LawRegulatory Compliance

Competitive documentation: Requirements to Content

In accordance with the provisions of clause 2 of Article 48 of the Federal Law №44 the customer makes a purchase through the organization and holding of an open tender. Exceptions are cases for which Art. 93, 83, 84, 72, 56 and 57, and also 59 define other ways of its implementation.

Terminology

Open call competition, in which information about the procurement is reported by the customer to an unlimited number of entities. For this purpose, the relevant information is placed in the information system. In particular, this is a notification and tender documentation for an open tender. Let us consider them in more detail.

Notice

It is placed in the information system no less than 20 days before the date of opening envelopes with applications or access to their electronic form. The notice shall state the information specified in Article 42 of Federal Law No. 44:

  1. Name, location, address (postal and electronic), contact phone numbers, data on the responsible person or specialized organization acting on behalf of the customer.
  2. A brief description of the terms of the contract.
  3. Identification code. It is indicated from 1 January. 2016
  4. Limitations of participation in the process of determining the supplier, contractor or contractor, provided for by Federal Law No. 44.
  5. The method that will be used to establish the winner.
  6. The procedure, place and deadline for the submission of applications.
  7. The rules for making and the amount of sums for making in the form of collateral, the terms of the bank's guarantee. The latter is indicated if this method is applicable in accordance with Federal Law No. 44.
  8. The amount of ensuring the implementation of the terms of the contract, the rules for its provision, the requirements for it. Here you can find information about bank escort.

Description of the conditions

They include:

  1. Characteristics of the object of procurement in accordance with the requirements of Article 33 of the Federal Law №44.
  2. Information about the place of delivery and the number of goods acting as the subject of the contract, the address of the production of work or the provision of services, the deadline for delivery / performance completion.
  3. Source of financing.
  4. Contract value.

If it is not possible to determine the amount of work to be performed when the document is documented, the notice shall include the prices of spare parts for equipment, machinery, and the unit price of the service. In the papers there should be information about the payment procedure. In particular, remuneration for the services / works performed is carried out at the cost of their unit in accordance with their actual volume, at the cost of spare parts for machinery / equipment on the basis of their total number provided in the process of implementing the terms of the contract. At the same time, the amount of payment should not be higher than the maximum (initial) amount specified in the notification and procurement documentation.

Additional information

The notice also includes information about:

  1. The requirements to the participants, the documents they must provide.
  2. Methods of obtaining the necessary securities, the order, place and term of their presentation.
  3. The amount of payment (if any) for the tender documentation.
  4. The languages on which papers are provided.
  5. Time, date, place of opening of envelopes or access to electronic applications, their consideration and evaluation.
  6. Restrictions, conditions, prohibitions on admission of products issued in a foreign country or group of countries, services / work carried out by foreigners. , согласно ст. Information about them shall be indicated if they are provided for by tender documentation , according to art. 14 ФЗ №44.
  7. Advantages that are granted to certain categories of institutions. In particular, we are talking about MIS, organizations of disabled people, socially-oriented societies of non-commercial type, small businesses.

The notice is formed in conjunction with the tender documentation. мероприятия невозможно при отсутствии этих бумаг. Holding an event is impossible in the absence of these papers.

Nuances

. Any participant of the event can be submitted an application for competitive documentation . In this case, the customer can establish a payment for its provision. . If necessary, the participant has the right to request clarification of the bidding documents . The relevant application is sent in writing. Within 2 days (working) the customer is obliged to answer the request. Explanations can be sent in writing or electronically. At the same time, the request must be received from the participant no later than 5 days before the registration is completed. Within 1 day (working) from the moment of sending explanations the customer places them in the information base. At the same time, he specifies the subject of the request, but does not include data about the subject from which he entered. Published information should not change the essence of previously posted information.

Preparation of tender documentation

The papers in the first place indicate the information present in the notice. содержит: In addition to these data, the tender documentation contains:

  1. The name and description of the object of purchase, the terms of the contract, according to Art. 33 ФЗ №44. Here, among other things, justifies the initial / maximum price of the order.
  2. Information about the currency, which will be used in the formation of contract value and settlements with contractors, suppliers, contractors.
  3. The rules, according to which the official exchange rate of the ruble will be applied to the Russian ruble, determined by the Central Bank and set for payment.
  4. Provisions stipulated in Article 51 of Federal Law No. 44 on the content, composition, and form of participants' proposals. Here is an instruction on the design of forms. не могут ограничивать число участников или их доступ к мероприятию. At the same time, the requirements of the tender documentation can not limit the number of participants or their access to the event.
  5. Information on the possibility of the customer to adjust the terms of the contract, in accordance with the provisions of Federal Law No. 44.
  6. Data on the right to sign the agreements stipulated in part 10 34 of the article, with several participants of the event for the performance of 2 or more research works amounting to 1 lot. At the same time, they should treat the same subject and be executed on the same conditions. должна содержать количество таких контрактов. The tender documentation must contain the number of such contracts. The maximum (initial) is the cost of one agreement. All contracts must have the same price. The maximum (initial) cost of a lot must be equal to the sum of all agreements.
  7. The term and procedure for withdrawal of an application for participation, its return, including in the case of receipt after the end of the prescribed period for filing, and adjustments.
  8. , дата начала и завершения срока представления. The rules, in accordance with which clarifications to the documentation are provided, the date of commencement and completion of the deadline for submission.
  9. The amount of collateral, information about the terms of the bank's guarantee (including the period of its validity).
  10. Indicators of evaluation of applications, criteria of their significance, rules for consideration and analysis.
  11. The magnitude and conditions of enforcement of the agreement.
  12. Information about the contract manager, the service responsible for signing the contract, the period during which the successful bidder must sign the agreement. It also specifies the conditions under which the participant will be deemed to have evaded the execution of the contract.

Special rules

на осуществление закупок на предоставление услуг доверительного управления и специализированного депозитария для средств пенсионных накоплений оформляется в соответствии с ФЗ №111. The tender documentation for the procurement of trust management services and a specialized depository for pension savings is made in accordance with Federal Law No. 111. In particular, the content is regulated by 1 article. The papers that are drawn up for the organization of events for the selection of a subject for the provision of trust management services and a specialized depository for an authorized federal body shall be formalized in accordance with Federal Law No. 117. In particular, the rules are established art. 24. Competitive documentation for the organization of an event for determining the executor of works relating to the implementation of regular passenger transportation, transportation of luggage by cars, electric land city vehicles is compiled in accordance with the procedure provided for by industry legislation. A draft contract must be attached to the documentation. If an event is organized for several lots, an agreement is provided for each of them.

Accommodation

Publication of documentation in the information base is made by the customer together with the notice. Information should be available to participants without charging them. It is not allowed to provide documentation, including at the request of interested subjects, prior to the posting of the notice. After the date of publication of the notice, the customer, in accordance with the written application of any participant, must send him the necessary data. The documentation is sent within two days from the date of receipt of the request according to the rules specified in the notice.

Order of granting

The documentation is sent in hard copy after the interested person (who submitted the request) paid a fee for this (if the relevant indication is present in the notice). The electronic form is provided free of charge (except when the information is transmitted on electronic media). The amount of payment for sending information on paper should not be more than the customer's expenses for making copies and delivering to the interested person by post.

Amendments to the tender documentation

The customer can make a decision on updating the information no later than 5 days before the completion of registration of participants. It is not allowed to change the object, increase the cost of providing applications. Within 1 day from the date of the decision on the adjustment, new data are posted in the order established for publication of the notice in the information database. направляется заказным письмом или в электронной форме всем участникам, получившим первоначальные сведения. Within two days, the approved change in the bidding documents is sent by registered mail or electronically to all participants who received the initial information.

Extension of the registration term

If the tender documentation has been adjusted, the customer must increase the period for filing applications. The term is prolonged so that from the moment of placing new information in the information base and up to the date of completion of the registration there were no less than 10 days. Exceptions to this rule may be established by Federal Law No. 44. If adjustments are made with respect to a specific lot, the period for filing applications is extended only for him.

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