links).
  • Are an offshore company.
  • Included in the register of unscrupulous suppliers.
  • Fall under restrictions to participate in procurement, which established the Government of the Russian Federation.

The participant must confirm that it can participate in the state procurement and does not apply to any of the requirements above, on each electronic trading platform (ETP), where he participates in procurement.

Additional requirements for public procurement participants

Customers may prevent additional requirements for the qualifications of participants, their experience, business reputation, financial resources and equipment. Such requirements are established if the purchase concerns the reconstruction of the object of cultural heritage, the construction of the object of capital construction, repair of roads and other works from the List of the Government of the Russian Federation No. 19999. Confirm compliance with the requirements participant must be submitted to the purchase of a purchase - Attaching the documents in personal Cabinet on the federal ETP.

The customer may require a procurement participant complies with the requirements for implementation. defined activities - had an appropriate license for work, membership in self-regulatory organizations and so on.

The participant must have a patent, a license agreement or other confirmation of the rights to the results of intellectual activity. This requirement is required if the Customer receives the rights to the results of intellectual activity within the contract. Requirements are not established if the Supplier creates or executes the work of literature or art, finances the hire or display of the National Film.

Preferences to participants

Some participants are provided with benefits or priority when considering applications. For example, states soldiers are required to carry out 15% of the total volume of procurement among small businesses (SMP) and socially-oriented non-commercial organizations (Sonko).

In addition to SMP and Sonko, preferences in public procurement are provided:

  • institutions and enterprises of the penitentiary system,
  • organizations with disabilities,
  • suppliers of goods from EAEU countries (Russia, Belarus, Kazakhstan, Armenia, Kyrgyzstan).

Types of procurement

Gosquiters can purchase goods, work or services in 7 ways:

  • open Competition
  • contest with limited participation
  • two-stage contest
  • electronic auction
  • request for proposals
  • request quotes
  • purchase at the only supplier (conducted in limited laws).

Depending on the type of procurement, the winner is determined by one of two ways:

  1. At the minimum price proposed during the purchase - auction, request quotes.
  2. For a better combination of prices and conditions of execution of the contract proposed in applications or final proposals - in contests and requests for proposals.

What you need for victory

How to participate

Auction

The smallest price

Apply without errors, reduce the price on the online auction.

Competition

To refer the application in which the price, product characteristics and other conditions for executing a contract with the documents confirming their documents are indicated.

Request quotes

The smallest price

Send an application in which to agree with the terms of the contract execution, describe the goods and offer the price.

Request for proposals

The best combination of price and condition conditions

To refer the application in which the price, product characteristics and other conditions for executing a contract with the documents confirming their documents are indicated. Conditions can be improved once after the opening of all applications.

Also, customers of 44-FZ can hold closed contests and auctions to purchase goods related to the country's gostaya and security, services for the State Fund of precious metals and stones, baits and judges. Information on such purchases is not published in open access, and the customer sends invitations to participate in potential suppliers.

WHERE PERFORMED GOSSAKUPKI

All purchases of 44-ФЗ are carried out in electronic form. They pass on eight federal electronic trading platforms (ETP): ETP, RTS-tender, Sberbank-Ast, Customerf, NEP, Russian auction house, ETP GPB, Tek-bargaining.

To participate in bidding on 44-FZ, you need to register with EIS. It gives access to state procurements on eight federal ETPs, as well as to procurement on overhaul of 615-PP and trading on 223-ФЗ for small and medium-sized businesses. Registration in Eis is free and is valid for three years.

Since procurement is carried out in electronic form, it requires a strengthened qualified signature to participate in them. It will be needed to register with EIS, sending applications, participation in the auction and signing the contract.

Providing applications, contract and warranty obligations

When applying for procurement of 44-ФЗ, the participant must provide an application. So he confirms his intention to participate in the tender. The size of the application depends on the size of the initial maximum contract price (NMCC):

  • if NMSK is from 0 to 20 million rubles, then providing applications from 0.5 to 1% NMCC
  • if NMCC is more than 20 million rubles, then the provision is from 0.5 to 5% NMCC.

Provision can be provided with money or bank guarantee. He will be returned to all participants after the winner is determined.

The winner of the procurement when signing the contract should provide ensuring the execution of the contract. So he confirms that he will fulfill its obligations under the contract. The size of the contract is from 10 to 30% of the NMCC. You can provide it with money to the customer's account or bank guarantee. The provision of the customer will completely return if the supplier fulfills all obligations under the contract.

Also, the State Transportation may require ensuring warranty obligations. If this requirement is established in the purchase, the customer can sign an acceptance act only after providing security. The size of ensuring warranty obligations is not more than 10% NMCC.

Reduced the initial contract price by 25%

If the contract with the winner is concluded at a price that is 25% lower than NMSC and more, then anti-dumping measures are applied to the winner:

  1. In procurement with NMCC, more than 15 million rubles. The winner must provide a contract ensuring an increased 1.5-fold.
  2. In procurement with NMCC less than 15 million rubles. The winner can provide either the second-time support of the contract, or confirm its good faith and provide security for usual (specified in the documentation). Good faith is confirmed by three contracts for 3 last years, which performed without failure. At the same time, the price of one of the contracts should be at least 20% of the NMCC of the current procurement.

In addition, with a reduction in NMSC, 25% and more winner will not receive an advance if it is provided for in procurement.

Register of unscrupulous suppliers

If the company fell into the register of unscrupulous suppliers (RNP), then it will not be able to participate in procurement of 44-ФЗ and other purchases, if the Customer establishes the appropriate requirement.

The reasons why the winner of the procurement can get into the RNP of 44-ФЗ:

  • If he won the procurement (or became the only procurement participant) and refused to conclude a contract with the customer.
  • The company won in procurement, but signed the contract later the necessary deadlines.
  • The winner did not provide a contract providing him late or with a mistake.
  • If the contract is terminated by the court decision, because the winner seriously violated the obligations under the contract.
  • The customer decided to terminate the contract unilaterally.

At the same time, if the contract is terminated by agreement of the parties, then the company will not be included in the RNP. The inclusion in the RNP can be challenged in court.

The law 44-FZ explains in detail the participants of the state procurement of the rules of work, regulates the parameters when choosing a winner, obliges the Customer to conclude a contract with the winner and pay for the goods on time. Therefore, it suits novice participants. But it should be remembered that violation of the requirements of 44-FZ at any stage of procurement, entails fines for the customer, and the participant threatens the organization to the register of unscrupulous suppliers.

One of the bright innovations of the CS Act has become unified rules for describing the procurement object. Analyzing the first results of the current procurement description practice, the article concludes that not all participants in the contract system are legitimately applied established in Art. 33 of Law No. 44-ФЗ Rules for describing the procurement facility.

From this article you will learn:

  • rules for describing the procurement object;
  • responsibility for violations in the description of procurement;
  • requirements for quality indicators and compliance with the purchase of goods;
  • requirements for technical specifications of procurement objects;
  • penalty for disappointment in the description of the procurement object along with the word sign of the words "or equivalent".

Rules for the description of the procurement object by 44-ФЗ

According to paragraph 1 of Part 1 of Art. 33 of the Law on the Contract System, the Customer, when describing in the documentation of the Procurement facility, should be guided by the following rules:

  • the description of the procurement object should be objective;
  • in the description of the procurement object, functional, technical and qualitative characteristics, operational characteristics of the procurement object (if necessary) are indicated;
  • the description of the procurement object should not include the requirements or directions regarding trademarks, signs of service, branded names, patents, useful models, industrial designs, the name of the origin of the goods or the name of the manufacturer, as well as the requirements for goods, information, work, services, provided that such requirements entail the restriction of the number of participants in procurement, except in cases, if there is no other method, providing a more accurate and clear description of the characteristics of the procurement object;
  • procurement documentation may contain an indication of trademarks in case of work, the provision of services is supposed to use the goods whose supplies are not subject to contract.
    Wherein mandatory condition is the inclusion in the description of the procurement of words " or equivalent

Consider five major violations of customers when describing procurement objects identified by the FAS Russia.

Violation number 1.

Quality indicators of goods are not installed

As mentioned above, by virtue of the provisions of Art. 33 of the CU Act Description of the procurement object should be objective. In the description of the procurement object, functional, technical and qualitative characteristics, operational characteristics of the procurement object (if necessary) are indicated. Nevertheless, not all customers perform this requirement.

Example

In paragraph 2.1.1 technical requirements The system block of documentation on the auction for the processor is indicated - "not weaker than Intel Core i3-4130";
In paragraph 2.4 of technical requirements for the type 1 server of the documentation on the auction for the processor indicated "at least two processors of the type no worse E5-2690V2";
In paragraph 2.5 of the technical requirements for the type 2 server, the documentation on the auction for the processor is indicated "at least one type of type not lower than Intel Xeon E3-1240v3".

Thus, from these provisions it is impossible to determine the indicators of goodscorresponding to the needs of the customer. At the same time, from the position of the FAS of Russia, the validity of the customer who did not comply with the properly functional, technical and qualitative characteristics, the operational characteristics of the procurement facility, except for cases of incompatibility of goods on which other trademarks are placed, violate paragraph 1 of part 1 of Art. 33 of the COP Act (decision and prescription of the FAS of Russia dated 04.22.2014 in case No. K-657/14).

It is impossible not to take into account that according to Part 2 of Art. 33 of the Law on the CC Procurement Documentation in accordance with the requirements specified in Part 1 of Art. 33 of the COP Act should contain indicators to determine the compliance of the purchased goods, work, services established by the customer. This indicates the maximum and (or) minimum values \u200b\u200bof such indicators, as well as values \u200b\u200bof indicators that cannot be changed.

What does FAS Russia say

Currently, some customers allow violations of the above rule. For example, in accordance with the documentation on the auction, the customer has the following minimum and maximum values: "The total length of the attachment of at least 150.1 mm and not more than 114.4 mm", "length of at least 0.57 m and not 0.71 m".

As follows from the decision and prescription of the FAS Russia of 28.03.2014 in case No. K-381/14, when considering the complaint, the representative of the customer explained that a technical error was allowed in the specified point of the auction documentation. At the same time, the FAS Russia concluded that in the documentation on the auction by the customer in violation of Part 2 of Art. 33 of the COP Act is not established indicators to determine the needs of the customer.

A similar conclusion about the absence in the procurement documentation of indicators to determine the compliance of the goods (building materials) used during the work was made in the decision of the FAS Russia of 04/22/2014 in case No. K-657/14. So, in accordance with paragraph 17 technical task The documentation on the auction by the Customer is established, including the following requirement for concrete used in the contract under the contract: "The minimum strength of compressiveness at the age of 28 days should be more than 27.3 and less than 33.6 (more than 270 and less than 340 ) ".

According to Part 2 of Art. 33 of the COP Act in accordance with the requirements specified in Part 1 of Art. 33 of the 44-FZ Act should contain indicators to determine the compliance of the purchased goods, work, services with the requirements established by the Customer. This indicates the maximum and (or) minimum values \u200b\u200bof such indicators, as well as values \u200b\u200bof indicators that cannot be changed.

Thus, the customer does not define indicators that allow you to determine the compliance of the concrete used during the work, the requirements of the customer, and the unit of measurement of the indicator of the compression strength is not established, which is a violation of paragraph 1 of Part 1 of Art. 64 of the COP Act.

How to describe the procurement object when there are no guests, technical regulations, technical conditions?

Violation number 2.

The establishment of requirements for goods in improperly

In accordance with paragraph 2 of Part 1 of Art. 33 of the COP Act In the preparation of the description of the procurement object, use is allowed, if possible, standard indicators, requirements, symbols and terminology concerning the technical and qualitative characteristics of the procurement facility established in accordance with the technical regulations, standards and other requirements provided for by the legislation of the Russian Federation on Technical regulation. If the customer, when describing the procurement facility, does not use such standard indicators, requirements, symbols and terminology, the procurement documentation should establish the need to use other indicators, requirements, designations and terminology.

However, one of the customers in the instructions for filling the first part of the application for auction documentation presented a list of frequently encountered regulatory documents, which should be taken into account when preparing an application for data trading: GOST 1709-75, 22245-90, 16442-80, 9548-74, 7399 -97, 14791-79, 6465-76, 3262-75, 10503-71, 30108-94, 23732-2011, 25328-82, 28013-98, 7931-76, 26869-86, 9128-23, 23558-94 8267-93, 52128-2003, 24909-81, 53299-2009, 26602.5-2001, 2469-2002, 7827-74,9,014-78, 2228-81, 53301-2009, 30674-99, 18599-2001, 190 -78, 10178-85, 9179-77, 125-79, 12820-80, 22266-94, 22266-94, 30884-2003, 30108-94, 8420-74, 20259-80, 18477-79, 52605-2006 14918-80, 52325-2005, 6527-68, 28196-89, 50597-93, 12.4.026-2001, 52875-2007, 17608-91, 51728-01, 5583-78, 3134-78, 15860-84 949-73, 17811-78, 23567.10-93, 9410-78, 10036-75, 9467-75, 20448-90, 10923-93, 9097-82, 7805-70, 6631-74, ... 23683-89, as well as other GOSTS, which regulate the materials presented in the Annex to Technical A task if the GOST data is associated with the works carried out. In the event that the GOSTS presented in this list are outdated, this GOST number should be applied, but in the current edition (with another index after the number).

The above example of the provisions of the auction documentation indicates that the customer is not established properly requirements for the indicators of the compliance of goodsused when performing work, customer needs. In addition, from the position of FAS Russia, the customer is not established, which GOST corresponds to the goods, and therefore the participants of the procurement are not possible to compare GOST with the goods when filling out an application for participation in auction.

Given the above, the Commission of the FAS Russia considered that the instructions established by the Customer to fill out an application for participation in the auction did not allow the procurement participants to form an application for participation in the auction properly.

Regardless are the substantiated complaints of the procurement participants, indicating the instructions in the technical task of the requirements for the indicators of the purchased goods that contradict the GOST indicated in the documentation.

Example

P. 4 "Polyethylene film" The technical task is set to the following characteristic of the product: "The static friction coefficient must be within up to 0.5". At the same time, according to GOST 10354-82, the requirement of which is indicated in the auction documentation, the static friction coefficient is in the range of 0.1-0.5. At the same time, from the position of FAS Russia, the requirement to the indicator of the "static coefficient of friction", established in paragraph 4 "Polyethylene film" of the technical task, does not comply with the requirements of GOST 10354-82, which does not allow to fill out an application for participation in the auction (decision and prescription of the FAS Russia from 04.06.2014 in case number K-893/14).

As a result of an unscheduled inspection conducted by the FAS of Russia, it was revealed that in Appendix No. 2 to the documentation on the auction for the purchase of finished metal products to the product "Three-core storage rack", including the following requirements:

  • The rack must be made in the form of metal structures and correspond to GOST 16140-77.
  • Material steel sheet, steel 3 GOST 19903-74, st3pc of ordinary quality, in accordance with GOST 14637-89, an equalization corner: on the shelves 32 × 32, on the rack 45 × 45 GOST 8509-93. "

Also, the customer has the following requirement: "To protect the floors and ensure the stability of racks on the lower part of the legs, squares of at least 60 × 60 mm made of steel grade of ordinary quality, a thickness of at least 2 mm, should be welded.

In accordance with GOST 14637-89, the standard applies to thick-rolled rolled rolling from carbon steel of ordinary quality, made with a width of 500 mm and more, thick from 4 to 160 mm inclusive.

Thus, indicating the customer in the documentation on the auction requirements for steel thickness, from which squares of at least 60 × 60 mm should be performed, "at least 2 mm", does not correspond to GOST 14637-89, which introduces participants in misconception and not Allows you to fill out an application for participation in the auction properly.

Specified actions of the customer violate p. 1 h. 1 tbsp. 64 of the COP Act and contain signs of the composition of the administrative offense, the responsibility for which the commission of which includes part 4.2 of Art. 7.30 Code of Administrative Offenses of the Russian Federation (decision and prescription of the FAS of Russia of 03.12.2014 in case No. K-1779/14).

Violation number 3.

Establishing contradictory requirements in the description of the procurement object

As follows from the decision of the FAS of Russia of 26.05.2014 in case No. K-831/14, the actions of the customer who has established conflicting requirements for the provision of services in the competitive documentation, violate paragraph 1 of Part 1 of Art. 50 of the Law on the Contract System and contain signs of the composition of the administrative offense, provided for by Part 4.2 of Art. 7.30 Code of Administrative Code.

So, according to PP. 1.1.2 and 1.2. Tables 2 Section IV "Description of the Procurement Object of Works (Services)" (hereinafter - Table 2) Competitive documentation in the editorial office of 07.05.2014 the Contractor must be coordinated with the Customer no later than three working days before conducting meeting seminars, the program, program, distribution materials and documents and (or) materials to discuss every seminar-meeting.

At the same time, according to these types of services in Table 5 of Section IV "Description of the procurement of works (services)" (hereinafter - table 5) of the competition documentation in the editorial office of 07.05.2014 the Customer must agree on the program of each seminar meeting within five working days. Also, according to paragraph 2.1.1 of the table 2, the Contractor needs to agree with the customer a description of the system of tactical target attitudes for 2015, in Table 5 for these types of services, approval is not required. In accordance with PP. 1.4.1 and 2.4.1 Tables 2 The Contractor must coordinate with the customer of the form of expert opinions and summary expert opinions, in Table 5 for these types of services, approval is not required.

Consequently, the requirements set to the services provided in Table 2 contradict the requirements set in Table 5.

Similarly, considering the applicant's complaint against the unlawful actions of the Customer when describing the M / FTD B737NG simulators with a full-size imitation of the B737NG aircraft crew, FAS Russia concluded that the object of the purchase of contradictory requirements.

According to the applicant, because the procurement object is the delivery of M / FTD B737NG simulators with a full-size imitation of the B737NG aircraft crew, then an objective description of this procurement object will be an indication of the compliance of the simulators of the real design of the B737NG aircraft crew.

At the same time, according to the requirements of the competitive documentation, the simulator must include the following hardware, including "for B737NG FCU, MCDU (left and right), ECAM Control Panel, Switching Panel (switching panel)", which refers to the composite parts of the cabin Airbus320 aircraft crew.

In accordance with the technical task of the competitive documentation, the simulator must include the following hardware: "For B737NG FCU, MCDU (left and right), ore, ECAM Control Panel, Switching Panel (switching panel), steering and control pedals."

At the meeting of the Commission of the FAS Russia, the applicant presents documents and information that FCU (Flight Control Unit) is the control control unit - the technical component of the aircraft design, in this designation (name) is an integral part of the airbus320 aircraft crew. In the aircraft crew cabin and on the B737NG simulator, the MPC (Model Control Panel) is placed on the FCU site - the aircraft modes control panel. MCDU (left and right) - multipurpose control display, also refers to the airbus320 aircraft crew cabin, in the aircraft crew cockpit and the B737NG field on the CDU site (Control Display Unit) - control unit and indication, etc. .

Thus, the actions of the Customer, which indicated in the technical task of the competitive documentation conflicting requirements for the procurement object, do not correspond to paragraph 1 of Part 1 of Art. 33 of the contract on the contract system and violate paragraph 1 of Part 1 of Art. 50 of the Law on the Contract System and contain signs of the composition of the administrative offense, provided for by Part 4.2 of Art. 7.30 Administrative Code of the Russian Federation (decision of the FAS Russia of October 28, 2014 in case No. K-1545/14).

Violation number 4.

Disappointment of specific requirements for technical specifications of procurement objects

It should be noted that the vivid examples of unspecified specific requirements for the technical characteristics of the purchased goods are practice.

For example, in ch. 5 § 5.1 "Requirements for the supplied equipment" Tables 2 "Technical Support Parameters" in sub. 1.1 p. 1 of the auction documentation set: "Screen resolution - at least 1920 × 1080" without specifying a unit of measurement; Clause 2 is established: "Dimensions (DXSHX) not more than 870 × 770 × 1050" without specifying a unit of measurement. Thus, the actions of the customer who has established a description of the procurement object without the indication of the measurement units does not comply with the requirements of the COP Act and violate paragraph 1 of Part 1 of Art. 64 of the COP Act (decision of the FAS Russia of October 29, 2014 in case No. K-1558/14).

In another case, clause 16.1 of the technical task of the auction documentation established: "Ventilation grille 600 × 300 Aluminum - 4 pcs." without specifying units of measurement. Paragraph 1087 of the technical task of the auction documentation established "Air valve Size 821 × 440 - 1 pc." without specifying units of measurement.

At the meeting of the FAS Russia Commission, the representative of the Customer said that in accordance with paragraph 1.8 GOST 2.307-68 (ST SEV 1976-79, ST SEV 2180-80) " one system design documentation. Drawing and limit deviations »Linear dimensions and their limit deviations in the drawings and in specifications are called in millimeters, without the measurement unit designation.

At the same time, the auction documentation does not contain an indication of the appropriate regulatory document. Accordingly, the actions of the Customer who did not establish specific requirements for the technical specifications of the goods, no correspond to paragraph 2 of Part 1 of Art. 33 of the contract on the contract system and violate paragraph 1 of Part 1 of Art. 64 of the law, which contains signs of an administrative offense, provided for by Part 4.2 of Art. 7.30 Administrative Code of the Russian Federation (decision of the FAS Russia of 09.06.2014 in case number K-915/14).

Violation number 5.

Disappointment in the description of the procurement object of the words "or equivalent"

According to paragraph 1 of Part 1 of Art. 33 of the Law on the CU Documentation on the procurement may contain an indication of trademarks in case of work, the provision of services is supposed to use the goods whose supply is not subject to contract.

In this prerequisite, the inclusion in the description of the procurement facility of the words "or equivalent", except in 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 purchases of spare parts and consumables To machines and equipment used by the Customer, in accordance with the technical documentation on the specified machines and equipment.

So, considering the applicant's complaint unlawful actions of the customer in terms of the impurity of the words "or equivalent" to the trademarkThe FAS Russia recognized the Customer's actions by contradictory legislation on the contract system.

According to paragraph 3 of the technical task of the auction documentation by the Customer, the requirement for the supply of a "self-supporter" chance "-e" without specifying the words "or equivalent". At the meeting of the Commission of the FAS Russia, the applicant was submitted to the certificate of the "Chance" trademark, the copyright holder of which is LLC NPK Firchimzasht. At the same time, the customer at the meeting of the Commission does not provide evidence that the designation of the "self-supporter" chance "is not a trademark.

Thus, according to the decision and prescription of the FAS of Russia of 29.08.2014 in case No. K-1279/14, the auction documentation contains an indication of the trademark of the "self-supporter" chance "-" without using the words "or equivalent", which does not comply with . 1 h. 1 Art. 33 of the law on the contract system disrupts paragraph 1 of Part 1 of Art. 64 of the law on the contract system and contains signs of the composition of the administrative offense, the responsibility for which the commission of which includes part 4.2 of Art. 7.30 Code of Administrative Code.

Similar practice has developed due to the provisions of paragraph 1 of Part 1 of Art. 33 of the COP Act and in contract purchases. For example, at a meeting of the FAS Russia Commission, it was established that in Appendix No. 2 to the information card of the competition, the list of equipment and other material resources required to fulfill the work under the contract contains an indication on a trademark without accompaniment with the words "or equivalent":

  • GROVE GBT 35 autocran or analog;
  • Crane tower mitsuber mct 8FR or analog;
  • Bulldozer Komatsu D275AX- 5 or analog

At the same time, from the position of the FAS of Russia, the validity of the customer who indicated a trademark in the tender documentation without supporting words "or equivalent" does not correspond to paragraph 1 of Part 1 of Art. 33 of the COP Act and violate Part 3 of Art. 56 of the COP Act (decision of the FAS of Russia of 13.05.2014 in case No. K-759/14).

Taking into account the current administrative practice, it is possible to draw the following conclusion: Preparing procurement documentation to customers, authorized authorities should be paid special attention On the description of the procurement object, taking into account the rules indicated by the law. At the same time, objectively describing the procurement object should not be established conflicting requirements, provided that the quality of the quality of the purchased goods, works, services must be determined by the need to determine the needs of the customer.

 

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