In accordance with the provisions of para.2 48 of Article ФЗ №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 59 define other ways of implementing it.
Terminology
Open call competition, in which information aboutPurchasing is communicated 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 notice and tender documentation for an open tender. Let us consider them in more detail.
Notice
It is placed in the information systemless 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:
- Name, location, address (postal and electronic), contact phone numbers, data on the responsible person or specialized organization acting on behalf of the customer.
- A brief description of the terms of the contract.
- Identification code. It is indicated from 1 January. 2016
- Limitations of participation in the process of determining the supplier, contractor or contractor, provided for by Federal Law No. 44.
- The method that will be used to establish the winner.
- The order, place and deadline for submitting applications.
- The rules for making and the amount of amounts to be deposited in the form of collateral, the terms and conditions of the bank guarantee. The latter is indicated if this method is applicable in accordance with Federal Law No. 44.
- The amount of enforcement of the terms of the contract, the rules for its provision, the requirements for it. Information about the bank escort is also indicated here.
Description of the conditions
They include:
- Characteristics of the object of procurement in accordance with the requirements of Article 33 of the Federal Law №44.
- 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 end of the delivery / performance.
- Source of financing.
- Contract value.
If you can not create a documentdetermine the amount of work to be performed, the notice indicates the prices of spare parts for equipment, technology, the unit price of the service. In the papers there should be information about the payment procedure. In particular, remuneration for services rendered / 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:
- The requirements to the participants, the documents they must provide.
- Ways of obtaining the necessary papers, the order, place and term of their presentation.
- The amount of payment (if any) for the tender documentation.
- The languages on which papers are provided.
- Time, date, place of opening of envelopes or access to electronic applications, their consideration and evaluation.
- Restrictions, conditions, prohibitions on admission of products issued in a foreign country or group of countries, services / work carried out by foreigners. Information about them is indicated if it is provided for tender documentation, according to Art. 14 FZ No. 44.
- Advantages that are provided to individualcategories 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 competitive documentation. Conducting activities are impossible in the absence of these securities.
Nuances
Any participant in the event can be application for tender documentation. In this case, the customer can establish a payment for its provision. If necessary, the participant has the right to request clarification of tender documentation. The relevant application is sent towriting. 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 on 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. In addition to these data, tender documentation contains:
- The name and description of the object of purchase, the terms of the contract, according to art. 33 ФЗ №44. Here, among other things, the initial / maximum price of the order is justified.
- Information about the currency that will be used in the formation of contract value and settlements with contractors, suppliers, contractors.
- 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.
- Provisions in Article 51 of Federal Law No. 44 on the content, composition, and form of the participants' proposals. Here is an instruction on the design of forms. Together with that requirements of the tender documentation They can not limit the number of participants or their access to the event.
- Information on the possibility of the customer to adjust the contract terms, in accordance with the provisions of Federal Law No. 44.
- Data on the right to sign 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 under the same conditions. 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.
- 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.
- The rules under which the clarifications to the documentation, the date of commencement and completion of the deadline for submission.
- The amount of collateral, information about the terms of the bank's guarantee (including the period of its validity).
- Indicators for evaluation of applications, criteria for their importance, rules for review and analysis.
- The magnitude and conditions for enforcing the agreement.
- Information about the contract manager, service,responsible for the signing of the contract, the period during which the winning 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
Tender documentation for the procurement of servicestrust management and a specialized depository for pension savings are issued in accordance with Federal Law No. 111. In particular, the content is regulated by 1 article. Papers prepared for organizing events for the selection of a subject for the provision of trust management services and a specialized depositary for an authorized federal body are issued in accordance with Federal Law No. 117. In particular, the rules are established by Art. 24. Competitive documentation for the organization of an event to determine the contractor for activities related to the implementation of regular passenger transport, transportation of baggage by automobiles, electric ground city vehicles, is prepared in the manner prescribed by industry legislation. The documentation should be accompanied by a draft contract. If an event is organized in several lots, an agreement is provided for each of them.
Accommodation
Publication of documentation in the information databaseproduced by the customer along 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 parties, prior to the placement of the notice. After the date of publication of the notification, the customer is obliged to send him the necessary data in accordance with the written application of any participant. Documentation is sent within two days from the date of receipt of the request according to the rules defined in the notice.
The procedure for granting
Documentation is sent on paper.after the interested party (who submitted the request) has paid for it (if the corresponding instruction 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 greater than the cost to the customer for making copies and delivery to the person concerned by mail.
Amendments to the tender documentation
The customer may decide to adjustinformation no later than 5 days prior to the registration of participants. It is not allowed to change the object, increase the value of security for applications. Within 1 day from the date of the decision on the adjustment, the new data are placed in the order established for publication of the notice in the information base. Approved within two days change of tender documentation sent by registered mail or in electronic form to all participants who received the initial information.
Extension of the registration period
If the tender documentation has undergoneadjustment, the customer is obliged to increase the period for submission of applications. The term is extended so that from the moment of posting new information in the information database until the date of completion of registration there will be at least 10 days. Exceptions to this rule may be established by Federal Law No. 44. If adjustments are made with respect to a particular lot, the period for sending applications is extended only for it.
